City of Sacramento
City Council Report
915 I Street, 1st Floor
Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2022-01361 7/26/2022 Discussion Item 22.
Title: Placement of the Redistricting Map Implementation Measure on the November 8, 2022 Ballot and Administrative Approvals Associated with the Measure File ID: 2022-01361
Location: Citywide
Recommendation: 1) Adopt a Resolution giving notice of the placement of a measure on the November 8, 2022 General Municipal Election ballot: Redistricting Map Implementation, 2) adopt a Resolution directing the City Attorney to prepare an impartial analysis, and 3) adopt a Resolution authorizing members of the City Council to author arguments that will be presented to the voters.
Contact: Matthew Ruyak, Assistant City Attorney, (916) 808-5346, [email protected]; Mindy Cuppy, City Clerk, (916) 808-5442, [email protected] Presenter: Susana Alcala Wood, City Attorney, (916) 808-5346, [email protected] Attachments:
1-Description/Analysis
2-Resolution (Submittal of the Measure to the Voters)
3-Exhibit A - Measure Text (Redistricting Map Implementation - clean) 4-Measure Text (Redistricting Map Implementation - redlined) 5-Resolution (Directing the City Attorney to Prepare an Impartial Analysis) 6-Resolution (Authorizing Written Argument Authors)
Description/Analysis
Issue Detail: In December 2021, the Sacramento Independent Redistricting Commission adopted a new council district boundary map, based on the 2020 U.S. decennial census. Due to a substantial increase in the city’s population, as well as the uneven nature of that growth across geographic areas of the city, the map made some significant changes to the council district boundaries.
Those changes precipitated robust discussion about their effects on voters and constituents. In April 2022, the city council discussed those effects and voted on a plan to serve constituencies most affected by the changes. It also directed the preparation of proposed charter amendment to clarify the implementation of new redistricting maps.
City of Sacramento Page 1 of 3
File ID: 2022-01361 7/26/2022 Discussion Item 22.
Ultimately, city redistricting maps serve one core purpose: establishing boundaries for the by-district, from-district councilmember elections. The measure being proposed clarifies, by adding express language to the charter, that core purpose. A new map is effective for the purpose of governing the elections that follow its adoption.
Policy Considerations: Redistricting maps identify council district boundaries. These boundaries identify the geographic areas from which councilmembers are elected.
Neither placement of the measure on the ballot, nor approval by the voters, will have any effect on the active election cycle (i.e., the pending elections for the odd-numbered districts).
Economic Impacts: None.
Environmental Considerations: None.
Sustainability: None.
Commission/Committee Action: None.
Rationale for Recommendation: The purpose of this proposed measure is to clarify the effective implementation of a newly adopted redistricting map in elections that occur after that map’s adoption, by making an amendment to one subsection of Charter section 171, as noted in the redlined text below:
(b) A commission-adopted final map has the force and effect of law . At the first election after adoption of the final map, excluding a special election to fill a vacancy or a recall election, councilmembers shall be elected for each district under the final map that has the same district number as a district whose incumbent’s term is due to expire, and is effective immediately upon adoption, unless on the date of adoption there are less than six months until the next primary city election, in which case the final map shall go into effect after that election and any applicable run-off election.
This new language would clarify how a newly-adopted map gets implemented. That is, the new map is effective as the map identifying boundaries for the next-upcoming election (and, naturally, the election cycles that follow thereafter). This proposed language about implementation is modeled on state legislation. The FAIR MAPS Act, which is codified in the California Elections Code, provides the following, for charter cities that do not otherwise have comprehensive redistricting provisions in their charters:
“(b) At the first election for councilmembers in each city following adoption of the boundaries of council districts, excluding a special election to fill a vacancy or a recall election, a council member shall be elected for each district under the new district plan that has the same district number as a district whose incumbent’s term is due to expire. . . .”
(Elec. Code, § 21626, subd. (b).)
Parallel language is applicable to counties and general-law cites. (See Elec. Code, § § 21506, subd. (b) & 21606, subd. (b).)
If the City Council directs placement of this measure on the November 8, 2022 election, the City Council must direct the City Clerk and City Attorney to complete administrative duties related to the placement of the measure as outlined by the City Code and California elections code.
As provided in California Elections Code section 9280, for any measure approved for placement on the ballot by the City of Sacramento Page 2 of 3
File ID: 2022-01361 7/26/2022 Discussion Item 22.
City Council, the City Council may direct the City Clerk to transmit a copy of the measure to the City Attorney for preparation of an impartial analysis of the measure. The analysis is for the purpose of showing the effects of the measure on existing law and the operation of the measure. The analysis shall be printed in the official Voter Information Guide preceding the arguments and shall not exceed 500 words. The impartial analysis is due in the Office of the City Clerk no later than August 5, 2022 at 4:30 p.m. An impartial analysis will provide both the City of Sacramento and the voters of the city with impartial information regarding the measure.
