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Item 9 - Additional Material Posted 11-15-21M EMQRAN DLJ M CityofPoway ADDITIONAL MATERIALS (Agenda Related Writings/Documents provided to City Council or Staff after distribution of the Agenda Packet for the November 16, 2021 Council Meeting) DATE: TO: FROM: CONTACT: November 15, 2021 Honorable Mayor and Members of the City Council Carrie Gallagher, City Clerk ~ (858) 668-4535 or cgallagher@poway.org SUBJECT: Item 9 -Initiation of Post 2020 Census Redistricting Process and First Public Hearing Attached please find correspondence received after the agenda posting deadline. Reviewed/Approved By: Wend~ aserman Assistant City Manager 1of 7 Reviewed By: Alan Fenstermacher City Attorney Approved By: Ch~ City Manager November 16, 2021, Item #9 ADDITIONAL MATERIALS From: Chris Olps To: Steve vaus; Caylin frank; John Mullin; Barry Leonard; Dave Grosch; Chris Hazeltine; Wendy Kaserman; ~ ~ Subject: Date: Attachments: Redistricting Tuesday, November 9, 2021 9:25:44 PM Redistricting.pdf I Some people who received this message don't often get email from csolps@gmail.com. Learn why this is important hXTLm . .N L EiVIAr Good evening everyone! The agenda just came out a few hours ago, and as has been mentioned a number of times, the census and resulting possibility of redistricting are on it. Though the city created districts 3 years ago, and there has been quite a bit of contention due to the 2018 election, they have been almost entirely ignored. This resulted in the current situation where we are at the end of the road and *must* address it, instead of a possible longer and more developed process with community involvement. Nevertheless, as has been the case in the past, I am here to point out the problem and offer a solution. I would still prefer a more engaged process with the community, instead of the 4 meetings(?) and mostly staff developed process. Since this has been in the news quite often and talked about for the last year or more, I already looked into it. Attached you will find a draft proposal/ordinance regarding redistricting, and what I believe is one of the better solutions to the problem. This would create an independent redistricting commission, and remove the council role and all sense of impropriety and bias (and gerrymandering). Of course with any such large topic, there are many pieces and parts which can be adjusted and changed. This is no exception. This is why it would have been more appropriate to deal with this sooner. In any case, this still offers a foundation from which to build and the possibility to make plans for the 2030 census, or a sooner date if it becomes necessary. With the addition of 1400+ RHNA homes, and a larger portion of them in district 4, it seems very likely the Poway of 10 years from now will look very different, and likely need far larger changes to the district maps. Have a great week! 2of7 November 16, 2021, Item #9 This Example Ordinance is provided for educational and informal purposes only and does not constitute legal advice. Any redistricting ordinance should be reviewed by an attorney prior to being introduced. RESOLUTION NO. 2021-#### AN ORDINANCE ESTABLISHING A REDISTRICTING COMMISSION TO ADOPT NEW COUNCIL DISTRICT BOUNDARIES SECTION 1-FINDINGS The City Council finds and declares that: 1. It is a conflict of interest for elected officials to draw their own election 2. Commissions can help depoliticize redistricting and increase public trus e s; 3. Local commissions are considered a redistricting best practice by good govern organizations like California Common Cause and the League of 4. Multiple studies have found that independent redistricti draw more representative and less partisan election district maps than , egislative body; 5. A redistricting commission will improve transparen more opportunities for Poway residents to be involv ' 6. The City is establishing a redistricting commission o transparency, and public confidence in the redist SECTION 2 -REDISTRICTING CO Section### is added to the Municipal A. Establishment 3of7 "Commission," v o ay Independent Redistricting Commission, hereinafter ,,v·,,.,_.,_xclusive authority to redraw council district boundaries. The go into effect upon the Commission's adoption of a final map, , s · comply with the applicable requirements of Chapter 9 of Division 21 of ode, beginning with Section 23000. on shall be established by February 15, 2021, and thereafter shall be re- , by February 15 in each year following the year in which the national census is taken 4. The Commission shall consist of nine commissioners and two alternates. Alternates may fully participate in Commission deliberations but may not vote and may not be counted towards the establishment of a quorum. Alternates are subject to the same terms of office, qualifications, restrictions, and standards of conduct as other commissioners under this Section. 5. The term of office of each commissioner and alternate begins with their appointment to the Commission and ends when new final district boundaries are adopted. November 16, 2021, Item #9 B. Selection Process 4of7 1. The commissioner selection process is designed to produce a qualified, independent, and impartial Commission. 2. Commissioners shall be selected through an open application process. 3. Any person who meets the minimum commissioner qualifications in Subsection C may apply to serve on the Commission. 4. The City Clerk shall initiate and widely publicize the Commission application promote a large and diverse applicant pool, the City Clerk shall seek assis nee range of community-based organizations to encourage qualified persons to pl uH application period shall be open for at least one month. 