HomeMy WebLinkAbout16 - PH-2 - Plan for Community Participation in Crea - 4/19/2016CITY COUNCIL AGENDA REPORT
MEETING DATE: April 19, 2016 ITEM NUMBER: PH -2
SUBJECT: PLAN FOR COMMUNITY PARTICIPATION IN CREATION OF DISTRICT
BOUNDARIES FOR DISTRICT ELECTIONS
DATE: April 19, 2016
FROM: CHIEF EXECUTIVE OFFICE/CITY CLERK DIVISION
PRESENTATION BY: BRENDA GREEN, CITY CLERK
FOR FURTHER INFORMATION CONTACT: BRENDA GREEN/714-754-5221
RECOMMENDATION:
Staff recommends that the City Council:
1. Hold a public hearing regarding City Council voting district formation and a
community participation plan for gathering public input on district boundaries;
2. Approve a community participation plan; and
3. Direct staff to implement the plan.
BACKGROUND:
On December 21, 2015, the City received a letter from Attorney Kevin Shenkman
alleging that the City's at -large election system is illegal due to the presence of racially
polarized voting (RPV), which impairs the ability of minority citizens to elect the
candidate of their choice to the City Council. The City reviewed and researched the
allegations contained in the letter.
The California Voting Rights Act (CVRA) authorizes lawsuits challenging at -large
elections that are applied in a manner that impairs a minority group's "ability to elect" its
chosen candidates, or "ability to influence" the outcome of an election(Cal. Elec. Code §
14027). A violation of the CVRA does not require proof of discriminatory intent. Rather,
a violation of the CVRA is established if it is shown that RPV occurs in elections for
members of the governing body or in elections incorporating other electoral choices by
the voters of the political subdivision(Cal. Elec. Code § 14028(a)). In determining
whether there is a violation, one thing the court can consider is the extent to which
"candidates who are a member of a protected class and who are preferred by voters of
the protected class, as determined by an analysis of voting behavior, have [or have not]
been elected to the governing body" subject to the CVRA challenge (Cal. Elec. Code §
14028(b)).
1
DISCUSSION
The presumption underlying the CVRA is that if a city had a by -district system, then
minority candidates who are not elected under the at -large electoral system would,
instead, be able to get elected to the City Council. As such, a violation of the CVRA
allows a court to mandate that a city change to a district -based electoral system.
If a city is found liable for violating the CVRA, a court must implement "appropriate"
remedies (including the imposition of district -based elections) that are tailored to remedy
the violation (Cal. Elec. Code § 14029). "District -based elections" means a method of
electing members to the governing body of a political subdivision in which the candidate
must reside within an election district that is a divisible part of the political subdivision
and is elected only by voters residing within that election district.
Put another way, a court is not limited to the imposition of a by -district electoral system
as the only remedy. The statute is open-ended in the available remedies for a court to
consider, limited only by what is "appropriate ... to remedy the violation." Id. Some
courts have ordered implementation of district -based elections, selected the district
boundaries in lieu of the city council doing so, required special elections to replace all
current council members, and imposed other remedies where violations have been
found.
A successful CVRA plaintiff is entitled to reasonable attorneys' fees and litigation
expenses, including, but not limited to expert witness fees and expenses (Cal. Elec.
Code § 14030). Prevailing defendants cannot recover any fees or costs, unless the
court finds the action to be frivolous, unreasonable, or without foundation. Id.
Of the numerous CVRA cases which have been filed throughout the State, only one city
has successfully had a case against it under the CVRA dismissed. Although that city
voluntarily placed a measure on the ballot to allow for district -based elections which
passed, the city was still ordered to pay attorneys' fees and costs just under $1 million.
Other cities that have gone to trial and lost CVRA cases have paid attorneys' fee orders
upwards of $3 million, not including their own fees for defense. In sum, becoming
involved in CVRA litigation is expensive and fraught with peril.
In Costa Mesa's case, with the direction of City Council, the City Attorney's Office has
negotiated a tentative agreement with the potential plaintiff that will avoid litigation and
all of its attendant risks and expenses, while preserving the rights of Costa Mesa's
citizens to affirmatively vote on the issue of district elections and to maintain control of
the process of selecting district boundaries.
For a general law city the size of Costa Mesa, there is only one option for establishing
district -based elections without litigation: placing a measure on the ballot to allow
registered voters to determine whether or not to establish district -based elections. Such
a ballot measure would describe how the system would operate and provide
geographical boundaries for the proposed districts. The geographic districts formed
must be roughly equal in population according to the latest federal decennial census.
Factors which may be considered in creating districts are: (1) topography; (2)
geography; (3) cohesiveness, continuity, integrity, and compactness of territory; and (4)
community of interest of the districts. One Council member will be chosen for each
district only by the voters residing in that district.
