CITY OF RANCHO CORDOVA
CITY COUNCIL MEETING
Monday, August 14, 2023
5:30 PM – Special Meeting
David B. Roberts Council Chambers
City Hall
2729 Prospect Park Drive, Rancho Cordova
Auburn City Hall - Rose Room
1225 Lincoln Way,
Auburn, CA 95603
Join the Meeting Via Zoom Link:
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Instructions to Make Public Comment
Submitting Public Comment via Email
Members of the public who wish to provide public comment via email will need to submit written comments to [email protected] no later than 2:00 p.m. on Monday, August 14, 2023. Written comments received no later than 2:00 p.m. will be distributed to the Council, filed in the record, and will not be read aloud. All comments submitted later than 2:00 p.m. will be distributed to the Council.
Listening to a Zoom Meeting by Zoom Video Conference
To make a public comment using the Zoom platform, please use the “raise hand” feature at the bottom center of the screen. Please make sure to enable audio controls once access has been given by the City Clerk’s office to speak. Please wait to be called upon by the City Clerk.
Rancho Cordova City Council - AGENDA
Special Meeting of Monday, August 14, 2023
Listening to a Zoom Meeting by Phone Only
You can join a Zoom meeting via teleconferencing/audio conferencing using a cell phone or traditional landline phone. To request to make a public comment by phone press *9 to raise your hand. Please wait to be called upon by the City Clerk.
All public comments will be limited to three minutes.
If you have questions related to the City Council Meeting or the use of Zoom, please contact the City Clerk’s Office at (916) 851-8720 before Monday, August 14, 2023, at 2:00 p.m.
AGENDA
1. SPECIAL MEETING - CALL TO ORDER/ROLL CALL
Council Members Garrett Gatewood, Siri Pulipati, David Sander, Donald Terry, and Mayor Linda Budge.
2. PUBLIC COMMENT
At a special meeting, citizens wishing to address the Council for any matter on the agenda may do so at the time the matter is discussed. Under the provisions of the California Government Code, the City Council is prohibited from discussing or taking action on any item not on the agenda.
3. PUBLIC HEARING ITEMS
3.1. Subject: Public Hearing Requesting Public Input Regarding the Composition of Potential Council Election Districts as the City is Working to Transition from At-large to District-based Elections for City Council Members, and
Possible Continued Discussion With and Direction to Staff and Consultants Regarding the Number of Districts Including Whether or Not to Transition from an Appointed Mayor to a Directly Elected Mayor.
Recommendation: 1. To provide education and to receive public input regarding the composition of potential Council election districts as the City is working to transition from at- large to district-based elections for City Council Members pursuant to the California Voting Rights Act (CVRA).
2. Possible further discussion and direction to staff and consultants about the number of districts including whether or not to transition from an appointed Mayor to a directly elected Mayor.
4. ADJOURN TO CLOSED SESSION
Mayor Budge will adjourn the meeting to closed session.
5. CLOSED SESSION - CALL TO ORDER/ROLL CALL
Council Members Garrett Gatewood, Siri Pulipati, David Sander, Donald Terry, and Mayor Linda Budge
6. CLOSED SESSION
Rancho Cordova City Council - AGENDA
Special Meeting of Monday, August 14, 2023
Council will meet in closed session to discuss the following item:
6.1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION: Significant Exposure to Litigation Pursuant to Government Code Section 54956.9(d)(2)(One Case relating to a letter from Scott J. Rafferty on behalf of Neighborhood Elections Now received on June 7, 2023 petitioning the City to comply with the California Voting Rights Act (CVRA) by beginning the process of transitioning from at-large to single-member district City Council elections for the November 2024 Election or potentially be sued under the CVRA).
7. OPEN SESSION - REPORT FROM CLOSED SESSION
The City Attorney will report on action taken in closed session.
8. ADJOURNMENT
ADDITIONAL INFORMATION
Special Meetings listed below are subject to change/cancellation without further notice.
Unless the Council adopts a motion to extend the meeting, any item that is not initiated before 11:00 p.m. will be continued to the next day at 5:30 p.m. or scheduled on the next regular meeting agenda of the Council.
