REPORT TO COUNCIL
SUBJECT
Title
Discussion and Direction on Ordinance Establishing a Public Process for Redistricting
Report
BACKGROUND
Sunnyvale voters adopted a six-district Council election system with a directly-elected mayor (Measure B) on March 3, 2020. As part of Measure B (Sunnyvale City Charter section 609(b)), Council must adopt an ordinance establishing a public process for redistricting. Staff provided an overview of the redistricting process at a study session on January 12. Council discussed options at its Council Strategic Session on January 28. It provided direction on key components of a draft ordinance on February 2 and February 23, summarized in Attachment 1.
EXISTING POLICY
Sunnyvale City Charter section 609(c): “The City Council shall adopt an ordinance establishing a public process for redistricting. Such ordinance shall be adopted in sufficient time for redistricting following release of the 2020 federal Census.”
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” with the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines sections 15320,15378 and 15061(b)(3) as it is an organizational structure change and does not have the potential to result in either a direct or reasonable foreseeable indirect physical change in the environment.
DISCUSSION
Staff revised the draft Ordinance (redline of prior draft is Attachment 2, clean copy is Attachment 3) based on the City Council’s feedback on February 23. Key updates in the draft for this meeting include:
• Revisions and clarifications to the review process for proposed maps by the Redistricting Commission and the City Council (section 2.31.020(c)(4)).
• A new section that addresses scenarios of inaction by either the Redistricting Commission or the City Council (section 2.31.020(c)(5)).
• Changes related to alternate redistricting commissioners, including increasing the number of alternates from a total of three to a range of three to seven, and allowing alternates to fill in and vote in the absence of a regular commission member based on a specified priority order determined by the Mayor (section 2.31.030(b)).
• Updates to redistricting commissioner qualifications and eligibility requirements for commissioners (sections 2.31.030(c) (3)-(4)).
• Simplified restrictions on redistricting commissioner activity during and after service (section 2.31.030(c)(5))
Staff also prepared a draft Redistricting Commission application for Council consideration (Attachment 4). The draft application borrows elements from the Citizen’s Advisory Committee (CAC) application (Attachment 5). The CAC advised staff on outreach efforts related to a transition to district-based elections.
Staff is seeking feedback on the revised draft Ordinance and draft Redistricting Commission application. Staff proposes that the Council direct staff to finalize the draft Ordinance establishing a redistricting process for introduction on March 30 with adoption scheduled for April 6. The Redistricting Commission application would open on April 12 and close on May 31.
FISCAL IMPACT
There is no fiscal impact at this time. Staff estimates that the public process for redistricting will cost approximately $150,000. Staff will request funding at a later time.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City's official-notice bulletin board outside City Hall, Sunnyvale Public Library and Department of Public Safety. In addition, the agenda and report are available at the Office of the City Clerk and on the City's website.
STAFF RECOMMENDATION
Recommendation
Discuss and provide direction to staff on the draft redistricting ordinance. Direct staff to introduce the Draft Ordinance Establishing a Public Process for Redistricting on March 30, 2021.
Staff
Prepared by: Jaqui Guzmán, Deputy City Manager and Melissa Tronquet, Assistant City Attorney
Reviewed by: Teri Silva, Assistant City Manager
Approved by: Kent Steffens, City Manager
ATTACHMENTS
1. Redistricting Commission Components
2. Draft Ordinance- Redline
3. Draft Ordinance- Clean
4. Draft Application for Redistricting Commission
5. 2019 CAC Application