1►
In essence, the City had two choices in responding to Mr. Shenkman's CVRA claim.
The first was to decline to take any action and then defend any litigation that was filed.
The second was to allow the citizens to fully participate in the decision by engaging in a
public process to identify proposed district boundaries and using a ballot measure to
get voter approval of districts. Elections would continue to be staggered so that some
Council members will be selected at one election and the remaining Council members
will be selected at the next election.
Pursuant to the draft settlement agreement being considered by the Council, the City
would agree to contract with Compass Demographics to design one or more electoral
maps for public and Council consideration. The process for developing the electoral
district map will include, at minimum, two public hearings on a proposal to establish the
district boundaries prior to a public hearing at which the City Council will vote to approve
the electoral district map. The draft settlement agreement requires that, on or before
August 12, 2016, the City Council will place on its agenda for action a resolution to
place a Ballot Measure on the Statewide General Election Ballot to occur on November
8, 2016, asking whether Costa Mesa should change from an at -large method of election
to a by -district method of election with the proposed district lines to be included in the
measure and requiring by -district elections for City Council seats for the November
2018 election and thereafter. The City Council must authorize itself to make an
argument in favor of the ballot measure and is not permitted to make a ballot argument
in opposition to the measure as an official Council action. Finally, the City will pay as a
settlement all costs, expenses, and fees it incurred in preparation for bringing litigation
in this matter.
In order to immediately commence the districting process to be able to timely place a
districting measure on the ballot, the City has entered into an agreement with Compass
Demographics to direct the process of creating districts. In consultation with David Ely,
principal of Compass Demographics, staff has designed a community participation plan
to gather input on voting district boundaries. As a result, the following community
participation plan is recommended, as further set forth in Exhibit A.
Meet with the Expert
Public input will begin with a series of meetings for interested stakeholders with
demographics mapping expert David Ely from Compass Demographics. Mr. Ely will
hold "office hours" at City Hall. He typically uses sample maps as a starting point to give
an idea of how equal population districts might be distributed. The sample maps are not
proposals for district boundaries but are rather illustrative of several ways that legal
districts could be drawn. Mr. Ely will project the sample maps on a screen so
stakeholders can watch him redraw boundary lines as they request, while he works with
them and advises them how to achieve legal results and equal population districts as
close as possible to their interests. The City's population from the 2010 Census is
109,960. A Costa Mesa map with United States 2010 Census population figures by
Census block groups will be available to facilitate stakeholder efforts to craft equal
population districts.
Mr. Ely develops data tables to accompany each sample map to convey demographic
information on any iteration of districts. The data tables contain raw population numbers
along with other information expressed in percentages, including voting age population
by ethnicity, Spanish and Asian surname registered voters, and Spanish and Asian
surname voter turnout.
3
Times for meetings with the expert will be identified and anyone may participate, but the
City will proactively invite key stakeholders who have previously shown an interest in
the issue such as City Council members, and other local elected officials such as
school board members. Stakeholders may meet with Mr. Ely individually or with a small
group of their choosing; room capacity and effective map drawing interaction will likely
limit the maximum group size to approximately six individuals. The City Clerk's office will
make reservations for appointments. The initial Meet the Expert sessions are expected
to be conducted in late April or early May 2016. The schedule for the Meet the Expert
sessions will be posted on the project webpage.
Communitv Meetinas
Following the small meetings with key stakeholders, public input will continue with a first
round of open community meetings. The meetings will begin with an educational
presentation to inform the public about voting districts and the process for initial
formation of district boundaries, followed by small group interaction with sample maps
led by outreach workers to elicit participants' ideas about communities of interest and
where district boundaries should be drawn.
At least two meetings with identical agendas and presentations will be held within a
short time frame in different parts of the community and at different times to
accommodate community members who are interested in voting district formation.
A second round of community meetings will be held in early summer.
Public Hearinas
State law requires at least three public hearings for any voting district formation
process. The City must hold at least two public hearings on a proposal to establish
voting district boundaries prior to a public hearing at which the City Council votes on the
proposed boundaries that would be included in a ballot measure. The City, therefore,
will hold at least two additional public hearings during the districting process:
• Consideration of the district formation process — April 19, 2016
• Report on community meetings round 1 — not yet scheduled.
• Presentation of proposed voting districts — not yet scheduled.
• Adoption of proposed voting districts — not yet scheduled.
It is anticipated that multiple proposed district maps will be developed through meetings
with the expert and the first round of public meetings for presentation at the second
public hearing. Additional City Council meetings and/or public hearings may be held
prior to the City Council adoption of proposed voting districts to include in the proposed
ballot measure.
