Honorable Mayor and City Council Attention - Granicus

Agenda Item No. 8A June 12, 2018 TO:

Honorable Mayor and City Council Attention: Jeremy Craig, City Manager

FROM:

Melinda C. H. Stewart, City Attorney Michelle Thornbrugh, City Clerk (Staff Contact: Melinda Stewart (707) 449-5105)

SUBJECT:

SECOND PUBLIC HEARING TO RECEIVE INPUT FROM THE COMMUNITY ON CITY COUNCIL DISTRICTS TO BE ESTABLISHED FOR DISTRICTBASED ELECTIONS, INCLUDING INPUT ON CRITERIA FOR BOUNDARIES, THE NUMBER OF DISTRICTS, AND A DIRECTLY-ELECTED MAYOR

DISCUSSION: Background: On May 8, 2018, the City Council adopted Resolution No. 2018-043, declaring its intention to transition from at-large to district-based City Council Member elections beginning with the General Election in 2020. The law requires that following adoption of a resolution of intent, the City conduct 4 public hearings seeking public testimony throughout the boundary drawing process – 2 public hearings before boundary maps are drawn, and 2 public hearings after boundary maps are drawn. On May 22, 2018, the City Council conducted the first of the public hearings to inform the public about the districting process and receive community input on the criteria for drawing the voting district boundaries. This is the second of the 4 public hearings prior to the City’s independent demographer drafting district map boundary alternatives. At the conclusion of this hearing, the City Council will provide direction to the demographer to guide the preparation of draft district map alternatives. The demographer will draw at least 3 draft boundary maps, but could draw more depending upon the variations the City Council would like to consider. The demographer will be seeking specific direction on the number of desired districts (which includes whether to maintain a directly-elected Mayor or transition to a system where the Mayor is chosen from the elected Council Members), the priority of criteria for boundary creation, and what communities of interest to keep together. Public Hearing and Community Input: On May 22, 2018, the City Council held the first public hearing to receive input on the criteria for establishing Council district boundaries. At the meeting 14 people provided public testimony:

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Several speakers spoke in favor of transitioning to district elections.

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Many spoke in favor of excluding the California State Prison – Solano and California Medical Facility inmates from the total population count for districting purposes. 1

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Many spoke in favor of considering more than 4 or 5 districts.

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Several speakers voiced concerns about the impact of new growth areas that were not included in the 2010 census, and inquired about how the City could account for the increased population in those areas when forming districts.

See Responses to Public Questions – Attachment 1

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Various speakers requested that the Markham Heights area, Rocky Hill, Brown Street, residents in census blocks 1347 and 1447, and predominantly Latino communities, be kept together as a community of interest.

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One speaker suggested that each district share a corner of the Downtown area.

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A recommendation was made to consider school attendance boundaries.

Suggestions regarding future public outreach were also made by the public and City Council Members, including having dedicated City staff to address questions and comments from the public, and hosting meetings in a less formal setting to encourage participation from people that may not be able to attend the City Council meetings or who are not comfortable in the formal meeting environment. At the conclusion of the May 22nd meeting, based on testimony from the public, concerns about vote dilution, and other factors, the City Council provided preliminary direction to the demographer not to include the population of the State Prison and State Medical Facility institutions in the population count for districting purposes. 2 Public Outreach and Community Input: In addition to the testimony at the public hearings, City staff continues to engage in a public outreach campaign to encourage and obtain feedback and input by: •

Continuing to update the district elections webpage www.cityofvacaville.com/districtelections, which includes Information related to the City’s boundary drawing and transition process.

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Preparing and distributing a second flyer and a Community of Interest form (Attachment 2) in English and Spanish about the transition process and the public hearing dates, encouraging people to attend the meetings and seeking public input and participation.

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Posting information to the City’s social media platforms – Facebook and Twitter.

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Reserving a booth at the June 9th Farmers Market to provide information, answer questions, and seek community input. City staff will also be at the Farmers Market on June 30th with district election information.

To facilitate community input, the City has also provided several ways to submit input on the topics of district elections and formation of districts. These include:

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Sending an e-mail to [email protected].

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Mailing or dropping off Community of Interest forms to the City Clerk at 650 Merchant Street, Vacaville, CA 95688.

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Requesting an informal meeting with City staff at City Hall or in the community by emailing [email protected] or calling the City Clerk at 707-4495100. City staff is available to meet with and solicit feedback from interested community groups such as service organizations, neighborhood organizations, home

All direction by the City Council is preliminary until the introduction and adoption of an ordinance. While direction may be provided on a specified topic, the public still has the ability to provide public comment on the topic.

owners associations, and other community organizations. Any written public comment and summaries of oral comments received on this topic prior to posting the agenda are attached (Attachment 3). Any written public comment and summaries of oral comments received after posting of the agenda will be available for the City Council and the public at the meeting. Voting District Criteria: The 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, which are described below.

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A districting plan shall be drawn in a manner that complies with the United States Constitution, the Federal Voting Rights Act and state law.

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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 U.S. 630 (1993).

