Staff Report - Concord

1 Staff ReportDate:January 23, 2018To:City CouncilFrom:Valerie J. Barone, City ManagerReviewed by:Andrea Ouse, Director of Community and Economic DevelopmentPrepared by:Laura Simpson, Planning and Housing Manager 671-3369 Subject:Second Public Hearing to receive input from the community on City Council Districts to be established for district-based elections, including input on criteria for boundaries, the number of districts, and a directly elected mayorReport in BriefOn January 2, 2018, the City Council adopted a resolution of intention to transition from at-large to district-based elections. On January 16, 2018, the City held the first public hearing to receive input on the criteria for drawing the boundaries for district-based elections. Pursuant to California State Elections Code S10010, this is the second of two public hearings to inform the public about the districting process and receive community input on the criteria for drawing the boundaries of the voting districts.

2 Public testimony and Council discussion may also include the number of desired districts and a directly elected mayor. At the conclusion of this hearing, the City Council will provide direction to the City s independent demographer to prepare draft district map alternatives. Up to a total of four (4) draft district map boundary alternatives will be prepared for discussion at the February 6, 2018, public ActionHold the second of two public hearings to receive input on the composition and number of voting districts and to provide direction to Staff and to the City s independent demographer on 1) the number of districts to create; 2) what neighborhoods to keep together, and 3) any legally required or allowed primary criteria to use for boundary selection. 1 of 19 City Council Agenda ReportAgenda Item No. 23, 2018 BackgroundOn January 2, 2018, the City Council adopted a resolution of intention to transition from at-large to district-based elections, in order to conform to the California Voting Rights Act of 2001 (CVRA).

3 The transition to district elections is proposed to be implemented for the 2020 General Election; however, it may be considered to take effect for the 2018 elections, pursuant to the County, if precinct boundaries remain intact within the established districts. Pursuant to Elections Code 10010, the City is required to hold at least two public hearings over a period of no more than 30 days before any map or maps of the boundaries for the proposed voting districts are drawn. This is the second public hearing on district elections for the InputIn addition to the testimony at the public hearings, the City has developed several others ways to allow residents to submit their input on the topic of District Elections. These include:1. Sending an e-mail to Mailing or dropping off Community of Interest forms to the Planning Manager at 1950 Parkside Drive, MS/53, Concord , CA 945193.

4 Providing input through the Community Town Hall, through the link at the City s website at or through the link on the District Elections webpage at webpage on district elections has been created at: All information related to the City s process is on this webpage, including opportunities for when and how the public can contribute to the decision-making process. City Staff also is available to meet with and solicit feedback from interested community groups such as HOAs, businesses or service organizations, faith-based groups, and other community organizations. Any interested groups should e-mail and Staff will set up a briefing. Community of Interest Forms have been designed in English and Spanish to receive input on the topic of District Elections and have been made available at the City s Permit Center, and on the City s website through Community Town Hall.

5 They were also distributed at community meetings and available upon request. A summary of the on-line responses in Community Town Hall will be presented at the January 23rd public 2 of 19 City Council Agenda ReportAgenda Item No. 23, 2018A community meeting was held on January 18, 2018, at Monument Crisis Center in the Monument community. A summary of the meeting will be presented at the January 23rd City Council public meetings have been requested and will be held at the Chamber of Commerce Government Affairs Committee meeting on February 13th, and at the Dana Estates Neighborhood Alliance meeting on February 26th. All input received at these meetings will be shared with the Council and the public at a public HearingsOn January 16th, the first City Council public hearing was held to receive input on the criteria for establishing Council District boundaries, and on the number of districts.

6 At that meeting, eighteen people provided public testimony: Several speakers spoke in opposition to transitioning to district elections. The majority of the speakers were in support of establishing five Council districts and having these become effective in the 2018 November election. The majority indicated that they supported a mayoral rotation rather than a mayor elected at-large. Several speakers indicated that the question of an at-large mayor should be voted on by the residents of Concord and was an issue separate from the district boundaries. A few speakers supported more than five districts, such as seven districts as in the City of Richmond. Several members of the public indicated that the effect of districts on incumbents should not be a criterion for consideration. Several members of the public spoke in support of keeping the Monument community as a community of interest.

7 Several members supported including renters in higher density residential areas as a community of interest. One speaker indicated that the two BART stations should be in separate election indicated that they were pleased to receive the input at the meeting and encouraged continuing input from the community on criteria to establish the boundaries. Two Councilmembers expressed interest in transitioning in the 2018 election if possible. Councilmember Leone mentioned that several general law cities have directly elected mayors. The complete list of cities with directly elected mayors in the 9 Bay Area Page 3 of 19 City Council Agenda ReportAgenda Item No. 23, 2018counties includes: American Canyon, Antioch, Benicia, Brentwood, Calistoga, Dixon, Fremont, Martinez, Milpitas, Rio Vista, St. Helena, Suisun City, Vacaville and Yountville. AnalysisThe legally required criteria that apply to the creation of the districts are: Each council district shall contain nearly equal population, with any deviations justified by other traditional redistricting criteria.

8 A districting plan shall be drawn in a manner that complies with the state and federal Constitutions, the Federal Voting Rights Act, and state law, including the California Voting Rights Act; Each council district shall not be drawn with race as the predominant factor in violation of the principles established by the United States Supreme Court in Shaw v. Reno, 509 630 (1993). Each council district shall be contiguous, meaning that there are no islands or parts of the district that are not attached to the may also consider other criteria such as: Compactness of districts, including their shape and appearance. Keeping communities of interest, such as neighborhoods, school district boundaries, etc., undivided by a district boundary, to the extent feasible. Respecting visible natural and man-made geographical and topographical features when drawing district boundaries, as much as possible.

9 Avoiding head-to head contests between incumbent Council members, insofar as this does not conflict with federal or state law. Identifying changes to the housing stock, including areas of population growth since 2010, provided that population in each district is calculated using the 2010 census. Including public facilities in each district, to the extent feasible. Including commercial interests in each district, to the extent feasible. Although not required by state law, Contra Costa County has requested that the City s districts follow existing precinct boundaries where feasible to facilitate the County s ability to conduct elections. The City s independent demographer must satisfy all legally required criteria and will then apply all City directed criteria. Because there are always trade-offs between criteria when drawing maps, it is helpful if Council provides clear direction and priority to Page 4 of 19 City Council Agenda ReportAgenda Item No.

10 23, 2018all optional criteria. The City s demographer will produce up to four (4) alternative maps total for consideration by the public and Council at the next public meeting. Next StepsCouncil will provide direction to Staff and the independent demographer on the criteria and number of districts in order to establish several sets of draft maps for district boundaries. If the request is for 4 districts plus an at-large mayor, and 5 districts, two draft map alternatives will be created for each scenario. If only one scenario is chosen, our (4) draft map alternatives will be prepared for that draft map alternatives will be published and posted on the City s district elections webpage on January 30th. The public will then be able to provide input and comment on the draft maps through e-mail, Community Town Hall, and at public hearings on February 6th and February 27th.