Public documents related to items on the open session portion of this agenda, which are distributed to the City Council less than 72 hours prior to the meeting, shall be available for public inspection at the time the documents are distributed to the Council. Documents are available for inspection at the City Clerk's office located in Rancho Cordova City Hall.
The agenda items are accessible on the City’s website at www.cityofranchocordova.org on Fridays prior to the Special City Council Meeting.
UPCOMING MEETINGS
August 21, 2023 5:30 PM Regular Meeting
August 29, 2023 5:30 PM Special Meeting/Work Session
September 5, 2023 4:00 PM Special Meeting/Regular Meeting September 18, 2023 5:30 PM Regular Meeting
September 26, 2023 5:30 PM Special Meeting/Work Session October 2, 2023 4:00 PM Special Meeting/Regular Meeting October 16, 2023 5:30 PM Regular Meeting
October 24, 2023 5:30 PM Special Meeting/Work Session
If you have any technical questions related to the agenda items, please contact City Hall at (916) 851- 8700.
Rancho Cordova City Council - AGENDA
Special Meeting of Monday, August 14, 2023
In compliance with the Americans with Disabilities Act, if you need a disability-related modification or accommodation, including auxiliary aids or services, to participate in this meeting, please contact the City Clerk’s Office at (916) 851-8720 at least 48 hours prior to the meeting.
CERTIFICATION OF POSTING OF AGENDA
I, Stacy Leitner, City Clerk for the City of Rancho Cordova, declare that the foregoing agenda for the August 14, 2023 Special Meeting of the Rancho Cordova City Council was posted and available for review on August 11, 2023 at City Hall of the City of Rancho Cordova, 2729 Prospect Park Drive, Rancho Cordova, California, 95670. The agenda is also available on the city website at www.cityofranchocordova.org.
Signed August 11, 2023 at Rancho Cordova, California.
Stacy Leitner, CMC
City Clerk
MEMORANDUM
City Council Staff Report - Page 1 of 3
ITEM 3.1.
DATE: August 14, 2023
TO: Honorable Mayor and Council Members
FROM: Stacy Leitner, City Clerk
SUBJECT: PUBLIC HEARING REQUESTING PUBLIC INPUT REGARDING THE
COMPOSITION OF POTENTIAL COUNCIL ELECTION DISTRICTS AS
THE CITY IS WORKING TO TRANSITION FROM AT-LARGE TO
DISTRICT-BASED ELECTIONS FOR CITY COUNCIL MEMBERS, AND
POSSIBLE CONTINUED DISCUSSION WITH AND DIRECTION TO
STAFF AND CONSULTANTS REGARDING THE NUMBER OF
DISTRICTS INCLUDING WHETHER OR NOT TO TRANSITION FROM
AN APPOINTED MAYOR TO A DIRECTLY ELECTED MAYOR
RECOMMENDATION
1. To provide education and to receive public input regarding the composition of potential Council election districts as the City is working to transition from at-large to district-based elections for City Council Members pursuant to the California Voting Rights Act (CVRA).
2. Possible further discussion and direction to staff and consultants about the number of districts including whether or not to transition from an appointed Mayor to a directly elected Mayor.
RESULT OF RECOMMENDED ACTION
The presentation will provide education to identify the neighborhoods, other "communities of interest, " and other local factors that should be considered or used as 'building blocks' when drawing the draft maps. This hearing will also highlight resources available to the public on the City's website related to district-based elections.
In addition, the City Council may further direct staff and consultants about the number of districts including whether or not to transition from an appointed Mayor to a directly elected Mayor.
BACKGROUND
The City Council was elected under an at-large election system, whereby Council Members are elected by voters of the entire City. On June 7, 2023, the City received a letter from attorney Scott J. Rafferty asserting that the at-large election system violates the California Voting Rights Act (“CVRA”) and threatens litigation if the City declines to voluntarily convert to district-based elections. District-based elections is a method of electing the members to the City Council in which
City Council Staff Report - Page 2 of 3
the candidate must reside within an election district and is elected only by voters residing within that election district.
