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HomeMy WebLinkAboutOrd 1356 Conduct - 5th PH Creation of Voting District California Voting Rights Act (CVRA) - Boundary MapsORDINANCE NO. 1356 STAFF REPORT CITY OF PALM DESERT CITY MANAGER'S OFFICE MEETING DATE: April 16, 2020 PREPARED BY: Lauri Aylaian, City Manager REQUEST: Conduct the fifth public hearing on creation of voting districts, receiving community input on the draft Council district boundary maps; select one of the proposed, population -compliant maps of district boundaries; confirm the current proposed election sequencing in order to implement district voting in time for the general election on November 3, 2020; introduce for first reading an ordinance relating to election of city council members by districts and ranked choice voting. Recommendation (1) Conduct the fifth public hearing on the creation of voting districts in the City. (2) Receive community input on the draft Council district boundary maps. (3) Make final selection of proposed, population -compliant maps of the district boundaries. (4) Confirm the current proposed election sequencing in order to implement district voting in time for the November 3, 2020 general election. (5) Introduce, read by title only, and waive further reading of Ordinance No. 1356, relating to election of city council members by districts and ranked choice voting. Updated Background (Attached is the staff report for the March 26, 2020 meeting which provides a comprehensive background report as of that date.). Since the City Council meeting of March 26th, the districting subcommittee of the City Council has met several times with legal consultants to discuss implementing changes in the maps as discussed at the March 26th meeting. Those proposed changes have also been discussed with the plaintiffs' legal counsel. Those discussions have yielded a consensus map, NDC 7, which has been approved by plaintiffs and which the subcommittee will recommend to the City Council for approval. April 16, 2020 — Staff Report By -District Voting — 5th Public Hearing Page 2 of 4 All ❑f the maps that have been submitted by the public and the City's demographer are available for residents to review and have been available for the legally sufficient time prior to this fifth public hearing. All public hearings have been held In compliance with state law. The City Council may now adopt a map establishing districts. Proposed Ordinance Election of Citv Council The members of the City Council are currently elected through an at -large election system, which means that the electors from the entire City vote for the council members. Under Government Code Section 34886, the City Council may adopt an ordinance that requires the City Council to be elected by district. The proposed Ordinance, if adapted, will accomplish this final step. The following changes have been made in the proposed ordinance since the March 2611 meeting: "downtown core" has been changed to "Civic Center core" in section 2.38.040(D). 2. Section 2.38.050(A)(2)( e) has been clarified to read: "Highest -ranked continuing candidate" means the ranking on a voter's ballot with the lowest numerical value for a continuing candidate, i.e., 2nd is lower than 3rd, and equals a higher rank. 3. The reference in section 2.38.050(A)(2)(m) to "paragraph (2) of subdivision (b) of Section 103" has been corrected to specify "2.38.050(B)(4)(b)(2).". The proposed Ordinance does the following: • States that the City is divided into two council districts; • References the "City of Palm ❑esert District Map" chosen by the City Council which provides geographic descriptions of both districts; ■ States that one of the districts, including approximately twenty percent (20%) of the city's residents, would encompass the Civic Center core and elect one (1) Council member. The second district would include the remainder of the City (about eighty percent (80%) of the residents) and elect four (4) Council members. Requires that Council members live and be registered to vote in the district in which they seek to hold office. April 16, 2020 — Staff Report By -District Voting — 5th Public Hearing Page 3 of 4 • Clarifies that only residents of a district can vote for Council member(s) in that district. • States that districts may be adjusted after each federal census. In this instance, districts may be redrawn in 2021 after the 2020 federal census. • States that if the City annexes land, the district boundaries will be amended if necessary. • Provides for the transition from at large elections to districts and confirms that no term of office to which a Councilmember has been elected shall be cut short. Ranked Choice Votinq Ranked Choice Voting is a method that allows voters to rank candidates for elected office in order of preference. The ballot allows voters to assign a different ranking to every candidate, as