CC 2021-08-10_09a District Based Election System_Hearing 2
MEMORANDUM
TO: CITY COUNCIL
FROM: JESSICA MATSON, LEGISLATIVE & INFORMATION SERVICES
DIRECTOR/CITY CLERK
TIMOTHY J. CARMEL, CITY ATTORNEY
SUBJECT: PUBLIC HEARING TO RECEIVE INPUT FROM THE COMMUNITY
REGARDING THE ESTABLISHMENT OF A DISTRICT-BASED
ELECTION SYSTEM
DATE: AUGUST 10, 2021
SUMMARY OF ACTION:
Presentation regarding the establishment of a district-based election system and public
hearing to receive community input on neighborhoods and communities of interest. This
public hearing is the second of at least four (4) hearings that will be conducted to complete
the process to establish district-based elections in the City.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
There is no financial impact for conducting the public hearing and receiving input.
Significant personnel resources will be required to implement a comprehensive districting
outreach plan. Implementing many of the strategies of the outreach plan would start at a
cost of approximately $10,000. Staff are still obtaining quotes on various outreach
methods.
RECOMMENDATION:
It is recommended the Council 1) Receive a report from the consultant and staff on the
districting process and permissible criteria to be considered to create district boundaries;
2) Conduct a public hearing to receive input on neighborhoods and communities of
interest; and 3) Receive a report and provide direction to staff regarding a districting
outreach plan.
BACKGROUND:
On October 2, 2019, the City received a Notice of Violation (‘NOV”) of the California Voting
Rights Act (“CVRA”) and accompanying documentation from attorney Robert Goodman
on behalf of his client, Maria Minicucci. The NOV alleged that the City’s use of an at-large
election system created racially polarized voting in violation of the CVRA. The vast
majority of cities and other agencies that have received such threats of litigation have
changed their voting system to a district-based system because the cost of resisting such
a change is extremely high and, based on California case law, there is a very low
Item 9.a. - Page 1
CITY COUNCIL
PUBLIC HEARING TO RECEIVE INPUT FROM THE COMMUNITY REGARDING THE
ESTABLISHMENT OF A DISTRICT-BASED ELECTION SYSTEM
AUGUST 10, 2021
PAGE 2
threshold to show that a CVRA violation exists, making it easy for a plaintiff to prevail. A
prevailing plaintiff is entitled to recover their attorney fees.
In 2016, the State legislature adopted AB 350, which amended Elections Code Section
10010 and created a “safe harbor” process for agencies that have received a threat of
litigation under the CVRA. That statute has detailed procedures that must be followed to
initiate and then change to a district-based election system, and caps attorney fees and
demographic costs that a plaintiff threatening litigation can recover at $30,000, adjusted
annually for inflation. The process under AB 350 also contains very tight time frames to
accomplish the required tasks to change from an at-large to a district-based system.
On October 22, 2019, the City Council adopted a Resolution (Attachment 1) declaring its
intent to transition from at-large to district-based elections by November 8, 2022 and
authorized entering into a settlement agreement with Ms. Minicucci.
Elections Code Section 10010 provides that, before any map or maps of the
boundaries for the proposed districts are drawn, the City must conduct two (2) public
hearings over a period of no more than thirty (30) days, at which time the public is
invited to provide input regarding the composition of said districts.
The City is working with demographer, National Demographics Corporation (NDC),
to assist the City in the districting process. The City has also initiated outreach efforts
to inform the public about district elections and the process associated with developing
the Council election districts. The Public Hearing Notice for this hearing was published
in the Tribune and a district elections page is available on the City’s website at
www.arroyogrande.org with information about the districting process, mapping tools, and
how the public can be involved. A comprehensive districting outreach plan is included
with this report in Attachment 5.
This hearing is the second of four required public hearings the City must hold prior to
adopting Council district maps to begin transitioning to district-based elections. The first
public hearing was conducted on July 27, 2021, to provide a general overview of the
districting process, receive initial public input on district boundaries, and approve the
timeline for developing and approving a Council district map. The purpose of this second
public hearing is to further inform the public and Council about the districting process,
receive continued input from the public and Council on a list of neighborhoods and
communities of interest or other local factors to consider in the district map-drawing
process, and receive an update and provide direction to staff on a districting outreach
plan.