Mr. Rafferty and other attorneys have served similar letters and subsequently filed lawsuits in recent years against numerous other public agencies across the state for CVRA violations alleging racially polarized voting. Upon receiving the letter from attorney Scott J. Rafferty, staff scheduled a closed session on June 19, 2023 to discuss the threatened CVRA litigation.
The CVRA provides a “Safe Harbor” provision to local government agencies with at-large election systems. Under the provision, a local agency has 45 days from the date of receipt of the letter to adopt a resolution of intent to transition from at-large to district-based elections. If the City of Rancho Cordova complies with the “Safe Harbor” provisions, the amount of attorney’s fees Mr. Rafferty can collect is expected to be approximately $37,000 if the City complies with the process to transition from at-large to district-based elections.
On July 17, 2023, the Council adopted a Resolution of Intent to work towards transitioning from at-large to district-based elections. Moving to district-based elections would require a Council Member (and all candidates for that position) to reside within a designated district boundary, and each Council Member would be elected only by voters of the appropriate district. A copy of the Council adopted Resolution 108-2023 declaring the City's intention to move to district-based elections is included in this report as Attachment 3.
As required by Elections Code Section 10010, the City will hold at least two (2) public hearings prior to the release of draft maps of Council election districts. Council will then hold an additional two (2) more public hearings to solicit public input regarding the content of the draft maps and the proposed sequence of elections. Furthermore, the Council may introduce for first reading an ordinance establishing the district boundaries and the district-based election method pursuant to California Government Code Section 34886 and Elections Code Section 10010. At the conclusion of the process, a public hearing will be held for a second reading of the ordinance implementing a Council election district map.
The first hearing was held on Monday, August 7, 2023. Today's hearing continues the process to fulfill the requirement of California Elections Code Section 10010 that states: "(1) Before drawing a draft map or maps of the proposed boundaries of the districts, the political subdivion shall hold at least two public hearings over a period of no more than 30 days, at which the public is invited to provide input regarding the composition of the districts."
The intention of this hearing is to identify the neighborhoods, other "communities of interest," and other local factors that should be considered or used as 'building blocks' to draw draft maps. The public is welcome to propose complete districting maps, but it is not required.
This hearing will also highlight resources available to the public on the City's website related to district-based elections.
Number of Districts and Possible Transition to Elected Mayor
Early in the process of transitioning to district-based elections, the Council will need to provide direction to staff and consultants on the number of Council districts to be created including whether or not to transition from an appointed Mayor to a directly elected Mayor. The Council currently annually appoints a member of the City Council to serve for one year as Mayor of the City. Staff would welcome Council input and possibly direction.
City Council Staff Report - Page 3 of 3
At the August 7, 2023 Public Hearing, Council provided direction to narrow the number of potential districts down to the following options: five (5) districts with a rotating council appointed mayor, six (6) districts with an elected mayor, or seven (7) districts with a rotating council appointed mayor.
FISCAL IMPACT AND FUNDING SOURCE
Neighborhood Elections Now will receive a partial reimbursement, capped at approximately $37,000 if the City complies with the process to transition from at-large to district-based elections.
The City is working with a professional demographer at an estimated cost of $60,000-$80,000 to assist the City with the process of transitioning from at-large to district-based elections.
The City will also incur additional fees for City Attorney time, community meetings, assistance from consultants for public outreach, and staff time.
ATTACHMENT(S)
1. PowerPoint Presentation 1
2. PowerPoint Presentation 2
3. Resolution No. 108-2023
1 DISTRICT-BASED ELECTIONS
BACKGROUND & INFORMATION
CityOfRanchoCordova.org
ITEM 3.1.
ATTACHMENT 1
2 Goals
• To provide key background information about district- bas
ed elections
• Demonstrate mapping tool
Tonight's Agenda
• Threat of Lawsuit and City Options
• Resolution of Intent
• Timeline Required by Law
• Public Hearings & Community Forums
• Community Outreach
• Community Information
• Mapping Tool Demonstration
Tonight’s Goals & Conversation
ITEM 3.1.