M
Outreach Materials
The City will develop brief instructions for those interested in drawing their own districts
to elicit input that will be most helpful in determining district boundaries. The five main
points will be:
• Neighborhoods or Communities. Outline and identify areas that you believe
function as neighborhoods or communities that should be kept together in a
single district.
• Connections. Identify neighborhoods or communities that you believe share
common interests and should be combined within a district.
• Barriers. Identify physical features such as streets, utilities or other elements that
you believe would act as natural barriers between districts.
• Divisions. Identify communities that you believe are dissimilar and should be put
into separate districts.
• Points of interest. Identify significant locations or points of interest that are of
particular interest or concern to individual communities and explain their
significance.
Staff will be developing outreach materials for use on the City website and other
avenues of communication. A fact sheet, PowerPoint information presentation,
frequently asked questions (FAQs) document, press releases, and other materials will
be used to educate the community and request their input.
Communications about districting will be released in English, Spanish, and Vietnamese.
Once the City Council approves the community participation plan, the City will begin
media releases, e -blasts and other contacts to disseminate the information and invite
participation. Staff and consultants will develop a contact list to invite people to register
for further information about the district formation process. Announcements about the
plan will also be made to organizations such as:
• City eNewsletter registrations
• Community organizations and clubs directory
• Social service agencies
• Boards and commissions
• Neighborhood Watch
• Chamber of Commerce
• School districts and colleges
• Homeowners associations and historic neighborhoods
• Foundations
Information will be posted at major public buildings, on the website, and on the
municipal access television channel. The new outreach materials will be placed on the
City website.
5
ALTERNATIVES CONSIDERED
Council could determine not approve the community participation plan or not to go
forward with a proposed ballot measure, and instead take the risk of litigation being filed
against the City.
FISCAL REVIEW
Use of Compass Demographics for consulting services in connection with the
development of district maps will cost the City approximately $20,000. Specific costs for
implementation of the community participation plan will be developed by the City Clerk
and presented to City Council for approval following the City Council's consideration of
the proposed plan. Costs will include advertising, translation services, staff costs for
meetings, and other advertising costs.
LEGAL IMPACT
The City Attorney has reviewed this matter and concurs with the recommended actions.
CONCLUSION
Staff recommends that the City Council (1) hold a public hearing regarding City Council
voting district formation and a community participation plan for gathering public input on
district boundaries for a proposed ballot measure; (2) approve a community participation
plan; and (3) direct staff to implement the plan.
BRENDA GREEN
City Clerk
TOM DUARTE
City Attorney
Attachment: A — Community Participation Plan.
RICHARD L. FRANCIS
Assistant CEO
L•�
ATTACHMENT A
COMMUNITY PARTICIPATION PLAN
PURPOSE AND GOAL OF THE COMMUNITY PARTICIPATION PLAN (CPP)
The purpose and goal of this CPP is to provide a blueprint to inform, engage and garner
stakeholder input regarding the City of Costa Mesa's Voting Districts Formation (VDF) for
a proposed ballot measure. The objective is to guide the process needed to create voting
districts collaboratively with the community of Costa Mesa. Either City staff or a retained
outreach consultant will lead the outreach efforts to implement the CPP with City staff
guidance in cooperation with the City's retained expert David Ely. This CPP fully supports
the ongoing technical efforts of Compass Demographics to create the voting districts to
include in a proposed ballot measure in November 2016.
II. OUTREACH ELEMENTS
Stakeholder Data
The outreach team will coordinate with the City Clerk to identify the best partnerships and
methods of notification of VDF awareness, development and milestones. The following
audiences will be targeted for outreach and a project database developed from which
outreach mechanisms can be implemented:
• City Databases
o Boards and Commissions
o Recreation database
o Library database
o E -Newsletter database
• Elected Officials
o Federal
o State
o County
• Neighborhood Associations
o Homeowners Associations/ Groups
o Historic Districts
o Neighborhood Watch Groups
• Community Organizations
o Service Clubs
o Recreational and Civic Youth Groups
0 Senior Groups
o Ethnic and Cultural Groups
o Social Service Agencies
• Businesses and Organizations
o Chamber of Commerce
• Academic Organizations
o School Districts
o Colleges
Outreach Mechanisms
Under the direction of the City of Costa Mesa, the outreach team will pull from the
following list of mechanisms to initiate the VDF, promote project awareness, and
encourage community members to participate in all project activities including public
meetings and hearings.
• Special invitation from the City of Costa Mesa (e -blasts or direct mail)
• Newspaper advertisements
• Open letter announcing the project, encouraging participation and providing
contact information
• Press release/ public service announcements (PSA's)
• Community posting on City of Costa Mesa Municipal Access Channel
• Community meetings
• "Meet with the Expert" meetings
• Project helpline (City Clerk Department's dedicated phone line)
• Project webpage featured on the City's website
Outreach Tools
The outreach team will work directly with the City and Compass Demographics to develop
a community information kit in English, Spanish, and Vietnamese including: fact sheet/
meeting flyers, frequently asked questions (FAQ), guiding principles, and VDF
PowerPoint presentations and display boards.