Item 9.a. - Page 2
CITY COUNCIL
PUBLIC HEARING TO RECEIVE INPUT FROM THE COMMUNITY REGARDING THE
ESTABLISHMENT OF A DISTRICT-BASED ELECTION SYSTEM
AUGUST 10, 2021
PAGE 3
ANALYSIS OF ISSUES:
Districting Criteria
A number of federal and State statutes and Court decisions dictate the process and
considerations that the City must use to create voting districts (Attachment 2). Voting
districts must comply with the following requirements:
• Each district shall contain a nearly equal population.
• Each district shall be drawn in a manner that complies with the US Constitution,
California Constitution, Federal Voting Rights Act, and California Voting Rights Act.
• Each district shall not be drawn with race as the predominate factor in violation
of the principles established by the U.S. Supreme Court in Shaw v. Reno, 509
U.S. 630 (1993), and its progeny.
Additionally, pursuant to Elections Code Section 21601, the Council must adopt district
boundaries using the following criteria as set forth in the following order of priority:
1. To the extent practicable, districts shall be geographically contiguous. Areas
that meet only at the points of adjoining corners are not contiguous.
2. To the extent practicable, the geographic integrity of any local neighborhood or
local community of interest shall be respected in a manner that minimizes its
division. A “community of interest” is a population that shares common social
or economic interests that should be included within a single district for
purposes of its effective and fair representation. Communities of interest do not
include relationships with political parties, incumbents, or political candidates.
3. District boundaries should be easily identifiable and understandable by
residents. To the extent practicable, districts shall be bounded by natural and
artificial barriers, by streets, or by the boundaries of the city.
4. To the extent practicable, and where it does not conflict with the preceding
criteria, districts shall be drawn to encourage geographical compactness in a
manner that nearby areas of population are not bypassed in favor of more
distant populations.
Lastly, the Council may not adopt district boundaries for the purpose of favoring or
discriminating against a political party.
Input from the Public and Council
Input is requested from the public and Council regarding the neighborhoods and
communities of interest and other local factors that should be considered while drafting
district maps. A community of interest is defined as a neighborhood or group that would
Item 9.a. - Page 3
CITY COUNCIL
PUBLIC HEARING TO RECEIVE INPUT FROM THE COMMUNITY REGARDING THE
ESTABLISHMENT OF A DISTRICT-BASED ELECTION SYSTEM
AUGUST 10, 2021
PAGE 4
benefit from being in the same district because of shared interests, views, or
characteristics. Possible community features include, but are not limited to:
A. School attendance areas;
B. Natural dividing lines such as major roads, hills, or highways;
C. Areas around parks and other neighborhood landmarks;
D. Common issues, neighborhood activities, or legislative/election concerns; and
E. Shared demographic characteristics, such as:
(1) Similar levels of income, education, or linguistic insolation;
(2) Languages spoken at home;
(3) Single-family and multi-family housing unit areas; and
(4) Rental and non-rental housing; and
F. Similar levels of income and education
Examples of identifiable neighborhoods or communities of interest in Arroyo Grande may
include: residential subdivisions such as Berry Gardens, Rancho Grande, and Wildwood
Ranch; identifiable neighborhoods such as the “tree streets” area between Elm Street
and Arroyo Grande Creek and south of Grand Avenue, and the Hillcrest neighborhood
south of Highway 101 and west of Ocean View Elementary School; specific plan areas
such as the East Cherry Avenue Specific Plan; commercial, mixed-use, or historical areas
such as the Village or the Five Cities Center; areas with multi-family housing units as
identified in the mapping tools provided by NDC; and school attendance boundaries for
elementary or middle school students within the Lucia Mar Unified School District.
The feedback provided by the public and Council on the neighborhoods, communities of
interests, and other local factors will inform the work of staff and demographic consultants
in drafting potential district boundaries for the Council’s review and approval in early 2022.