ATTACHMENT 1
3 Threat of Lawsuit & City Options
June 7, 2023 Letter from Attorney
• At-large election system violates the California Voting R
ights Act
• Litigation unless city converts to district-based elections City's Options
• Proceed with the conversion process.
• Do not proceed with the conversion process. Assume the ri
sk of a lawsuit, legal fees, and have the court determine d
istricts
ITEM 3.1.
ATTACHMENT 1
4 July 17, 2023 City Council meeting
• Public Discussion of pot ential transition from at-large to district-based elections
• A R esolution of Intent passed, declaring the City's
intention to work to transition to district-based elections for City Council Members.
Resolution of Intent
ITEM 3.1.
ATTACHMENT 1
5 • California Voting R ights Act provides a “Safe Harbor” provision to local government agencies with at-large
election systems.
• 45 days t o express its intention
• 90 days t o hold at least four public hearings, drawing and publishing of maps, and the sequence of elections
Timeline Required by Law
ITEM 3.1.
ATTACHMENT 1
6 ITEM 3.1.
ATTACHMENT 1
7 Public Hearings & Community Forums
The Law Requires:
At least four public hearings for
the public to provide input.
The City Is:
• Holding five public hearings
and
two community forums for
a total of seven public
meetings
.
• Each o f the seven meetings will
have translators for both Spanish-
and Russian-speaking guests.
ITEM 3.1.
ATTACHMENT 1
8 Community Outreach
Goals
• Broad and targeted
• Meet r esidents where they are
Tactics
• Citywide postcard i n English, Spanish, Russian
• Rancho Cordova News Alerts
• Rancho Cordova News
• City Social Media – F acebook, Instagram, X, Nextdoor • Grapevine article, ad and public hearing notice
• Sac Bee public hearing notice
• Flyers to diverse communities - F CCP, Russian
American Media, Spanish-language businesses, KP,
Viva, Sunrise Indian market, Mi Rancho, Halal Mart
Market, Afghan Supermarket
• Flyers to community partners – CCC, Chamber,
Explorer, CRPD, Children's Museum, FCUSD, SCUSD
ITEM 3.1.
ATTACHMENT 1
9 Cityofranchocordova.org/districts
• One-s top for districting information
• Multiple links from homepage
• Complete information available
• Continuously updating
• Council M eeting agendas, staff reports
and presentations
• Mapping tool and submitted maps
Community Information
ITEM 3.1.
ATTACHMENT 1
10 Mapping Tool: https://drawranchocordova.org/
Mapping Tool Demonstration
ITEM 3.1.
ATTACHMENT 1
Rancho Cordova
Introduction to Districting
August 14, 2023
ITEM 3.1.
ATTACHMENT 2
2 Election Systems
1. “At Large”
2. “From District” or “Residence” Districts
3. “By District”
The California Voting Rights Act
was written to specifically
encourage by-district elections.
August 14, 2023
ITEM 3.1.
ATTACHMENT 2
3 Topics Not Covered in Districting
Term Limits
Council pay
Full- vs Part-time Council
“Strong Mayor” form of government
August 14, 2023
Any of these topics would be a separate
agenda item and adoption process.
ITEM 3.1.
ATTACHMENT 2
4 California Voting Rights Act (CVRA)
Under the Federal Voting Rights Act (passed in 1965), a jurisdiction must fail 4 factual tests before it is in violation of the law. The California VRA makes it significantly easier for plaintiffs to force jurisdictions into “by-district” election systems by eliminating two of the US Supreme Court Gingles tests:
Can the protected class constitute the majority of a district? Does the protected class vote as a bloc?
Do the voters who are not in the protected class vote in a bloc to defeat the preferred candidates of the protected class?
Do the “totality of circumstances” indicate race is a factor in elections? Liability is now determined only by the presence of racially polarized voting August 14, 2023
ITEM 3.1.
ATTACHMENT 2
5 CVRA Impact
Switched (or in the process of switching)
as a result of CVRA:
At least 275 school districts
36 Community College Districts
191 cities
1 County Board of Supervisors
53 water and other special districts.
Palmdale, Santa Clara and Santa Monica fought
“on the merits.” All lost.
Santa Monica and Santa Clara are appealing.