To secure its position in the selection of ballot arguments for the Sacramento City measures in the event the City Clerk receives more than one argument for or against the measure, the City Council may select who will author and file the ballot argument(s) on the City Council’s behalf. For City Council measures, the City Council, or any councilmember(s) authorized by the City Council, may file a written argument in support of or opposition to a measure. If the City Council, or authorized member(s), do not submit an argument for a City Council measure, any individual voter who is eligible to vote on the measure, or bona fide association of citizens, or any combination of voters and associations, may submit an argument in support of or opposition to any measure.
Up to five authors’ names will be printed with the argument. If the City Council, as a body, chooses to submit an argument, at least one Councilmember should be designated as the author.
If more than one argument is received for a given position, the City Clerk will follow the selection criteria outlined in the Sacramento City Code section 1.16.070, which provides for the following author priority: (a) The City Council, or members authorized by the council; (b) charter officer or officer of department director; (c) individual voters who are eligible to vote on the measure; or (d) a bona fide association of citizens, or combination of voters and associations.
The primary arguments are due in the Office of the City Clerk on August 5, 2022, no later than 4:30 p.m. If arguments are appropriately received, each side will be given the opportunity to provide a written rebuttal. The rebuttal arguments are due in the Office of the City Clerk no later than 4:30 p.m. on August 15, 2022. Both supporting and opposing arguments must be received in order for a rebuttal argument to be submitted.
Financial Considerations: Adoption and implementation of the proposed measure have no financial impact on the city.
The estimated cost for a citywide measure is $28,228.9 and $4,063.81 for each additional page over four in the County Voter Information Guide (if applicable). There are sufficient funds in the elections budget to cover the cost of adding this to the ballot.
Local Business Enterprise (LBE): Not applicable.
City of Sacramento Page 3 of 3
RESOLUTION NO. 2022-XXXX
Adopted by the Sacramento City Council
Calling and Giving Notice of the Submittal to a Ballot Measure Amending the City Charter regarding Redistricting Map Implementation, to be Included in the General Municipal Election of November 8, 2022
BACKGROUND
A. On April 19, 2022 the City Council adopted a resolution (2022-0108) calling for and giving notice of a General Municipal Election to be consolidated with that November 8, 2022 Statewide General Election.
B. The City Council desires to submit the Redistricting Map Implementation measure, attached as Exhibit A, to the voters at the November 8, 2022 General Municipal Election.
BASED ON THE FACTS SET FORTH IN THE BACKGROUND, THE CITY COUNCIL RESOLVES AS FOLLOWS:
SECTION 1: The City Council hereby orders that the following question be submitted to the voters in the City of Sacramento, California on Tuesday, November 8, 2022.
Measure ____ - Redistricting Map Implementation
“Shall the measure amending section 171 to
the City of Sacramento Charter – to state
that at the first election after adoption of a
new redistricting map, councilmembers shall
be elected for each district under the map
that has the same district number as a
district whose incumbent’s term is due to
expire – be adopted?”
YES
NO
SECTION 2 : That the text of the proposed measure to be submitted to the vo ters is attached as Exhibit A.
SECTION 3: The ballots to be used at the election shall be in the form and content as required by law.
SECTION 4: The vote centers for the election shall open at 7:00 a.m. on the day of the election and shall remain open continuously from that time until 8:00 p.m. of the same day when the polls shall be closed, except as provided in sections 4005 and 14401 of the California Elections Code.
SECTION 5: In all particulars not recited in this resolution, the election shall be held and conducted as provided by the law for holding municipal elections.
SECTION 6: Notice of the time and place of holding the election is hereby given and the City Clerk is hereby authorized, instructed and directed to give further or additional notice of the election, in the time, form, and manner required by law.
SECTION 7: The City Clerk shall certify the passage and adoption of this resolution and enter it into the book of original resolutions.
Table of Contents:
Exhibit A Measure (Redistricting Map Implementation)
1157282
Redistricting Map Implementation
(Charter Amendment)
Section 1. Findings and Purpose.
A. Findings.
1. To comply with federal and state law, the City of Sacramento must redraw council district boundaries after each regular decennial United States Census.
2. The City of Sacramento has eight council districts, from which councilmembers are elected for four-year terms, with staggered elections alternating every two years between odd- and even-numbered districts. Thus, a new map effectively has staggered effects on upcoming elections. Recently enacted state legislation (the FAIR MAPS Act) includes language that explains how, for cities that do not have comprehensive charter provisions governing redistricting, a new redistricting map is to be used in the first election after its adoption.
3. It is important for the Sacramento City Charter to clearly identify how new redistricting maps are used for elections that occur thereafter.
Following the language of state law will provide clarity and consistency about the effective date of redistricting maps and their use in forthcoming elections.
B. Purpose.
The purpose of this measure is to clarify the effective implementation of a newly adopted redistricting map in elections that occur after its adoption.
Section 2. Subsection (b) of Section 171 of the Sacramento City Charter is hereby amended to read as follows:
(b) A commission-adopted final map has the force and effect of law.