Timeline and Public Participation
Attachment 4 shows the timeline of public hearings presented at the first public hearing
on July 27th. The third required public hearing will be held at the City Council meeting on
February 22, 2022. Additionally, at least two public workshops will be held, one in
September and a second in late October, before and after the 2020 US Census data is
available from the State.
Staff will continue adding information and materials to the City’s districting webpage,
including how members of the public can submit their own maps for the Council’s
consideration. The public will be able to submit paper maps as well as electronic maps
using an online mapping tool (a paper map template is shown in Attachment 3). Following
the release of Census data for California anticipated in October, staff will work with NDC
on developing draft maps which will be posted to the City’s website along with maps
submitted by the public. The fourth public hearing will be scheduled for the City Council
meeting on March 8, 2022, where the Council will be requested to select a preferred map
and introduce an ordinance to formally adopt the map. Adoption of the final map will need
Item 9.a. - Page 4
CITY COUNCIL
PUBLIC HEARING TO RECEIVE INPUT FROM THE COMMUNITY REGARDING THE
ESTABLISHMENT OF A DISTRICT-BASED ELECTION SYSTEM
AUGUST 10, 2021
PAGE 5
to occur by April 17, 2022, in order for staff and NDC to be able to work with the County
Elections Office to ensure that the district maps are integrated into the countywide voting
system. Adoption of the final map ordinance is scheduled for March 22, 2022.
Proposed Public Outreach Initiatives
Staff recognizes the need for extensive outreach efforts in order to engage the public in
the districting process while also identifying the most efficient and effective strategies to
reach the public with current staffing resources. A comprehensive outreach plan is
included as Attachment 5. The Plan identifies outreach strategies that can be managed
in-house as well as strategies that may require assistance from outside resources. It is
anticipated that much of this outreach can be completed by City staff. Staff proposes
implementing all of the items listed in Attachment 5, with the exception of creation of a
video, which would require resources outside of the City and its existing consultants.
Additional support from volunteers at local events would also be required to support
implementation of information booths.
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1. 1) Receive a report from NDC and staff on the districting process, permissible
criteria to be considered to create district boundaries, and explaining the
mapping tools available to the public; 2) Conduct a public hearing to receive
input from the public and Council on neighborhoods and communities of interest;
and 3) Receive a report and provide direction to staff on a districting outreach
plan; or
2. Provide other direction to staff.
ADVANTAGES:
Approving the recommendation will allow staff to continue the process towards
establishing district-based elections and engage with the public.
DISADVANTAGES:
No disadvantages have been identified.
ENVIRONMENTAL REVIEW:
No environmental review is required for this item.
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted at City Hall and on the City’s website in accordance with
Government Code Section 54954.2.
Attachments:
1. Resolution No. 4949
2. Excerpt from July 27th Public Hearing Presentation
Item 9.a. - Page 5
CITY COUNCIL
PUBLIC HEARING TO RECEIVE INPUT FROM THE COMMUNITY REGARDING THE
ESTABLISHMENT OF A DISTRICT-BASED ELECTION SYSTEM
AUGUST 10, 2021
PAGE 6
3. Paper Map Template
4. Districting Timeline
5. Proposed Districting Outreach Plan
Item 9.a. - Page 6
Attachment 1
Item 9.a. - Page 7
Item 9.a. - Page 8
Item 9.a. - Page 9
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6Districting Rules and GoalsJuly 27, 2021Equal PopulationFederal VotingRights ActNo RacialGerrymandering1. Federal Laws2. California Criteria forCities1.Geographically contiguous2.Undivided neighborhoodsand “communities ofinterest”(Socio-economic geographic areas thatshould be kept together)3.Easily identifiableboundaries4.Compact(Do not bypass one group of peopleto get to a more distant group ofpeople)Prohibited:“Shall not favor or discriminate against a political party.”3. Other Traditional DistrictingPrinciplesRespect voters’ choices /continuity in officeFuture population growthAttachment 2Item 9.a. - Page 11