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Each council district shall be contiguous, meaning that there are no islands or parts of the district that are not attached to the whole, except for the Easterly Waste Water Treatment Plant property, which is a separate island of City property which falls outside the City limits and does not share any common border with the City limit line.

The City Council may also consider other criteria such as: • • • • • •

Compactness of districts, including their shape and appearance. Keeping communities of interest, such as neighborhoods, school attendance 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, to the extent feasible. Including public facilities in each district, to the extent feasible. Including commercial interests in each district, to the extent feasible. Identifying housing stock, including areas of population growth since 2010, providing that the population in each district is calculated using the 2010 census data.

The City’s 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 will be helpful to the demographer if the City Council provides direction and assigns priority to any optional criteria. The City’s demographer will prepare at least 3 alternative maps for consideration by the public and Council at the Council meeting/third public hearing on July 10, 2018. Although the law requires that the maps be published at least 7 days in advance of the public hearing, Staff anticipates publishing the draft maps well in advance of the July 10th meeting to provide as much time as possible for the public to evaluate the maps and provide input. Next Steps: Tonight Council will provide direction to staff and the demographer on: 1. Whether or not to maintain a directly-elected Mayor. 2. The number of districts. 3. The criteria and priority to consider in forming the districts.

The City Council may also request that the demographer prepare maps based on a couple of different scenarios (such as 4 districts with a directly elected Mayor, or 5 districts with a rotating Mayor) if the Council cannot reach a consensus. The draft map alternatives will be published in the newspaper and posted on the City’s district elections webpage no later than July 3, 2018. The public will then be able to provide input and comment on the draft maps through e-mail or by delivering hard copies to the City, and at public hearings on July 10 and August 14, 2018. Selection of the final map is scheduled for the August 14th public hearing. The related ordinance would be introduced at the September 11, 2018 City Council meeting. The full schedule of public hearing dates for this effort is presented below. There will be Spanish/English translation services provided at the public hearings.

PUBLIC HEARING DATE

DESCRIPTION

June 12, 2018

Hearing #2 – Respond to any questions referred to staff from first public hearing. Continue to receive public testimony on criteria. Obtain Council direction on criteria to be used in drawing district boundaries for the demographer.

July 10, 2018

Hearing #3 – Present draft boundary map or maps provided by the demographer. Take public testimony on the draft maps. Provide direction to the demographer on revisions or adjustments to the maps. Draft maps under consideration at this hearing will be published in The Reporter and posted on the City’s district elections webpage on or before July 3, 2018.

August 14, 2018

Hearing #4 – Review the revised map or maps, take public testimony. If no significant changes are proposed, select final boundary map for inclusion in the district elections ordinance. Draft maps under consideration at this hearing will be published in The Reporter and posted on the City’s district elections webpage on or before August 7, 2018.

September 11, 2018

Hearing #5 – Introduce district elections ordinance.

September 25, 2018

Agenda Item – Adoption of ordinance.

FISCAL IMPACT: The significant staff time required to implement the transition process is covered by General Fund through previously budgeted salaries and benefits. As part of approval of the Resolution of Intent (Resolution No. 2018-043), the City Council allocated up to $90,000 from the General Fund to cover the retention of specialized elections counsel, which includes demographer services. Staff also anticipates incurring expenses for the public noticing requirements and public outreach campaign and providing translation services of $13,000. These costs would also be paid from the General Fund. ENVIRONMENTAL REVIEW:

This action is not a project within the meaning of the California Environmental Quality Act (CEQA) Guidelines Sections 15320, 15378, and 15062(b)(3) as it is an organizational structure change and does not have the potential to result in either a direct or reasonably foreseeable indirect physical change in the environment. RECOMMENDATION: 1) Hold the second of 4 public hearings on the transition to district-based elections, to receive public input on the composition and number of voting districts; and 2) Provide direction to the demographer on: • Whether or not to maintain a directly-elected Mayor. • The number of districts. • The criteria and priority to consider in forming the districts ATTACHMENTS: Attachment 1: Responses to Public Questions Attachment 2: Community of Interest form Attachment 3: Written public comments

Attachment #1 Responses to Public Questions

1. Q: Is it possible that some of the inmates in State prison did not commit felonies and therefore would be entitled to vote. A: It is extremely unlikely. Article 2, Section 4 of the California Constitution and California Elections Code Section 2101 disqualify people who are imprisoned in state or federal prison for commission of a felony 1 from voting. This includes the prisoners incarcerated in the two local California Department of Corrections and Rehabilitation facilities – CSP-S and CMF. Proposition 47, passed by the Voters in 2014, reduced certain drug offenses from felonies to misdemeanors and allows people currently serving a felony conviction for the specific crimes to petition the court for resentencing [before November 2022 2]. However, it is unlikely, given the passage of time since the passage of Prop 47, that anyone in either CSP-S or CMF would still be serving that drug-related sentence. 2. Q:

How long has the City had a directly-elected mayor?