At the first election after adoption of the final map, excluding a special election to fill a vacancy or a recall election, councilmembers shall be elected for each district under the final map that has the same district number as a district whose incumbent’s term is due to expire, unless on the date of adoption there are less than six months until the next primary city election, in which case the final map shall go into effect after that election and any applicable run-off election.
1157282
Redistricting Map Implementation
(Charter Amendment)
Section 1. Findings and Purpose.
A. Findings.
1. To comply with federal and state law, the City of Sacramento must redraw council district boundaries after each regular decennial United States Census.
2. The City of Sacramento has eight council districts, from which councilmembers are elected for four-year terms, with staggered elections alternating every two years between odd- and even-numbered districts. Thus, a new map effectively has staggered effects on upcoming elections. Recently enacted state legislation (the FAIR MAPS Act) includes language that explains how, for cities that do not have comprehensive charter provisions governing redistricting, a new redistricting map is to be used in the first election after its adoption.
3. It is important for the Sacrament o City Charter to clearly identify how new redistricting maps are used for elections that occur thereafter.
Following the language of state law will provide clarity and consistency about the effective date of redistricting maps and their use in forthcoming elections.
B. Purpose.
The purpose of this measure is to clarify the effective implementation of a newly adopted redistricting map in elections that occur after its adoption.
Section 2. Subsection (b) of Section 171 of t he Sacramento City Charter is hereby amended to read as follows:
(b) A commission-adopted final map has the force and effect of law.
At the first election after adoption of the final map, excluding a special election to fill a vacancy or a recall election, councilmembers shall be elected for each district under the final map that has the same district number as a district whose incumbent’s term is due to expire, and is effective immediately upon adoption, unless on the date of adoption there are less than six months until the next primary city election, in which case the final map shall go into effect after that election and any applicable run- off election.
RESOLUTION NO. 2022-XXXX
Adopted by the Sacramento City Council
[date adopted]
Directing the City Attorney to Prepare an Impartial Analysis of the Redistricting Map Implementation Measure, Approved by the City Council to be Submitted to the Voters at the General Municipal Election to be Held on Tuesday, November 8, 2022
BACKGROUND
A. On July 26, 2022, the City Council adopted a resolution (2022-XXXX) approving for placement on the November 8, 2022, General Municipal Election ballot a measure pertaining to a Redistricting Map Implementation.
B. On July 26, 2022, the City Council approved text of the proposed measure to be submitted to the voters.
C. The City of Sacramento desires to have an impartial analysis of the measure.
BASED ON THE FACTS SET FORTH IN THE BACKGROUND, THE CITY COUNCIL RESOLVES AS FOLLOWS:
Section 1. The City Council hereby directs the City Attorney to prepare an impartial analysis of the issue pertaining to the Redistricting Map Implementation measure. The impartial analysis is not to exceed 500 words, and the City Attorney shall file it with the City Clerk no later Friday, August 5, 2022, by 4:30 p.m. for the November 8, 2022 General Municipal Election.
Section 2. The City Clerk is hereby directed to cause the impartial analysis to be printed in the official sample ballot for the November 8, 2022, General Municipal Election.
Section 3. The City Clerk shall certify the passage and adoption of this resolution and enter it into the book of original resolutions.
RESOLUTION NO. 2022-XXXX
Adopted by the Sacramento City Council
[date adopted]
Authorizing the City Council or Members of the City Council to Submit Written Argument(s) for the Redistricting Map Implementation Measure, Approved by the City Council to be Submitted to the Voters at the General Municipal Election to be Held on Tuesday, November 8, 2022
BACKGROUND
A. On July 26, 2022, the City Council adopted a resolution (2022-XXXX) approving for placement on the November 8, 2022, General Municipal Election ballot a measure pertaining to Redistricting Map Implementation.
B. The City Council desires to submit argument(s) for the measure.
BASED ON THE FACTS SET FORTH IN THE BACKGROUND, THE CITY COUNCIL RESOLVES AS FOLLOWS:
Section 1. The City Council hereby authorizes the following members, on behalf of the City Council, to file a written argument for/support the question pertaining to the Redistricting Map Implementation measure:
Name(s) _______________________
_______________________
_______________________
_______________________
_______________________
Section 2. The City Council hereby authorizes the following members, on behalf of the City Council, to file a written argument against/opposing the question pertaining to the Redistricting Map Implementation measure:
Name(s) _______________________
_______________________
_______________________
_______________________
_______________________
Section 3. The arguments shall be prepared in accordance with the California Elections Code and the Election Official’s printing guidelines available from the City Clerk.
Section 4. The primary arguments are due in the Office of the City Clerk no later than 4:30 p.m. on Friday August 5, 2022. If arguments are appropriately received, each side will be given the opportunity to provide a written rebuttal. The rebuttal arguments are due in the Office of the City Clerk no later than 4:30 p.m. on Monday, August 15, 2022.
Section 5. The City Council hereby directs the City Clerk to certify the passage and adoption of this resolution and enter it into the book of origin.