Item 5 -Post 2020 Census Redistricting Process – Fourth Public HearingFebruary 1, 2022, Item #5DATE: TO: FROM: CONTACT: SUBJECT: Summary: AGENDA REPORT CityofPoway February 1, 2022 Honorable Mayor and Members of the City Council Alan Fenstermacher, City Attorney Alan Fenstermacher, City Attorney (714) 641-3452 or afenstermacher@poway.org Post 2020 Census Redistricting Process -Fourth Public Hearing CITY COUNCIL In 2017, following receipt of a letter threatening to sue the City of Poway for alleged violations of the California Voting Rights Act, the City Council made the decision to transition to by-district elections for the four City Council seats. The Mayor remains an at-large position (directly elected by the entire city). The City Council adopted the current district map on October 3, 2017 using 2010 U.S. Census data combined with 2018 demographic estimates. The seven public hearings from the 2017 process may be viewed on the City's redistricting webpage www.poway.org/redistricting under the Where Can I Find Out More? header, the corresponding staff reports are also available on the City's website. The City began the transition to by-district elections with the 2018 election and completed the full transition to by-district elections in 2020. Following each federal decennial census, California Elections Code sections 21601 and 21602 require cities with by-district elections to analyze population and demographic changes to assess whether or not changes are needed to their adopted district maps to maintain compliance with the criteria set forth in Elections Code. As described in much greater detail in the Discussion section below, the City is required to hold a specific number of public hearings to provide opportunities for the public to provide input to the process and potential changes to the district map. The City held the first three required public hearings on November 16, December 7 and January 18. February 1 is the fourth and final required public hearing. The public hearings will begin at 7:15 p.m. The public has the option to attend the meeting in person or virtually via Zoom. The City has engaged the services of National Demographics Corporation (NOC), which is the consultant the City used in 2017 when it converted to by-district elections. This staff report includes NDC's analysis of the City's 2020 U.S. Census data and the adopted district election map and corresponding demographics. NOC found that the City's current population deviation -the difference between the most populous and least populous districts -is well within the threshold where a map is considered "presumptively constitutional," and therefore, the City is not required to redraw the map to comply with the federal equal population requirement. Additionally, as described in more detail later in this report, at the time of adoption, the current City Council districts also contemplated and to 1 of 10
February 1, 2022, Item #5the degree possible given Poway's geography and demographics, incorporated all of the criteria that was ultimately signed into law in 2019 in the FAIR MAPS Act, which were permissive factors at the time, that the City Council specifically took into account. Therefore, the current City Council districts are in full compliance with all the criteria established in California Elections Code. The Discussion section below describes changes in state legislation since the City converted to by-district elections, and the required elements of the redistricting process. Recommended Action: Based upon City Council input from prior public hearings, it is recommended that the City Council direct staff to prepare an ordinance for City Council consideration on February 1 to adopt a new City Council district map that maintains the current City Council district boundaries. Discussion: As described at the beginning of this report, the City of Poway's first by-district election was in 2018 with full conversion to by-district elections occurring in 2020. The current district map is attached for reference (Attachment A). The seven public hearings from the 2017 process may be viewed on the City's redistricting webpage www.poway.orstredjstrjcti□E under the Where Can I Find Out More? header, the corresponding staff reports are also available on the City's website. Per California Elections Code, the City Council is required to update Council districts following the certification of the results of the 2020 decennial federal census, by ordinance, before April 17, 2022 (at least 205 days before the City's next regular election [i.e., November 8, 2022), where a City does not have a regular election occurring after January 1, 2022 and before July 1, 2022). (Elec. Code §§ 21601; 21602(a)(3).) Public Engagement Assembly Bill (AB) 849, enacted in 2019, known as the "Fair and Inclusive Redistricting for Municipalities and Political Subdivision" (FAIR MAPS) Act requires cities to take additional steps to increase public engagement in the redistricting process. It increases the number of required public hearings to four; provides for translated website materials and live translation services when requested in advance; mandates a dedicated redistricting webpage; and establishes noticing requirements. The FAIR MAPS Act also requires cities to make an asserted effort to alert media outlets and community groups about the process. The following requirements apply to the four public hearings, some requirements regarding drawing maps may not be directly applicable should the City Council indicate a preference to keep the current City Council district boundaries: 2 of 10 • At least one public hearing shall be held before the council draws a draft map or maps of the proposed new council boundaries. • At least two public hearings shall be held after the council has drawn a draft map or maps of the proposed new council boundaries. • At least one public hearing or public workshop shall be held on a Saturday, on a Sunday, or after 6 p.m. on a weekday, Monday through Friday.
