Item 6 - Introduction of Ordinance Adopting the Post 2020 Census Redistricting City Council District MapRecommended Action:
It is recommended that the City Council take public input, close the public hearing, introduce the
Ordinance (Attachment A) by title only, waive further reading, and schedule adoption for February 15,
2022.
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.
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 City has met these requirements and held four public
hearings on November 16, 2021, December 7, 2021, January 18, 2022 and February 1, 2022.
Data and Map Analysis
Prior to the first public hearing on November 16, NDC completed an 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. 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. In addition to
NDC's analysis, the City Attorney's Office analyzed the current district map and determined it is in
compliance with the FAIR MAPS Act.
City Council Direction
Throughout the public hearing process and after considering public comments, the City Council
discussed its options relative to the district map boundaries and determined that based on the
minimal changes from the 201 O to 2020 Census, the fact that current district boundaries meet all
federal and state requirements, the current district map was just adopted in 2017 and the City didn't
fully transition to by-district elections until 2020, the City should move forward with a adopting a new
map that maintains the current City Council district boundaries. This direction is reflected in the
attached Ordinance.
2 of 5 February 1, 2022, Item #6
ORDINANCE NO. 852
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, ADOPTING BOUNDARIES FOR CITY
COUNCIL DISTRICTS PURSUANT TO THE FAIR MAPS ACT
(GOVERNMENT CODE 21601 et seq.)
WHEREAS, on September 19, 2017, following six public hearings regarding adopting a
by-district method of election and choosing a voting district map, the City introduced for first
reading, and on October 3, 2017 adopted, Ordinance No. 809 (i) amending Poway Municipal
Code (PMC) to transition from an at large method of election to a by-district method of election
and (ii) adopting a City Council voting district map, attached to Ordinance No. 809 as Exhibit A
(Plan 133);
WHEREAS, the City is required by state law to undertake a redistricting process following
the results of the decennial census, pursuant to the Fair Maps Act generally, and Government
Code section 21601 et seq. specifically;
WHEREAS, following the 2020 census results, which showed minimal changes in the
City's population, the voting district map adopted in 2017 remains in full compliance with all
applicable law, including substantially equal population and all the other factors set forth in
Government Code section 21601;
WHEREAS, the City Council has held all the hearings required by Government Code
section 21607.1 and has complied with all outreach requirements set forth in Government Code
section 21608; and
WHEREAS, the City Council has determined, based on analysis from City staff, the City
Attorney, a third party demographer, and public comment, that it is in the best interest of the City
to re-adopt the existing voting district map (Ex. A to Ordinance No. 809), which is attached hereto
as Exhibit A.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES
ORDAIN AS FOLLOWS:
SECTION 1: The above recitations are true and correct.
SECTION 2: The map attached hereto as Exhibit A is hereby adopted as the City Council
voting district map for the City of Poway.
SECTION 3: In interpreting this Ordinance or resolving any ambiguity, this Ordinance
shall be interpreted in a manner that effectively accomplishes its stated purposes.
EFFECTIVE DATE: This Ordinance shall take effect and be in force thirty (30) days after
its adoption.
CERTIFICATION/PUBLICATION: The City Clerk shall certify the adoption of this
Ordinance and cause it or a summary of it, to be published with the names of the City Council
members voting for and against the same in the Poway News Chieftain, a newspaper of general
circulation in the City of Poway within fifteen (15) days after its adoption and shall post a certified
copy of this Ordinance in the Office of the City Clerk in accordance with Government Code §
36933.
INTRODUCED AND FIRST READ at a Regular Meeting of the City Council of the City of
Poway, California, held the 1st day of February 2022, and thereafter
4 of 5 ATTACHMENT A February 1, 2022, Item #6
PASSED AND ADOPTED at a Regular Meeting of said City Council held the 15th day of
February, 2022 by the following vote, to wit:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
Steve Vaus, Mayor
ATTEST:
Carrie Gallagher, CMC, City Clerk
5 of 5 February 1, 2022, Item #6