7Defining Neighborhoods1stQuestion: what is your neighborhood?2ndQuestion: what are its geographic boundaries?Examples of physical features defining a neighborhood boundary:Natural neighborhood dividing lines, such as highway or major roads, rivers, canals and/or hillsAreas around parks or schoolsOther neighborhood landmarksIn the absence of public testimony, planning records and other similar documents may provide definition.July 27, 2021Item 9.a. - Page 12
8Beyond Neighborhoods:Defining Communities of Interest1stQuestion: what defines your community?Geographic Area, plusShared issue or characteristicShared social or economic interestImpacted by city policiesTell us “your community’s story”2ndQuestion: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?July 27, 2021Definitions of Communities of Interest may not include relationships with political parties, incumbents, or political candidates.Item 9.a. - Page 13
9Demographic SummaryJuly 27, 2021Estimates using official 2020 demographic data and NDC’s estimated total population figures. Each of the 4 districts must contain about 4,500 people.Check out the Arroyo Grande Story Mapfor maps of some of this demographic data.Category Field Count Pct CategoryField Count Pct2020 Est. Tot. Pop. 18,132Total 14,084age0-19 3,931 22%Hisp 1,807 13%age20-60 8,866 49%NH White 11,160 79%age60plus 5,335 29%NH Black 167 1%immigrants 1,538 8%Asian/Pac.Isl. 708 5%naturalized 993 65%Total 13,222english 15,142 88%Latino est. 1,601 12%spanish 1,026 6%Spanish-Surnamed 1,438 11%asian-lang 413 2%Asian-Surnamed 302 2%other lang 682 4%Filipino-Surnamed 161 1% Language FluencySpeaks Eng. "Less than Very Well"726 4%NH White est. 10,985 83%hs-grad 6,245 48%NH Black 143 1%bachelor 2,860 22%Total 11,756graduatedegree 1,709 13%Latino est. 1,314 11% Child in Household child-under18 1,795 25%Spanish-Surnamed 1,180 10%Pct of Pop. Age 16+employed 8,762 58%Asian-Surnamed 267 2%income 0-25k 1,011 14%Filipino-Surnamed 141 1%income 25-50k 1,098 15%NH White est. 9,881 84%income 50-75k 1,165 16%NH Black 127 1%income 75-200k 3,282 46%Total 9,150income 200k-plus 539 8%Latino est. 847 9%single family 6,499 84%Spanish-Surnamed 761 8%multi-family 1,266 16%Asian-Surnamed 189 2%rented 2,338 33%Filipino-Surnamed 98 1%owned 4,757 67%NH White est. 8,008 88%NH Black est. 95 1%Surname-based Voter Registration and Turnout data from the California Statewide Database. Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Population Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Population, Age, Immigration, and other demographics from the 2015-2019 American Community Survey and Special Tabulation 5-year data. 2020 Est. Tot. Pop calculated by NDC starting from 2010 Census counts and adding in ACS-identified population growth, then subtracting out state prison populations.Housing StatsHousehold IncomeEducation (among those age 25+)ImmigrationCitizen Voting Age PopAgeVoter Registration (Nov 2020)Voter Turnout (Nov 2020)Voter Turnout (Nov 2018)Arroyo GrandeLanguage spoken at homeItem 9.a. - Page 14
Attachment 3
Item 9.a. - Page 15
Updated 8/5/21
Date Time Location Meeting Type
July 27,
2021
6:00 PM Council
Chambers /
Virtual
Public Hearing 1
Held prior to release of draft maps. Receive
input on composition of districts.
August 10,
2021
6:00 PM Council
Chambers /
Virtual
Public Hearing 2
Held prior to release of draft maps. Receive
input on composition of districts.
Census Data Release
August 16, 2021
Census Bureau releases official 2020 Census
population data.
September
TBD
TBD Council
Chambers /
Virtual
Public Workshop 1
California Data Release
Early October 2021
California Statewide Database releases
California’s official ‘prisoner-adjusted’ 2020
population data.
October
TBD
TBD Council
Chambers /
Virtual
Public Workshop 2
Release Draft Maps Must be posted 7 days prior to Public Hearing 3.
February 22,
2022
6:00 PM Council
Chambers /
Virtual
Public Hearing 3
Discuss and revise the draft maps and discuss
election sequence.