• Project Fact Sheet — Provide VDF description, purpose and benefits, process
chart, key decision/milestone dates, community meetings and contact
information.
• Notification Flyers — Developed in both hard copy and electronic formats to help
notify stakeholders of the community meetings.
• FAQ — Provide answers to commonly asked questions to help inform Costa Mesa
community members and other stakeholders of program details that may not be
easily explained in the overview fact sheet.
Guiding Principles — Provide needed program guidelines that frame how the
public will participate as well as how the selection of districts will be guided
through the outreach and analytic process.
Meeting Presentation Materials — PowerPoint presentation and display boards
highlighting the VDF purpose, possible ballot measure options, community
involvement plan, process and schedule. Each round of meetings will also have a
series of slides that educate and garner input related to focus of the meetings.
III. OUTREACH APPROACH
Project Initiation
In order to quickly initiate the outreach program, the outreach team will work in close
coordination with the City of Costa Mesa to begin implementation of the CPP by
identifying target audiences, outreach strategies and supporting mechanisms. In addition,
the outreach team will develop informational materials and content for the project
webpage, which will outline the VDF purpose, overview, and benefits and highlight
opportunities for public involvement.
Presentations and Briefings to Elected Officials
To ensure local, state, and federal offices are aware of the upcoming VDF, ballot measure
and the outreach plan to support the effort, the City will conduct elected official briefings
prior to the general public engagement. In addition, the outreach team will make itself
available for City Council hearings and presentations as needed to answer questions and
provide project status.
Press Releases/ Media Briefings
The outreach team will work with local media to promote transparency in process,
allowing reporters to gain a deep understanding of the process, opportunities for
community involvement, and decision points. The outreach team will develop a series of
press releases and media advisories to promote announcements of community meetings
in local media. The outreach team will also work with reporters and local editors to
promote meeting coverage and follow up stories providing information about progress
made throughout the process.
Meetings with the Technical Consultant: "Meet with the Expert"
Face-to-face meetings with the technical consultant, Compass Demographics, will be
offered at City of Costa Mesa City Hall. The meetings will be made available upon request
to the general public. Requests will be processed through the City Clerk's office. These
meetings will give community members an opportunity to personally interact with
Compass Demographics, the technical consultant, and use a geographic information
system (GIS) tool to better understand how demographics guide the process of
developing VDF boundaries. In addition, these office hours will help ensure transparency
throughout the VDF development process. It is anticipated that Meet the Expert sessions
will be conducted at the end of April or the beginning of May 2016. The schedule will be
posted on the project webpage.
Community Meetings
Under the direction of the City of Costa Mesa staff, the outreach team will implement at
least two rounds of community meetings, with at least two meetings per round.
Round 1
The first round of community meetings will take place in May. Each meeting will
provide the same presentation and materials. Offering at least two meetings helps
increase the level of participation by making it available at different times and in
different locations for convenience purposes. The community meetings will focus
on providing the public a clear understanding of the VDF process, reasons for the
mapping process and how they can participate. Both the outreach team and
Compass Demographics will deliver the presentation. Following the presentation,
the participants will be asked to break into small table workgroups to review sample
maps that propose VDF options based on demographic research and stakeholder
input. Facilitators will be at each table to guide the discussion and encourage
participants to identify areas that should be included in the same boundary or
separated due to their differences. Following the discussion, a representative of
each table will be selected from the small groups to share their group's input. The
outreach team will close the meeting by highlighting some of the findings,
similarities, and next steps.
Round 2
The second round of meetings will also include at least two opportunities for the
public to gather and see proposed maps further developed with public input from
the sample maps presented in Round 1. The format of the meetings will include an
open house session where displays will be placed in the perimeter of the room.
Participants will have the opportunity to discuss the revisions made and suggest
additional modifications or explanations. In addition, these meetings will focus on
the next steps once the VDF is complete. Members of the public will learn what
district they will most likely live in, the ballot measure timeline and see ballot
examples so they can easily comprehend the voting changes if the ballot measure
is approved in November 2016.
City Council Public Hearings
The City will hold at least three public hearings during the VDF outreach process at the
following City Council meetings, including:
• Consideration of the district formation process — April 19, 2016
• Report on Community Meetings Round 1 — TBD
• Presentation of proposed voting districts — TBD
• Approval and adoption of voting district map plan to be included in ballot
measure — Before August 12, 2016
Additional City Council meetings and/or public hearings may be held prior to the City
Council approval of a specific ballot measure with proposed voting districts.