5. At the end of the application period, the City Clerk shall review contained in each application, including each applicant's eli · under Subsection C. The City Clerk shall remove fro th not meet the minimum commissioner qualifications. ' ad 6. The City Clerk shall, at a public meeting, rando~ e ive names from the pool of qualified applicants. Those five shall serve as com mis io hose initial five commissioners shall, by majority vote at a noticed public hearing ect e ·nal four commissioners and two alternates from the remaining pool of qualifi d a P. i ant . i e initial commissioners shall select final commissioners such that the ot e comprised entirely of commissioners who Commission's the City, pro · I party preference. e Id select applicants that are best qualified to carry out the ,·~····-w~ection and that, as a group, reasonably reflect the diversity of t no u, as, formulas, or ratios may be applied for this purpose. In to carry out the responsibilities of the Commission; e with impartiality in a nonpartisan role; and . rity with the City's neighborhoods and communities. ' · iversity" for the purposes of this Subsection means diversity of: a. geography; b. race and ethnicity; c. gender; d. age; November 16, 2021, Item #9 e. economic class; and f. political party preference. C. Commissioner Qualifications 1. Applicants shall comply with the eligibility requirements in California Elections Code Sections 23001 and 23002(b), (c) and (d). D. During and Post-Service Restrictions 1. Commissioners shall comply with California Elections Code Section 230 E. Redistricting Criteria 1. The Commission shall adopt, in a final map, new council dist I t the United States Constitution, California Constitution, and including the federal Voting Rights Act, and California Electio California Elections Code Section 23003(k). d state laws, 01, and F. Transparency 5of7 1. The Commission shall establish and imple . e Commission deliberation. 2. The Commission shall com Section 6250 of the California Cal ornia Public Records Act, commencing with t Code, and the Ralph M. Brown Act, commencing 3. The Commi internet and make available to the public a draft version ore it may be adopted as a final map. Co mission relating to redistricting, and all data considered by the · raw·ng a draft map or final map, are public records. racticable, all Commission meetings shall be audio or video recorded. o · mission shall establish and make available to the public on the internet a calendar of all ifs ublic meetings. 7. The City shall establish and maintain, at least until the redistricting process is concluded, a webpage for the Commission where important redistricting materials may be published, including meeting agendas, meeting minutes, links to meeting audio or video recordings, a commissioner roster, and draft maps created by the Commission. November 16, 2021, Item #9 8. Any person who is compensated for communicating with the Commission or any commissioner, other than a reimbursement of that person's reasonable travel expenses, shall identify the party compensating them in such communication. 9. Commissioners shall disclose all contact regarding the Commission's subject matter jurisdiction that occurs outside of a publicly noticed meeting. Commissioners shall disclose these contacts no later than the Commission's next regular or special meeting. The Commission shall establish procedures for disclosure. These procedures shall, at minimum, require disclosure of, and a summary of the substance of, any contact with members of the City Council · taff. G. Public Engagement 6of7 1. The Commission and the City should actively encourage residents to n the redistricting process. 2. The Commission shall make every reasonable effort to a proceedings. 3. The City shall solicit broad public participation int residents in neighborhoods and communities th? tr local political process. At minimum, the City s all: e · ri t1 g process, including from participate less frequently in the aign to the City Council at a public ate the pubiic on the redistricting process and how to be involved; and c. request n ighborhood associations, community groups, civic ·gnts organizations with engaging residents in the redistricting ·ission draws its first draft map, the Commission shall hold at least five public eriod of no less than 15 days, at which the public is invited to provide input ment of district boundaries. ertHe Commission publishes its first draft map but before a final map is adopted, the mission shall hold at least three public meetings, over a period of no less than 15 days, at wliich the public is invited to comment on the draft map or maps or to suggest alternative maps. 6. Commission public meetings shall be held in different geographic areas of the City to reach as large an audience as possible. The meeting location shall be accessible to persons with disabilities and, to the extent practicable, shall have free parking nearby and be accessible by public transit. November 16, 2021, Item #9 7. Public meetings shall be scheduled at various times and days of the week to accommodate a variety of work schedules and to reach as large an audience as possible. 8. The Commission shall establish and implement a process for accepting written public comment, including the submission of draft maps and draft partial maps for the Commission's consideration. 9. The Commission shall provide the public with tools and relevant population and demographic data to create draft maps and draft partial maps, which may include providing the pu free online mapping software. 10. The Commission shall arrange for the live translation of a public meet, this Section in an applicable language if a request for translation is mad at before the hearing. For purposes of this Paragraph, an "applicable Ian which translated materials are required at one or more poll"ng pl pursuant to California Elections Code 14201(c) or its successo H. Administration 7of7 1. A quorum shall consist of five commissioner ' 3. The Commission, with six aff ative ates, may remove a commissioner for substantial neglect of duty, gross misco d t in 0ffice, or inability to discharge the duties of office. Prior to being removed, a Co be provided with the reasons for their proposed removal, at least a wee eeting where his or her proposed removal will be voted on, and an o ·ty to re ond to or rebut those reasons in writing and at the meeting. 4. The ropriate sufficient funds to allow the Commission to carry out its pow this Section. The City Council shall appropriate at least the amount s edistricting, adjusted for inflation using the consumer price index . . TH Cit Manager, City Clerk, and City Attorney shall designate staff to support the ission, as needed. Subject to the funds appropriated to the Commission, the Commission a hire, as necessary, one or more independent consultants experienced and competent in local redistricting, demography, or community outreach following an open bidding process. 6. The Commission shall adopt new council district boundaries not later than October 31 of the year following the year in which the census is taken. November 16, 2021, Item #9