February 1, 2022, Item #5• The council may have City staff or a consultant conduct one or more public workshops in lieu of holding one of the four required public hearings. • If a public hearing is consolidated with a regular or special meeting of the council that includes other substantive agenda items, the public hearing shall begin at a fixed time regardless of its order on the agenda, except that the Council may first conclude any item being discussed or acted upon, including any associated public comment, when that time occurs. • The time of the public hearing shall be noticed to the public. • The council may establish an advisory redistricting commission to hold the required hearings instead of the council. • Public hearing buildings shall be accessible to persons with disabilities. The City established a redistricting webpage on the City's website, the webpage address is www.poway.org/redistrlcting. Additionally, City staff is notifying the Poway News Chieftain about each public hearing, as well as publishing notices of the public hearings in Spanish in the El Latino Newspaper San Diego. Information about the first three public hearings, and the remaining public hearing dates is posted on the redistricting webpage. Also available are links to the City Council meetings from 2017 when the current district map was being developed. Data and Map Analysis Anticipating the City would be going through the redistricting process following the release of the 2020 U.S. Census data, the adopted FY 2021-22 budget includes funds for a demographer to assist with the process. The City has engaged the services of NDC, the demographer used in 2017 when the City initially transitioned to by-district elections, to work on the 2021 redistricting process. Prior to the first public hearing, NDC completed an initial analysis of the changes from the 201 o U.S. Census to the 2020 U.S. Census and impacts on each of the districts in the currently adopted district map. Their findings are attached (Attachment B). Notably, NDC found that the City's current maximum population deviation, the difference between the most populous district and least populous district -is 7.95%. This value is well within the 10% threshold where a map is considered "presumptively constitutional," and therefore the districts do not need to be redrawn to comply with the federal equal population requirement. As described below, this is not the only requirement the map must comply with, however based on the relatively minor changes from 2010 to 2020, the City of Poway does have options relative to redistricting that many other cities do not have. The City's 201 0 population was 47,811 and the 2020 California Adjusted Census population for Poway is 48,984. The City's 2020 U.S. Census population is 48,841, however for redistricting purposes, the State of California adjusts population numbers to account for things like prisoner population and individuals living in group homes. New Substantive Requirements for Redistricting A bit of legal context will be helpful to Council's understanding of the redistricting process before it. Since the City adopted its voting districts, there has been a material change in the law. The FAIR MAPS 3 of 10
February 1, 2022, Item #5Act. mentioned earlier in this report, now requires stricter geographic continuity of districts. As before, the council districts must be "substantially equal in population," now based on the results of the 2020 U.S. Census. (Elec. Code § 21601(a) ["Following each decennial federal census, and using that census as a basis, the council shall, by ordinance or resolution, adopt boundaries for any or all of the council districts of the city so that the council districts shall be substantially equal in population as required by the United States Constitution"]; see also, subdiv. (a)(1 ).) The districts are also required to comply with the United States Constitution, the California Constitution, and the federal Voting Rights Act of 1965. (Id., subdiv. (a)(2).) What is different is the stricter priority given to previously permissive factors, such as contiguity, communities of interest, following natural barriers, and compactness, which are now mandatory "to the extent practicable." Accordingly, the council must adopt district boundaries using the following criteria, in the following order of priority: (1} To the extent practicable, council districts shall be geographically contiguous. Areas that meet only at the points of adjoining corners are not contiguous. Areas