Palmdale spent about $1.8 million, Santa Clara
about $800,000, and Santa Monica between $5
and $8 million, just on their defense.
Santa Monica plaintiffs requested $22 million
No jurisdiction has won a case.
Key settlements:
Palmdale: $4.7 million
Santa Clara: $3.16 million
Modesto: $3 million
Highland: $1.3 million
Anaheim: $1.1 million
Whittier: $1 million
Santa Barbara: $600,000
Tulare Hospital: $500,000
Compton Unified: $200,000
Madera Unified: about $170,000
Hanford Joint Union Schools:
$118,000
Merced City: $42,000
August 14, 2023
ITEM 3.1.
ATTACHMENT 2
6 Districting Process
Step Description
Hearing 1
August 7
Held prior to release of draft maps.
Education and to solicit input on the composition of districts.
Community Forum
August 10
Informal discussion of process, mapping tools, neighborhoods and communities of interest.
Hearing 2
August 14
Held prior to release of draft maps.
Education and to solicit input on the composition of districts.
Initial Map Deadline
August 18
Initial deadline for residents to submit draft maps for Council consideration at the August 29 hearing.
Draft Maps Posted
August 22
All draft maps must be posted on the project website 7 days in advance of the August 29 hearing.
Hearing 3
August 29
First Council consideration of draft maps.
Community Forum
August 30
Informal discussion of draft maps.
Final Map Submission Deadline
September 7
Deadline for residents to submit draft maps for Council consideration at the September 18 hearing.
All Draft Maps Posted
September 11
All draft maps must be posted on the project website 7 days in advance of the September 18 hearing.
Hearing 4 and Map Selection
September 18
Council consideration of draft maps, selection of preferred map and election sequence, and introduction of ordinance adopting the map.
Hearing 5 and Map adoption
October 2
Public hearing followed by second reading of the ordinance adopting the map.
August 14, 2023
ITEM 3.1.
ATTACHMENT 2
7 Equal Population
Federal Voting Rights Act
No Racial Gerrymandering
Respect voters’ choices /
continuity in office
Future population growth
1. Federal Laws 2. California Criteria for
Cities
1. Geographically contiguous
2. Undivided neighborhoods
and “communities of
interest”
(Socio-economic geographic areas
that should be kept together)
3. Easily identifiable
boundaries
4. Compact
(Do not bypass one group of
people to get to a more distant
group of people)
Prohibited: “Shall not favor or
discriminate against a political party.”
3. Other Traditional
Districting Principles
Districting Rules and Goals
August 14, 2023
ITEM 3.1.
ATTACHMENT 2
8 Demographic
Summary
The ideal population is
the total population
divided by the number of
districts:
# Districts Ideal Pop.
5 15,929
6 13,274
7 1
1,378
August 14, 2023
Category Field Total Category Field Total
2020 Census Total Population 79,643 age0-19 28%
Hispanic/Latino 22% age20-60 55%
NH White 45% age60plus 17%
NH Black 11% immigrants 24%
NH Asian/Pac.Isl. 19% naturalized 61%
NH Native Amer. 2% english 65%
Total 51,505 spanish 12%
Hisp 16% asian-lang 9%
NH White 54% other lang 14%
NH Black 13% Language Fluency Speaks Eng. "Less
than Very Well" 16%
Asian/Pac.Isl. 15% hs-grad 61%
Native Amer. 1% bachelor 19%
Total 42,812 graduatedegree 8%
Latino est. 15% Child in Household child-under18 37%
Spanish-Surnamed 14% Pct of Pop. Age 16+ employed 67%
Asian-Surnamed 6% income 0-25k 14%
Filipino-Surnamed 2% income 25-50k 17%
NH White est. 65% income 50-75k 18%
NH Black 11% income 75-200k 44%
Total 33,951 income 200k-plus 7%
Latino est. 13% single family 74%
Spanish-Surnamed 13% multi-family 26%
Asian-Surnamed 6% rented 44%
Filipino-Surnamed 2% owned 56%
NH White est. 66%
NH Black 11%
Total 22,072
Latino est. 12%
Spanish-Surnamed 11%
Asian-Surnamed 5%
Filipino-Surnamed 2%
NH White est. 69%
NH Black est. 11%
Voter Turnout (Nov
2018)
Household Income
Education (among
those age 25+)
Immigration
Language spoken at
home
Total population data from California's adjusted 2020 Census data. Citizen Voting Age Population, Age, Immigration, and other demographic s from the 2017-2021 Americ an Community Survey and Special Tabulation 5-year data. Turnout and
Registration data from California Statewide Database. "Latino" figures c alc ulated by NDC using Census Bureau's Latino undercount by surname estimate.
