TO:Andrew P. Powers, City Manager
FROM:Tracy M. Noonan, City Attorney
DATE:May 9, 2023
SUBJECT: Transition to District Elections - Map Criteria Hearing #1 RECOMMENDATION:
1. Receive report from National Demographics Corporation (NDC) on districting process and permissible criteria to be considered should district boundaries be created.
2. Conduct public hearing to receive public input on district boundaries.
3. Find that this action is not a project as defined in the California Environmental Quality Act.
FINANCIAL IMPACT:
No Additional Funding Requested. Minimal staff time to write the report is included in the Adopted FY 2022-23 General Fund Budget.
BACKGROUND:
The City of Thousand Oaks currently uses an "at-large" election system, in which all voters in the City have the opportunity to vote for candidates for all five seats on the City Council. City Council candidates may reside anywhere in the City, and they each provide citywide representation. A district-based election system is one in which the City is physically divided into voting districts, each with one council member who resides in the district and is chosen by the electors residing in that particular district.
On March 15, 2023, the City received a letter alleging the City's at-large method of electing members of City Council violates the California Voting Rights Act (CVRA/the Act). The letter demanded the City transition to district-based elections or face litigation under the CVRA.
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1 At the April 4, 2023, City Council meeting, staff presented a variety of options and issues associated with the CVRA challenge to the City's current at-large method of electing members of City Council. After considering all the information and options presented, City Council voted to initiate the transition to district-based elections, authorizing staff to bring back a resolution declaring City Council's intent to transition to districts pursuant to Elections Code Section 10010(e)(3)(A).
On April 25, 2023, City Council adopted Resolution No. 2023-011 (Attachment #1) initiating the process to transition from an at-large election system to a district- based election system. A key reason that the City is proceeding with district-based elections is the threat of significant litigation under the CVRA. Faced with potentially hundreds of thousands, or even millions, of dollars in legal fees and damages (as some cities have experienced), the City decided to voluntarily proceed with transitioning to district-based elections. This allows the City to retain its own ability to determine and adopt an appropriate district map instead of having the risk of a court doing so.
DISCUSSION/ANALYSIS:
The first step in the transition process is to hold two public hearings to invite public input regarding the composition of the City’s voting districts before any draft maps are drawn. After these two public hearings are complete, the City Council must hold at least two additional public hearings on the map(s) of the districts themselves. The maps must be publicly available for at least seven days before the public hearing, and if a change is made to the map after the first public hearing, the revised map must be available at least seven days before the districts are adopted by ordinance.
The purpose of the first two public hearings is to inform the public about the districting process and to hear from the community on what factors should be taken into consideration when creating voting district boundaries before any maps are drawn. The public is requested to provide input regarding communities of interest and other local factors that should be considered while drafting district maps. A "community of interest" is a neighborhood or group that would benefit from being in the same district because of shared interests, views, or characteristics.
Relationships with political parties, incumbents, or political candidates are not a basis for identifying a community of interest. Possible community features include, but are not limited to:
1. School attendance areas;
2. Natural dividing lines such as major roads, hills, or highways;
3. Areas around parks and other neighborhood landmarks;
4. Common issues, neighborhood activities, or legislative/election concerns; Transition to District Elections - Hearing #1
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1 and
5. Shared demographic characteristics, such as:
a. Similar levels of income, education, or linguistic isolation; b. Languages spoken at home; and
c. Single-family and multi-family housing unit areas.
In creating the district boundaries, the City must ensure compliance with the following State- and federally-mandated criteria:
Federal Criteria for Cities:
1. Each council district shall contain a nearly equal population as required by law; and
2. Each council district shall be drawn in a manner that complies with the Federal Voting Rights Act. No council district shall be drawn with race as the predominant factor in violation of the principles established by the United States Supreme Court in Shaw v. Reno, 509 U.S. 630 (1993), and its progeny.
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; and
4. Compact (do not bypass one group of people to get to a more distant group of people).
Other Traditional Districting Principles:
1. Respect voters' choices / continuity in office; and
2. Future population growth.
Next Steps
At the May 16, 2023, City Council Meeting, the City Council will conduct Public Hearing #2 to seek additional public input and provide direction on criteria to be considered while drafting district maps. Following that hearing, draft district maps and proposed election sequencing will be posted to the dedicated districting website at maptoaks.org and available at City Hall. The first draft maps will be posted no later than June 13, 2023, seven days prior to Public Hearing #3 on June 20, 2023. Revised maps will be posted no later than July 4, 2023, seven days prior to Public Hearing #4 on July 11, 2023. Additional workshops will be held in the community, as detailed on the City’s districting website, including a virtual workshop on May 11, 2023.
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1 Outreach
To engage the community, City staff launched a full marketing campaign. Staff created a dedicated website on the districting process, maptoaks.org, which is currently featured on the City website's home page. Staff has, and will continue to, conduct community outreach via email, print signage, social media, City newsletters, and announcements at City Council Meetings. Public hearing notices are published in the local newspaper: The Ventura County Star. The City also established a specific email address for members of the public wishing to submit feedback via email: [email protected]. Additional outreach efforts will continue throughout the districting process. Staff invites the public to spread the message to friends and neighbors to help inform the process.
COUNCIL GOAL COMPLIANCE:
Meets the following City Council goals:
A. Create a more equitable, accessible, safe, welcoming, and inclusive government and community regardless of race, color, ethnicity, religion, sex, physical or mental ability, sexual orientation, gender identity and expression, age, language, education, and/or socio-economic status.
B. Provide municipal government leadership which is open and responsive to residents, and is characterized by ethical behavior, stability, promoting public trust, transparency, confidence in the future, and cooperative interaction among civic leaders, residents, business representatives, and staff, while recognizing and respecting legitimate differences of opinion on critical issues facing the City.
C. Operate City government in a fiscally and managerially responsible and prudent manner to ensure that the City of Thousand Oaks remains one of California’s most desirable places to live, work, visit, recreate, and raise a family.
SUBMITTED BY: Laura B. Maguire, City Clerk
Attachments:
Attachment #1 – Resolution No. 2023-011 Resolution of Intention CCD:630-20 650-40\lmndc\h:\common\elections\Disrict Elections\March\StaffRpts\050923 Dist Elec 1st PH SR.docx