that are separated by water and not connected by a bridge, tunnel, or regular ferry service are not contiguous. [emph. added.] (2) To the extent practicable, the geographic integrity of any local neighborhood or local community of interest shall be respected in a manner that minimizes its division. A "community of interest" is a population that shares common social or economic interests that should be included within a single district for purposes of its effective and fair representation. Communities of interest do not include relationships with political parties, incumbents, or political candidates. (3) Council district boundaries should be easily identifiable and understandable by residents. To the extent practicable, council districts shall be bounded by natural and artificial barriers, by streets, or by the boundaries of the city. (4) To the extent practicable, and where it does not conflict with the preceding criteria in this subdivision, council districts shall be drawn to encourage geographical compactness in a manner that nearby areas of population are not bypassed in favor of more distant populations. The Council may not adopt council district boundaries for the purpose of favoring or discriminating against a political party. (Id., subdiv. (d}.} In addition to NDC's analysis, the City Attorney's Office has analyzed the current district map and determined it is in compliance with the FAIR MAPS Act criteria described above. While the FAIR MAPS Act criteria described above is now mandatory, the criteria existed in 2017 when the City of Poway went through the comprehensive process of developing and evaluating multiple district map options. The criteria strongly influenced the district map that was ultimately adopted. The current districts are geographically contiguous and to the extent practicable without splitting census tracts, there was a concerted effort to keep communities of interest together. When the City Council discussed the attributes of the districts, they expressed a desire to have two districts that represented both north and south Poway, they also wanted three of the four districts to include Poway Road in order to give 4 of 10
February 1, 2022, Item #5the majority of Poway residents City Council representation on votes for future development projects along the Poway Road Corridor. So, while NDC's analysis shows there hasn't been significant deviations in the districts since they were adopted 2017, the current City Council districts also contemplated and incorporated the FAIR MAPS Act criteria. The City Council may recall that prior to Rutan & Tucker being selected to serve as Poway's City Attorney, Rutan & Tucker was originally hired in 2017 as Special Counsel to assist the City with the transition to by-district elections based on their expertise and experience representing other cities going through the transition to by-district elections. Next Steps Public Engagement The February 1 public hearing is the fourth and final public hearing prior to the City Council considering adoption of a new City Council district map. The public has the option of attending the hearing in person or via Zoom. A link to the staff report will be posted on line when the full City Council agenda packet is posted on February 25. Following the hearing, the City will post a link on the www.poway.org/redjstrjctjng webpage to the video from the City Council meeting. Since the hearing is being held in conjunction with regular City Council meetings, the start time for the hearing needs to be set at a time certain, so members of the public know exactly what time the hearings on this item will begin. The hearing will begin at 7:15 p.m. The information is posted on the City's redistricting webpage, information about each hearing will be emailed to the e-newsletter distribution list and provided to the Poway News Chieftain. Public hearing notices are being posted in English In the Poway News Chieftain, as well as in Spanish in the El Latino Newspaper San Diego. District Map As previously described, both NDC and the City Attorney's Office have determined the current City Council District Map meets all required criteria prescribed in California Elections Code. As the February 1 City Council meeting is the fourth and final required public hearing, staff is seeking direction from the City Council in order to bring forward a new district map for adoption. The new map will be utilized beginning with the November 2022 General Election. Based on City Council direction and public