Total Pop.
Citizen Voting Age
Pop
Housing Stats
Voter Registration
(Nov 2020)
Voter Turnout (Nov
2020)
Age
ITEM 3.1.
ATTACHMENT 2
9 Protected Class Concentrations
August 14, 2023
Asian-Americans are
concentrated around Stone
Creek and Tuscany Parks
and around Anatolia.
Latinos and African-
Americans are not
geographically
concentrated.
ITEM 3.1.
ATTACHMENT 2
10 Defining Neighborhoods
1st Question: What is your neighborhood?
2nd Question: What are its geographic boundaries?
Examples of physical features defining a neighborhood boundary:
Natural neighborhood dividing lines, such as highway or major r
oads, rivers, canals and/or hills
Areas around parks or schools
Other neighborhood landmarks
In
the absence of public testimony, planning records and other similar documents may provide definition.
August 14, 2023
ITEM 3.1.
ATTACHMENT 2
11 Beyond Neighborhoods:
Defining Communities of Interest
1st Question: What defines your community?
Geographic Area, plus
Shared issue or characteristic
Shared social or economic interest
Impacted by city policies
Tell us “your community’s story”
2nd Question: Would this community benefit from being “included within a single district for purposes of its effective and fair representation”? Or would it benefit more from having multiple representatives? Definitions of Communities of Interest may not include relationships with political parties, incumbents, or political candidates.
August 14, 2023
ITEM 3.1.
ATTACHMENT 2
12August 14, 2023
Project Website
DrawRanchoCordova.org
ITEM 3.1.
ATTACHMENT 2
13 Public Mapping and Map Review Tools
Different tools for different purposes
Different tools for different levels of technical skill and interest Simple “review draft maps” tool
Easy-t o -use one-page paper mapping tool
Powerful, data-r ich “Draw a draft map” online tool
Whether you use the powerful online mapping tool, the paper tool, or just draw on a napkin, we welcome your maps!
August 14, 2023
ITEM 3.1.
ATTACHMENT 2
14 Simple Map Review Tool
Online Interactive Review Map
ESRI’s “ArcGIS Online” – s imilar to Google Maps in ease of use Used to review, analyze and compare maps (not to create them) Includes overlays of “community of interest” and other data August 14, 2023
ITEM 3.1.
ATTACHMENT 2
15 Simple Map Drawing Tool
Paper “Public Participation Kit”
For those without internet access or who prefer paper Total Population Counts only – no demographic numbers August 14, 2023
ITEM 3.1.
ATTACHMENT 2
16 Online Map Drawing Tool
Simple “paintbrush & eraser” tool. A 4-minute “how-to” video is on the website. Full demographic data available
Create, collaborate and share your map
Remember: you must send in the link to your map when you finish or the City has no way to know you drew a map!
August 14, 2023
ITEM 3.1.
ATTACHMENT 2
17 Public Hearing & Discussion
Public Hearing Questions:
What is your neighborhood and what are its boundaries? Any preferences on the number of districts and a rotating or citywide-elected Mayor?
Any questions about the mapping tools?
Requested Council Direction:
Direction on the number of districts and a rotating or citywide-elected Mayor.
Last week the Council narrowed the options to 4, 5 or 6. Even numbers of districts have a citywide-elected Mayor; Odd numbers of districts have a rotating Mayor.
August 14, 2023
ITEM 3.1.
ATTACHMENT 2
ITEM 3.1.
ATTACHMENT 3
ITEM 3.1.
ATTACHMENT 3
ITEM 3.1.
ATTACHMENT 3