A: Almost 30 years. In 1988 the residents of Vacaville supported a ballot measure to have the mayor directly elected by the voters of Vacaville. Prior to that the position of mayor was filled on a rotating basis from one of the five elected city council members. 3. Q: Does the City assume any legal risk under the CVRA if it maintains a directly elected mayor? A: We believe any legal risk is low, although no court has definitively ruled on this question. Government Code section 34886, amended in 2016 as a direct result of the significant CVRA litigation threats faced by cities, specifically provides for the possibility of a city responding to a CVRA demand letter by adopting a resolution requiring district elections for the legislative body but maintaining a directly elected mayor. 3 That provision appears to control over the CVRA. Further, pursuant to Vacaville Municipal Code Chapter 2.04, the mayor has separate and distinct responsibilities from the council members, such as: appointing people to various commissions and committees subject to city council approval; appointing members of the city council to represent the city on county, area, district or state boards, committees or commissions; serves as the presiding officer over the city council meetings; and signs all ordinances, resolutions and contracts approved by the council at meetings in which the mayor is in attendance.

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Generally, persons convicted of a misdemeanor would not be incarcerated in State prison, rather, any time required would be served in county jail. See: Penal Code section 19. See also the California Secretary of State’s website information regarding voting rights of persons with a criminal history: http://www.sos.ca.gov/elections/voting-resources/voting-california/who-canvote-california/voting-rights-californians/ 2 See AB 2765 (enacted in 2017). 3 Government Code Section 34886 state in pertinent part: “Notwithstanding Section 34871 or any other law, the legislative body of a city may adopt an ordinance that requires the members of the legislative body to be elected by district or by district with an elective mayor, as described in . . . without being required to submit the ordinance to the voters for approval. . . “

Attachment #2

VACAVILLE: What’s Your Community? Frequently Asked Questions What is a Community of Interest? A community of interest is a group of people in a defined geographic location that share a common bond or interest. The definition is broad, leaving communities a lot of discretion in determining which issues are important to them. Why do they matter? Under state law communities of interest may be considered when deciding how to drawing district boundaries. Keeping communities whole in the same district allows those with common interests to come together for representation. Why do I matter? Communities of Interest are best documented through oral or written input from individuals or groups with first‐hand knowledge of them. Nothing can replace personal knowledge of the community. That’s why we want to hear your feedback on your community; you know it best! What do I do? Start by completing the attached Testimony Form and describing your community Tell us where the exterior boundaries of your community are so we can locate it on a map. For example, write down landmarks, streets, bodies of water, or railroad tracks that delineate the outside border of the community. You can also draw the boundaries of your community on the attached map or use the free online tool. Then tell us what the common interests of your community are and why they are important. The law does not limit the kinds of interests that may bind a community. They can include your current situation or common goals for the future. Examples of common interests include income, education, housing, culture and language, employment and economic patterns, and health and environmental conditions. Finally tell us why it is important to keep your community whole. Sometimes it is not possible to keep all communities together. Some communities may overlap with each other. To deal with these tradeoffs tell us how your community would benefit from being kept in one district. There are two options to submit your testimony. It can be emailed to [email protected], or dropped off or mailed to City Clerk, 650 Merchant Street, Vacaville, CA 95688. Testimony should be received no later than June 12, 2018 for consideration in the draft map (the sooner the better). Why do I have such a short time? State law requires the districting process to be completed within 90 days and includes specific deadlines for the public testimony process. What else can I do? The city council will be holding a public hearing on June 12th at 6:00 p.m. at City Hall/City Council Chambers, 650 Merchant Street, Vacaville, CA 95688. Please come and tell us more about your community. Draft maps will then be prepared for public comment. Keep an eye out for those maps and let us know how they do representing your community.

VACAVILLE: What’s Your Community? Testimony Form CONTACT INFORMATION (optional) Name: _______________________________________________________ Date: ___________________ Phone: __________________________ Email: _______________________________________________ Describe your Community of Interest below including where it is located (be as specific as possible, include information on streets and other landmarks that make up the exterior boundary of your community. You can also use the attached map or online mapping tool (if/when available) at www.cityofvacaville.com/districtelections), what makes it a community (e.g. shared culture, common neighborhood projects, etc.), and why it should be kept together. My community of interest is located at: ____________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ My community’s mutual interests include: __________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ My community should be kept together because: ____________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________

This form can be emailed to [email protected], or dropped off or mailed to City Clerk, 650 Merchant Street, Vacaville, CA 95688. Should be received no later than June 12, 2018 for consideration in the draft map (the sooner the better). Thank you for participating and telling us about your community!

VACAVILLE: What’s Your Community? Draw Your Community of Interest Draw the boundaries of your Community of Interest on the map below. Whenever possible label key boundaries (e.g. street name). Alternatively, you can use the online tool (if/when available) found at [email protected]. Should be received by June 12, 2018 for consideration in the draft map (the sooner the better).

This form can be emailed to [email protected], or dropped off or mailed to City Clerk, 650 Merchant Street, Vacaville, CA 95688. Should be received no later than June 12, 2018 for consideration in the draft map (the sooner the better). Thank you for participating and telling us about your community!