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HomeMy WebLinkAboutAgenda Report - June 2, 2021 H-01AGENDA ITEM H-1 CITY OF LODI S COUNCIL COMMUNICATION TM AGENDA TITLE: Provide Direction Regarding Redistricting Process MEETING DATE: June 2, 2021 PREPARED BY: City Clerk RECOMMENDED ACTION: Provide direction to the City Clerk regarding 1) whether to fora Redistricting Commission or have Council set the Districts, and 2) if a Commission will be formed, provide direction on the type of Commission, and the selection process. BACKGROUND INFORMATION: On March 7, 2018, the City Council adopted Ordinance No. 1949, transitioning from at -large elections to by -district city council member elections following the 2018 elections. Once the federal census data is released, State law requires the City Council review and adjust the boundaries of its districts to ensure compliance with the Voting Rights Act. Until 2018, Lodi's five City Council Members were elected at -large. In 2018, the City transitioned from at - large to by -district elections. In 2018, elections in Districts 1, 2, and 3 took place. In November 2020, elections in Districts 4 and 5 took place completing the full transition to district -based elections. The transition to district elections was prompted by a letter dated October 31, 2017 from the Mexican American Legal Defense and Educational Fund (MALDEF) asserting that the City's at -large elections violated the California Voting Rights Act (CVRA). New State Legislation Following the City Council's 2018 transition to by -district elections, the State enacted two additional laws governing the redistricting process. The first law, effective January 1, 2020, is called the Fair Maps Act which created standardized redistricting criteria that aimed to keep communities together and to prohibit partisan gerrymandering. It also contains expanded community outreach and public hearing requirements. The second law SB 1018, effective January 1, 2019, expanded the methods for re -drawing district maps. Process for establishing district boundaries S131 018 provides additional methods for adjusting boundaries. There are four methods available to the City of Lodi: (1) the City Council may adopt district boundaries itself; (2) the City Council may appoint an advisory commission to recommend district boundaries for City Council consideration and adoption; (3) the City Council may establish an independent redistricting commission to adopt new boundaries; and (4) the City Council may establish a hybrid independent commission to recommend two or more maps for the Council to consider for adoption. City Council draws own map State law authorizes the City Council draw its own map. This was the process used by the City Council when districts were established in 2018, with the assistance of a demographic consultant. APPROVED: Steve SchwabaUer Stephen Schwabauer, City Manager June 2, 2021 Page 2 Advisory Commission The process for establishing an advisory commission is similar to other local boards and commissions. The commission consists of residents of the City and the City Council specifies the qualifications and selection process for the commissioners. Current City Council Members or family, staff members, or paid campaign staff of a City Council Member may not serve on this Commission. Independent and Hybrid Commissions State law authorizes the City Council to transfer redistricting authority to an independent redistricting commission. The manner of appointment is set by the City Council, but commissioners cannot be appointed directly by the City Council. Commissioners must pass an extensive list of possible areas of disqualification and there are post -service limitations on the members' ability to run for local office, serve on a local board or commission, or seek city employment. The independent commission submits one map that the City Council is not permitted to alter. A hybrid commission is formed in a manner similar to an independent commission and has similar pre - service and post -service limitations, but a hybrid commission is required to submit two or more maps to the City Council and the City Council must select one of the submitted maps. The City Council is not permitted to alter the selected map in any way except as needed to comply with federal or State law. Process for appointing commission There are several methods for selecting commissioners. The main models are described below: City Council appointment Elected officials directly appoint commissioners. The current selection process for the majority of the City's current boards and commission states that following an open application process, the Mayor recommends members from the pool of applicants and the members are then approved or not approved by the full City Council. In some jurisdictions, each City Council Member may each appoint one member. In addition to opening the commission to all residents, the City Council may want to include one or more chairs of existing city commissions. This model of selection is not available if the City Council elects to appoint an independent or hybrid commission. Independent appointment After an open application process, a selection body, which is independent of the City Council, appoints the commissioners. For example, in the City of Escondido a panel of retired judges reviews applications and appoints commissioners. Random draw and commission appointment After an open application process, an independent selection body removes ineligible applicants and creates a sub -pool of the most qualified candidates. A subset of commissioners is then selected at random from that sub -pool. Those commissioners then select the final commissioners from the remaining applicants in the sub -pool. This method follows the model of the State Redistricting Commission. Staff requests that the City Council provide direction as to whether or not to form a redistricting Commission, and if a Commission is to be formed, what type of Commission, and the preferred selection process for members. Additional information regarding district boundary criteria, public hearings, community outreach, and the redistricting timeline will be presented at the June 16, 2021 City Council Meeting. June 2, 2021 Page 2 FISCAL IMPACT FUNDING AVAILABLE Signature: Im&- lo- ,Pvlriifcr[ ti•.i 111 r(May 2 E, 702115: M POTJ Email: jcusmir@lodi.gov Not applicable. Not applicable. Jennifer Cusmir Jennifer Cusmir City Clerk Signature: - .. ... , � r.S.ry ?G. Y[17: 1 O:On PATI Email: sschwabauer@lodi.gov