comments received at the prior public hearings, staff Is recommending the City Council direct staff to prepare an ordinance for City Council consideration on February 1 to adopt a new City Council district map that maintains the currently adopted City Council district boundaries. The City Council has a few options in terms of developing the new district map. Staff is seeking direction from the City Council as to which option they want to pursue. City Council direction is particularly Important with the third public hearing, as following the fourth public hearing on February 1st, the City Council is tentatively scheduled to adopt the district election map that will utilized beginning with the November 2022 General Election. Environmental Review: This action is not subject to review under the California Environmental Quality Act Fiscal impact: The adopted FY 2021-22 budget includes $5,000 for the 2021 Redistricting Process. The cost of the work the demographer has done to date falls within the budgeted funds. s of 10
February 1, 2022, Item #5Public Notification: A notice about the fourth public hearing on the 2021 Post Census Redistricting Process was published in the Poway News Chieftain and El Latino Newspaper San Diego on Thursday, January 27, 2022. Notice of this public hearing is also posted on the City of Poway website. Attachments: A. Current City Council District Map B. NDC City of Poway Redistricting Memo Reviewed/ Approved By: Wendy Kaserman Assistant City Manager 6 of 10 Reviewed By: Alan Fenstermacher City Attorney Approved By:
February 1, 2022, Item #5City of Poway 2017 Districting "1 ? rr--1 r-, ,::· -·' ~ . /~~~s-~Jk~~I Council-Preferred Plan 133 2018 Elections: 1 & 3 2020 Elections: 2 & 4 , ~ ~~~7~ :;.+-r-+=--;;.:.,c;::. --'-'----.,..c;::L i~c ks Rd ~ p0 ay Rd ~~Trl / ~ (~, V ATTACHMENT A Map layers CJ Plan 133 Water Area Streets Landmark Area River National Demographics Corporation, September 5, 2017
February 1, 2022, Item #5~ NOC ·.:1rion3J Demogr3phics Corpo1 at1on To: From: Alan Fenstermacher, City Attorney Shannon Kelly and Douglas Johnson, NDC cc: Date: 10/30/2021 Re: City of Poway Redistricting Redistricting Overview: Every 10 years, local governments use new data from the Census to evaluate and potentially redraw their district lines to reflect how local populations have changed. Cities must ensure that their district boundaries continue to be in population balance. Redistricting is the process of adjusting City Council voting districts so that each district has substantially the same number of residents. Cities with voting districts are required to update their district election map following the release of the U.S. Census data. Cities that experience little or no change in district populations have the option to maintain existing district boundaries as long as they comply with all state and federal redistricting criteria. Poway's Districting History Poway transitioned from an at-large to a by-district election process for Councilmembers in November 2018. The Mayor remains elected at-large. At the time, the City retained National Demographic Corporation (NDC) to develop voting district maps and facilitate public hearings. In October 2017, the City Council approved the current district election map. At the time of this effort, the most recently available population data was from the 2010 U.S. Census data with 2018 demographic estimates. This was standard for all jurisdictions that went through the transition to district elections in that timeframe. Now, however, the City must evaluate its voting districts based on the 2020 state-adjusted Census data. Poway Current Snapshot On September 27, 2021, the State of California posted its adjusted 2020 U.S. Census data. For California cities, these figures are the final numbers that must be used to determine if district boundaries need to be adjusted. NOC processed these numbers for the current Poway election districts (Attachment). NOC found that the City's current population deviation -the difference between the most populous and least populous districts -is 7.95%. This value is within the 10% threshold where a map is considered "presumptively constitutional," and thus the districts do not need to be redrawn to comply with the federal equal population requirement. 8 of 10 ATTACHMENT B
