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Home My WebLink About06 - Creating the City Council Ad Hoc Redistricting CommitteeQ �EwPpRT CITY OF O � z NEWPORT BEACH <,FORN'P City Council Staff Report September 28, 2021 Agenda Item No. 6 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Seimone Jurjis, Community Development Director - 949-644-3232, sjurjis@newportbeachca.gov PREPARED BY: Dan Campagnolo, Systems & Administration Manager, dcampagnolo@newportbeachca.gov PHONE: 949-644-3231 TITLE: Resolution No. 2021-86: Creating the City Council Ad Hoc Redistricting Committee ABSTRACT: For the City Council's consideration is a resolution to create a City Council Ad Hoc Redistricting Committee to provide recommendations to the City Council on City voting district boundaries. Pursuant to Charter Section 1005, the City Council shall appoint a committee to study and report to the City Council on the advisability of redistricting the City following the 2020 national census. The Mayor has selected City Council Members Diane Dixon and Will O'Neill and himself to serve on the Ad Hoc Committee. The committee would automatically sunset after a City Council ordinance has been adopted. RECOMMENDATION: a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; b) Adopt Resolution No. 2021-86, A Resolution of the City Council of the City of Newport Beach, California, Creating the Ad Hoc Redistricting Committee to Study the Adjustment of Voting District Boundaries as a Result of the United States Census Bureau's 2020 Census; and c) Confirm the appointments of Mayor Avery, Council Member Will O'Neill, and Council Member Diane Dixon to serve on the City Council Ad Hoc Redistricting Committee. DISCUSSION: The City of Newport Beach (City) is divided into seven City Council districts. The City's Charter requires the seven City Council districts to be adjusted every 10 years to reflect changes in population following a national census. 6-1 Resolution No. 2021-86: Creating the City Council Ad Hoc Redistricting Committee September 28, 2021 Page 2 The 2020 national census was recently completed, and the results are currently being compiled for an official release on September 30, 2021. Thus, it is appropriate at this time for the City to form a City Council Ad Hoc Redistricting Committee (Committee) to analyze the census results in a public forum and make recommendations regarding the advisability of redistricting the existing seven City Council districts. Pursuant to California Elections Code Section 21620 (Elections Code), the recent Fair Maps Act of 2020 (AB 849), and City Charter Section 1005, the Committee is tasked with studying population growth within the City to ensure that each of the seven City Council districts are balanced in population. The Elections Code allows the Committee and the City Council to consider the following four factors: (1) topography; (2) geography; (3) cohesiveness, contiguity, integrity, and compactness of territory; and (4) communities of interest. City Charter Section 1005 adds the requirement that each district be established in such a manner that the district shall, as nearly as practicable, constitute natural areas of contiguous and compact territory and provide fair representation on the City Council. Section 1005 explicitly provides that no redistricting, if any, shall disqualify any current City Council member from serving the remainder of their current term. The Fair Maps Act of 2020 (AB 849) requires a minimum of four public hearings throughout the redistricting process. One of the public hearings needs to be held prior to the release of the draft maps, two public hearings need to be held after the draft maps are released, and one public hearing needs to be held on the weekend, or after 6 p.m., Monday through Friday. The public hearings must take place at the time they are noticed or shortly thereafter. Therefore, City staff recommends the Committee be designated a Brown Act committee to ensure consistent noticing of agendas and facilitate maximum community involvement to meet these requirements. Staff estimates a maximum of three committee meetings will be required to: (1) review Census 2020 data results and redistricting mapping options; (2) consider public input; and (3) prepare recommendations back to the City Council for final map adoption. In accordance with City Council Policy A-2 (Boards, Commissions, and Committees, the Ad Hoc Committee will be composed of three City Council Members appointed by Mayor Brad Avery and confirmed by the City Council. The Mayor has selected Council Members Diane Dixon and Will O'Neill, and himself, to serve on the Ad Hoc Committee. FISCAL IMPACT: There is no fiscal impact related to this item. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. 6-2 Resolution No. 2021-86: Creating the City Council Ad Hoc Redistricting Committee September 28, 2021 Page 3 NOTICING - The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENT: Attachment A —Resolution No. 2021-86 6-3 ATTACHMENT A RESOLUTION NO. 2021- 86 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, CREATING THE AD HOC REDISTRICTING COMMITTEE TO STUDY THE ADJUSTMENT OF VOTING DISTRICT BOUNDARIES AS A RESULT OF THE UNITED STATES CENSUS BUREAU'S 2020 CENSUS WHEREAS, Section 200 of the Charter of the City of Newport Beach ("Charter") vests the City Council with the authority to make and enforce all laws, rules and regulations with respect to municipal affairs subject only to the restrictions and limitations contained in the Charter and the State Constitution, and the power to exercise, or act pursuant to any and all rights, powers, and privileges or procedures granted or prescribed by any law of the State of California; WHEREAS, Section 1005 of the Charter requires the City Council to appoint a committee to study the advisability of redistricting the City every ten (10) years following the national census; WHEREAS, the United States Census Bureau will officially release the 2020 U.S. Census on September 30, 2021, and , thereafter, the committee can evaluate whether the council district boundaries should be adjusted in accordance with California Elections Code Section 21620 et seq. and Section 1005 of the Charter; and WHEREAS, the City Council desires to create the Ad Hoc Redistricting Committee to analyze the 2020 U.S. Census and make recommendations to the City Council regarding any adjustments to the council district boundaries that may be necessary. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council hereby creates an Ad Hoc Redistricting Committee, comprised of three (3) Council Members, appointed by the Mayor and confirmed by the entire City Council, to study the advisability of redistricting the council district boundaries and to make recommendations) to the City Council in regards thereto. Section 2: The Ad Hoc Redistricting Committee shall be an advisory committee subject to the Brown Act and shall be charged with the purpose and responsibilities set forth in Exhibit "A." Resolution No. 2021 - Page 2 of 2 Section 3: The Ad Hoc Redistricting Committee shall sunset automatically at such time as the City Council adopts an ordinance at a public hearing confirming or changing and redefining the boundaries of any or all the seven (7) City Council districts. Section 4: The recitals provided in this resolution are true and correct and are incorporated into the substantive portion of this resolution. Section 5: The City Council finds the adoption of this resolution is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Section 6: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 28th day of September, 2021. Brad Avery Mayor ATTEST: Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY TTORNEY'S OFFICE c AaAon C. Harp City Attorney Attachment: Exhibit A — City Council Redistricting Committee 6-5 EXHIBIT A CITY COUNCIL REDISTRICTING COMMITTEE AUTHORIZATION: Established by Resolution No. 2021-_, adopted on September 28, 2021. MEMBERSHIP: Three (3) members of the City Council, appointed by the Mayor and ratified by the City Council. The Mayor shall identify the chair of the Committee. The Committee shall be primarily assisted by the Community Development Department with as -needed assistance provided by the City Clerk and the Office of the City Attorney. TERM: Automatically sunsets upon adoption of a City Council ordinance at a public hearing confirming or changing and redefining the boundaries of any or all the seven (7) City Council districts. RESPONSIBILITIES: 1. Preparation of a redistricting plan, if necessary, with alternatives on establishing City Council district boundaries which, as nearly as practicable, that constitute natural areas of contiguous and compact territory, 2. Preparation of a redistricting plan, if necessary, which will create City Council districts, containing nearly equal numbers of people, to provide fair representation on the City Council; 3. Conduct Ad Hoc Redistricting Committee meetings in accordance with the Ralph M. Brown Act as set forth in the California Government Code Section 54950 et seq. and California Elections Code Section 21627.1; and 4. Report back to the City Council with recommendations for redistricting the City, consistent with this Resolution.