March 8,
2022
6:00 PM Council
Chambers /
Virtual
Public Hearing 4
Discuss draft maps and election sequence. Final
map selection and introduce ordinance.
March 22,
2022
6:00 PM Council
Chambers
Map adopted by ordinance
Adoption deadline: April 17, 2022
*This calendar will be updated with workshop dates as they are scheduled
Attachment 4
Item 9.a. - Page 16
Arroyo Grande Districting Outreach Plan
Updated 8/5/21
Activity Media/Location Description Run Date(s) Cost Staffing
Flyers/Graphics Print/Online
Create project flyers and
infographics for use online, at
community meetings, in articles,
etc.
TBD Legislative & Information Services
Department and/or Volunteers
Video Online
Create video with information
regarding the process and how to
use mapping tools
TBD Outside resources such as
volunteers and/or consultants
Webpage Online- City
Website
District elections webpage on City
website with mapping tools and
information
Ongoing - November
2022 $0
Spotlight Online- City
Website
Spotlight on homepage of City
website pointing to districting
webpage
Ongoing - November
2022 $0
Twitter Posts Online - Social
Media
Facebook Posts Online - Social
Media
Instagram Posts Online - Social
Media
Peach Jar Email Email information and paper
mapping tools to LMUSD families
By 8/31/21
By 10/15/21
Early Winter
$450 total
Legislative & Information Services
and Recreation Services
Departments
City News
Subscribers Email Email blast regarding upcoming
workshops, etc.
Ongoing - November
2022 $0 Legislative & Information Services
Department
Mailers Print Postcard to all residences with
website, workshops, and other info.By 8/31/21 $1,700 Legislative & Information Services
Department
Preparation
Online
Print/Email
Regular updates on City social
media channels with information
on the process, workshops, public
hearings, etc.
Ongoing - November
2022 $0
Legislative & Information Services
Department
Attachment 5
Item 9.a. - Page 17
Arroyo Grande Districting Outreach Plan
Updated 8/5/21
Activity Media/Location Description Run Date(s) Cost Staffing
Bill Stuffer Print Information and paper mapping
tools in water bills Sept/Oct Bills $540
Legislative & Information Services
and Administrative Services
Departments
Press Releases Newspapers, TV
and social media
Press releases regarding workshops
and public hearings
TBD: 1 week prior to
event $0 Legislative & Information Services
Department
Newspaper Ads Tribune/New Times Ads with public workshop
information
TBD/in conjunction
with press release TBD Legislative & Information Services
Department
Workshop 1 Council
Chamber/Virtual
Workshop to explain the process
and go over mapping tools; assist
public with drawing of maps
Mid-September
Additional
Consultant
Fee $2,750
Legislative & Information Services
Department and Current
Consultant
Workshop 2 Council
Chamber/Virtual
Workshop to explain the process
and go over mapping tools; assist
public with drawing of maps
Late-October
Additional
Consultant
Fee $2,750
Legislative & Information Services
Department and Current
Consultant
Public Hearing 3 Council
Chamber/Virtual
Third required public hearing to
discuss and revise the draft maps
and discuss election sequence
February 22, 2022
Legislative & Information Services
Department and Current
Consultant
Public Hearing 4 Council
Chamber/Virtual
Fourth required public hearing to
discuss draft maps and election
sequence. Final map selection and
introduce ordinance.
March 8, 2022
Legislative & Information Services
Department and Current
Consultant
Farmer's Market At least 1x/month
Summer Concerts 2x/month thru Sept
Harvest Festival Sept 24-25, 2021
Media
Community
Informational
Booths
Informational booth to hand out
information, maps, and answer
questions
Outside resources such as
volunteers and available staff
Minimal -
booth
supplies
Item 9.a. - Page 18
Arroyo Grande Districting Outreach Plan
Updated 8/5/21
Activity Media/Location Description Run Date(s) Cost Staffing
Presentations Service Groups
City Manager presentations at
Service Groups, Chamber of
Commerce, etc.
TBD beginning August $0 City Manager/Designated Staff
Sign Board Outside City Hall Informational sign board with
website address, etc.By 8/31/21 TBD Legislative & Information Services
Department
Other
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