February 1, 2022, Item #5California Fair Maps Act In October 2019, the California legislature approved AB 849, the Fair and Inclusive Redistricting for Municipal and Political Subdivisions (FAIR MAPS) Act, which requires cities to ensure maps comply with set redistricting criteria. The act further outlines the specified steps a jurisdiction must take to encourage public participation of its residents and the deadlines for the adoption of new boundaries by a governing body. Specifically, the Fair Maps Act sets out criteria that all cities must use to evaluate their district maps, and the order in which they must be evaluated. They are: 1. Geographically contiguous 2. Undivided neighborhoods and "communities of interest" (Socio-economic geographic areas that should be kept together) 3. Easily identifiable boundaries 4. Compact (Do not bypass one group of people to get to a more distant group of people) Additionally, the legislation prohibits the discrimination against or favoring of any political party in the mapping process. Poway's Next Steps While the current Poway map is considered balanced from an equal population standpoint, the City Council must review the Fair Maps criteria. If the City Council finds the current districts meet the requirements of the Act, then the election district lines may be retained at the conclusion of the required public hearings and outreach. Please be aware that Poway should still conduct the four public hearings required by state law. The City has the option to consider alternative maps during those hearings, but may elect to focus only on the existing map. If this is the path that you decide to take, you can follow the "balanced" option in your NOC contract. The final election district map must be approved by April 17, 2022, to comply with election laws. 2 9 of 10
February 1, 2022, Item #5Poway -Current Districts (2020 Adjusted) Dis1ric1 1 2 3 4 Total 2020 2020 Census (Raw) 11,938 11,716 12,688 12,582 48,924 Deviation from ideal -293 -515 457 351 972 % Dcviatio,1 -2.40% -4.21% 3.74% 2.87% 7.95% %lliso 20% 10% 18% 26% 18% 2020 Total Pop %NH Whire 54% 73% 62% 48% 59% % NI l Black 2% 1% 2% 3% 2% % Asian-American 20% 12% 15% 19% 17% Total 8 459 8,597 9,332 8,140 34,529 % lliso 12% 5% 14% 16% 12% Cirizen Voting Age Pop % NI I White 70% 83% 69% 64% 72% o/o NI-I Black 2% 2% 4% 1 o/o 2% % Asian/Pac.Isl. 14% 9% ·12% 18% 13% Total 8,033 9,245 8,409 7,296 32,983 % Latino est. 13% 6% 11% 17% 11% Voter Registration (Nov % Spanish-Surnamed 12% 5% 10% 16% 11% % t\sian-Sumamcd 7% 6% 5% 7% 6% 2020) % Filipino-Surnamed 3% 1% 2% 3% 2% o/o N f I White est. 76% 86% 79% 73% 79% %NH Black 2% 2% 4% 1 o/o 2% Total 5,295 6,737 5,731 4,389 22,152 % Latino est. 11% 4% 8% 12% 8% Voter Turnout (Nov % Spanish-Surnamed 10% 4% 7% 11% 8% o/o Asia,1-Suniamcd 5% 4% 4% 5% 4% 2018) % Filipino-Sumamed 2% 1% 2% 2% 2% % NI I White est. 81% 89% 83% 80% 84% % NI I Black 2% 2% 4% 1 o/o 2¾ Total 7,023 8 403 7 432 6 213 29,071 ¾ Latino est. 12% 5% 10% 16% 11% Voter Turnout (Nov % Spanish-Surnamed 11% 5% 9% !5% 10% % Asian-Surnamed 6% 6% 5% 7% 6% 2020) % Filioino-Sumamcd 3% 1% 2% 3% 2% % NH White csr. 77% 87% 80% 74% 80% % N 11 Black est. 2% 2% 4% 1% 2% ACS Poo. Est. Tora! 12,016 11,604 13,056 13,104 49,780 a11c0-19 25% 25% 24% 28% 26¾ Age a2c20-60 51% 46% 50¾ 54% 51¾ al!c60olus 24% 29¾ 26% 17% 24¾ Immigration immi11.ranrs 24¾ 14% 14% 29% 20¾ naturalized 66% 77% 63% 54¾ 63% cn11.lish 76% 85% 78¾ 58% 74¾ Language spoken ar home soanish 10¾ 5% 11% 21% 12% asian-lan11. 8% 5% 7% 11% 8% other Jang 6% 6% 4% 10% 7% Language J,Juency Speaks Eng. "Less 10¾ 4% !0% 18% 10% than Verv Well" Education (among those hs•l!tad 33% 25¾ 38¾ 39% 34% bachelor 31¾ 39¾ 27% 26% 31% age 25+) gcaduatcdc1-'Iee 16% 26% 17% 12% 18% Child iri I louschold child-underl 8 40% 34% 34¾ 42¾ 38% Pcrof Pop. Afl.c 16+ cmoloved 63% 58% 60% 71¾ 63% income 0-25k 11% 3% 10% 15% 10% income 25-50k 11% 8% 14% 15% 12% I louschold Income income S0-75k 14% 10% 15% 15% 13¾ income 75-200k 47% 44¾ 43¾ 45¾ 45% income 200k-olus 18% 35¾ 18% 11¾ 20% sin11.lc familv 83% 99% 74¾ 75¾ 82% Housing Stats mulri-familv 17% 1% 26¾ 25¾ 18¾ rented 23¾ 8% 31¾ 39% 25¾ owned 77% 92¾ 69¾ 61% 75% Toial porul:ation d~,,. frolll the Cab(ornia ad1us1,1,c111 ro rhc :!020 Dcccnni:11 Ccnsm1i. Sum,.mc-ba!icd Voter Rcg1stra1,on and Turnout d:1~ from the Ca~fornll Statewide Database. Lruioo voter rcgi:nration :md mrnom daa a,c Sp:1n1sh-surn:1mc counti 11d111stcd using Cc11su!I Po1)ulauo11 Department u11dcccount cstunatcs, NI I \Vh1tc and NI-I Blick rcgistr.111011 Jnd turnout counu; estimated b)' NOC. Citizen Voting Agt Pop. /\gc, lmmigt1rioo, a11d other de11\0gt1phic11 from 1hc 2015-2019 /\mcrtcan Commu,,11y S\1t'VCY aod Spcc~l T:1bulacioo 5-ycac data, 10 of 10