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HomeMy WebLinkAboutD-1 Staff Report - Public Hearing No. 2 - CVRA By-District ElectionSCHEDULED ITEM D-1 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL VIA: SERGIO GONZALEZ, CITY MANAGER FROM: MARCO A. MARTINEZ, CITY ATTORNEY DATE: DECEMBER 4, 2023 SUBJECT: PUBLIC HEARING NO. 2 – CONTINUED DISCUSSION OF TRANSITION TO BY-DISTRICT ELECTIONS IN COMPLIANCE WITH THE CALIFORNIA VOTING RIGHTS ACT. BACKGROUND: The California Voting Rights Act (“CVRA”) became law in 2003. It provides instructions for transitioning a jurisdiction from an at-large election system to a different system - typically a by- district or by-division election system. On March 28, 2022, the City Council adopted Resolution No. 2022-C26, declaring its intention to transition from its current at-large electoral system to a by-district electoral system. On November 6, 2023, the City Council conducted the first of four (4) required hearings to receive public input on the transition. At that hearing, the City Council received public input and discussed the various demographic and map options they wished staff and the City’s consultant demographer to study. That analysis has started. The hearing tonight represents the second in the series of hearings required by the CVRA to accept additional comments with the goal of having the district maps adopted in time for the November, 2024 General Municipal Election. RECOMMENDATIONS: Staff recommends that the City Council take the following actions: 1) Conduct the second required public hearing to receive and consider any public input; and 2) Provide further direction to City staff. Approved City Council December 4, 2023 Introductory Public Hearing to Consider Composition of Voting Districts for By-District Elections December 4, 2023 Page 2 ANALYSIS: As described previously, the following milestones are required under the CVRA: Procedure to Transition to By-District Elections The CVRA requires the City to follow certain procedural steps in order to transition to a different voting system. The steps include: 1. Adoption of Resolution of Intention. To start the process, the City Council adopts a resolution outlining its intent to transition from an at-large to a district-based election and discussing the steps it will undertake to facilitate the transition. As noted above, the Council adopted such a Resolution on March 28, 2022. 2. Public Hearing Prior to Drawing of District Map. Before adopting district-based maps for future elections, the City must first prepare a draft map or maps. However, before drawing a map, the City must hold at least two (2) public hearings over a period of no more than 30 days. The public must be invited to provide input regarding the districts’ composition. This hearing satisfies the second of the “pre-map” of the hearing requirements. 3. Preparation of Map(s). After the city has held two (2) public hearings, it may direct the preparation of one or more electoral (district) maps. Each district must be as nearly equal in population, using the data from the most recent census. The districts must also be prepared in compliance with specific State and federal requirements, including consideration of communities of interest and natural geographic boundaries. The composition of each district must be developed carefully to ensure that minority votes are not diluted. Dilution may occur through “cracking,” which occurs when the minority community is fragmented across several districts to prevent the minority community from winning enough seats to gain a majority. Dilution may also occur through “packing,” which occurs when a minority community is concentrated into one or two districts where their votes would cause preferred candidates to win by an overwhelming majority. 4. Timing and Sequence of Elections. During one of the hearings, the Council would also need to establish the timing and sequence of district elections. The change to district boundaries cannot not affect the terms of any incumbents. Following the first district-based election in November, 2024, the Council would be comprised of approximately half of its members elected by a district and approximately half of its members elected City-wide. The remaining at-large members would transition to by-district seats in November, 2026. 5. Public Hearings for Map Consideration. After the draft map(s) have been prepared, the City must publish and make them available to the public. The City must also show the staggered terms of office and the potential sequence of the Introductory Public Hearing to Consider Composition of Voting Districts for By-District Elections December 4, 2023 Page 3 elections. The Council must hold at least two additional public hearings over a period of no more than 45 days during which the public will be invited to provide input regarding the draft map(s) and sequence of elections. The first draft map must be published at least seven (7) days before it is considered at a public hearing. If the map is revised at or during a hearing, it must be published again and made available to the public for at least seven (7) days before being adopted. 6. Map Adoption. The Council, after selecting a map and choosing the timing and sequence of the election, would then adopt an ordinance providing for district elections, approve the map, and begin implementing by-district elections. For Azusa, the first by-district election will occur at the November 2024 General Municipal Election. Tonight’s Actions At the November 6, 2023 hearing, the Council requested that staff and the City’s consultant demographer prepare two (2) map options showing five (5) electoral districts and two (2) map options showing four (4) electoral districts with an at-large mayor position (Four (4) total map options). The Council may wish to provide any additional direction concerning the preparation of these maps or any other relevant issues. We expect that the demographic information and map options to be completed in time for the City Council to conduct its next hearing on the matter on Tuesday, January 16, 2024. At that time, the Council will review the tentative map options. Public Engagement To increase public awareness of the transition to district elections, the City will use a variety of public communication channels to engage members of the community. Districting information will continue to be featured on the City’s website at the following web address: https://azusaca.gov/2028/Districting-Establishing-2024-Voter-Dist. The City’s website will be populated with information about how the public can participate and also provide answers to frequently asked district questions. In addition, an online mapping tool will be released for the public’s use on Tuesday, December 5th. Members of the public will be able to use the online mapping tool to create their own maps, and submit them for demographic evaluation and consideration by the City Council. A member of the City’s demographic team will demonstrate use of the online tool at tonight’s hearing. FISCAL IMPACT: No additional costs are connected to this step of the CVRA districting endeavor. Prepared by: Reviewed by: Marco A. Martinez Adrian Garcia, MMC City Attorney Chief Deputy City Clerk Fiscal Review by: Reviewed and Approved by: Talika M. Johnson Sergio Gonzalez Director of Administrative Services City Manager