TO:Andrew P. Powers, City Manager
FROM:Tracy M. Noonan, City Attorney
DATE:July 11, 2023
SUBJECT: Transition to District Elections Hearing #4 - District Boundary Maps and Sequencing of Elections
RECOMMENDATION:
1. Receive report from National Demographics Corporation (NDC) on focus and draft maps proposed to date, process for obtaining public input on draft maps and potential sequencing for district-based elections pursuant to Elections Code Section 10010.
2. Conduct public hearing to receive public input on district boundaries and sequencing of elections.
3. Designate a preferred map and sequence of elections for inclusion in the ordinance.
4. Read ordinance in title only, waive further reading, and if no objection, introduce ordinance to designate the district map and sequence of elections to transition from an at-large election system to a district-based election system.
5. 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 report is included in the Adopted FY 2023-24 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 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
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0 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.
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, 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 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.
On May 9, 2023, and May 16, 2023, City Council conducted the first and second public hearings. During the public hearings, City Council received a presentation by NDC on the mapping process and allowed for public comments to be heard on the transition from at-large to district-based elections for members of City Council.
Additionally, the City held two public workshops; one virtual on May 11, 2023, and one in-person on June 3, 2023.
On June 20, 2023, City Council conducted the third public hearing. During the public hearing, City Council received a presentation by NDC and received input from the public on the draft maps and potential election sequencing. Following public input and City Council’s discussion, City Council narrowed the list of draft maps under consideration from ten to three focus maps (Maps 104, 106B, and 111B). Additionally, the City held two public workshops; one virtual on June 22, 2023, and one in-person on June 24, 2023. The City also hosted a booth on the districting process at the Pop-Up Arts & Music Festival on June 23, 2023.
DISCUSSION/ANALYSIS:
At the June 20, 2023, City Council meeting, City Council kept Map 104 as originally submitted as one of the focus maps. City Council directed the City’s demographer Transition to District Elections Maps & Sequencing
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0 to prepare revised draft district maps from Maps 106 and 111, henceforth referred to as Maps 106B and 111B, as the other two focus maps for City Council consideration. Members of the public have also had the opportunity to submit their own draft district maps and sequence of elections for City Council consideration.
The purpose of this public hearing is to:
1. Receive a report from NDC regarding the focus maps and the newly- submitted, draft district maps;
2. Receive public input on this process; and
3. Select a preferred map and sequence of elections.
The focus and newly-submitted, draft maps and accompanying population and demographic data (Attachment #1) are also available on the project website at maptoaks.org, which is linked on the City’s website.
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.
The deadline for members of the public to submit their draft district maps prior to this meeting was June 27, 2023. Maps were posted to maptoaks.org by July 4, 2023.
At the conclusion of this public hearing, City Council may select a district map and sequence of elections and introduce the ordinance to change to district-based elections (Attachment #2). This public hearing completes the two required public hearings on the draft maps.
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0 Next Steps
The next step in the transition process is the second reading and adoption of the ordinance, which is scheduled for July 18, 2023. However, if City Council makes further changes to the district map, including sequencing, prior to the ordinance introduction, there will need to be an additional public hearing to satisfy the seven- day posting requirement. The City’s 90-day litigation protection deadline is July 24, 2023; therefore, it is imperative to stay on schedule to avoid legal challenge and financial risk.
Community Outreach: To engage the community, City staff launched a full marketing campaign. Staff created a dedicated website on the districting process, which is currently featured on the City website’s home page and at maptoaks.org.
Staff has conducted community outreach via email, print signage, social media, water bill inserts, City newsletters, and announcements at City Council meetings.
Public hearing notices are published in the Ventura County Star. The City also established a specific email address for members of the public wishing to submit feedback via email, which is: [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 them of 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 – Focus and Newly-Submitted Draft Maps
Attachment #2 – Ordinance
CCD:630-20 650-40\lmndccr\h:\common\elections\Disrict Elections\March\StaffRpts\071123 Dist Elec 4th PH SR.docx