well as to write-in candidates. Voters may rank as few or as many candidates as they prefer. The proposed ordinance includes information on how voting proceeds in various rounds in both single -seat and multi -seat elections. Tabulations and rounds continue until all available seats are filled. The elections official (the City Clerk) will post a report summarizing the results of each election. In addition, the City will conduct a voter education and outreach campaign for the first two elections that use ranked choice voting. Public Notice A Notice of Public Hearing regarding the consideration of maps for establishment of by - district elections was published in the Desert Sun on April 5, 2020, for the fifth public hearing (April 16, 2020). Fiscal Impact There is no fiscal impact to the General Fund associated with the conduct of this public hearing. April 16, 2020 — Staff Report By -District Voting — 5th Public Hearing Page 4 of 4 DISTRICT ELECTIONS PROCESS TIMELINE City of Palm Desert 73-510 Fred Waring Drive, Palm Desert, CA 92260 ph. 760.346.0611 Note: All future dates are tentative 1st Community Meeting: Presentation to community regarding January 15, 2020 process and purpose of transition from at -large to by -district election system 2nd Community Meeting: Presentation to community regarding February 12, 2020 the map drawing process and purpose of transition from at -large to by -district election system 1st Public Hearing without maps: gather public input on the February 13, 2020 composition of zones 2nd Public Hearing without maps: gather public input on the February 27, 2020 composition of zones Ongoing City Council and community outreach to educate and encourage public participation in mapping options March 12 and 26, 3rd and 4th Public hearings: City Council hearings to consider 2020 and select new district maps April 16 5th Public Hearing: Adoption of district maps by City Council May through Voter outreach and education on new election format, including November 2020 ranked choice voting November, 2020 First by -district election in two districts on November 3, 2020 2021 Districts redrawn to reflect 2020 census data LEGAL REVIEW DEPT. REVIEW FINANCIAL REVIEW ASSISTANT CITY MANAGER W} f 2d N/A N/A Robert W. Andy Firestine Hargreaves Lauri Aylaian Janet M. Moore Assistant City City Attorney City Manager Director of Finance Manager City Manager Lauri Aylaian: 29 ATTACHMENTS: Ordinance No. 1356 Maps Ely1, NDC5, NDC7 (to be provided as soon as available) Legal Notice Correspondence Received since March 26, 2020 March 26, 2020 Staff Report ORDINANCE NO. 1356 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING SECTION 2.38.040 TO CHAPTER 2.38, TO THE PALM DESERT MUNICIPAL CODE RELATING TO ELECTION OF CITY COUNCIL MEMBERS BY DISTRICTS AND RANKED CHOICE VOTING. WHEREAS, the City Council of the City of Palm Desert, California ("City Council") has determined that it is in the best interest of the City to shift from its current at large election system to a by district election for members of the City Council using ranked choice voting; and, WHEREAS, the City held its first and second community meeting on January 15, 2020, and February 12, 2020, respectively, regarding the process and purpose of transition from at -large to by -district election system; and, WHEREAS, the City held its first and second public hearings without maps to gather public input on the composition of zones on February 13, 2020, and February 27, 2020, respectively; and, WHEREAS, the City held its third and fourth public hearings to discuss the process of defining district boundaries and preparing maps on March 12, 2020, and March 26, 2020, respectively; and, WHEREAS, the City continues to engage in public outreach by posting updates and information on www.representpd.org, Facebook and NextDoor, and through traditional media, mass mailings, and distribution of informational bulletins to faith -based organizations and schools. NOW, THEREFORE, IT SHALL BE ORDAINED by the City Council of the City of Palm Desert, California, as follows: SECTION 1. Recitals. The City Council of the City of Palm Desert, California, hereby finds that the foregoing recitals are true and correct and are incorporated herein as substantive findings of this Ordinance. SECTION 2. Amendment to Municipal Code. Palm Desert Municipal Code Section 2.38.040 Election of City Council of Chapter 2.38 General Municipal Elections is hereby added as follows: "Section 2.38.040. Election of City Council. A. Definitions. The following definitions apply to this Section: "By district" as used in this Section shall mean election of members of the City Council by voters of the district alone. 72500.00926V32822578.1 03/26/20 ORDINANCE NO. 1356 "Geographical area making up the district" shall mean the district. B. Number of Districts. Pursuant to Government Code section 34871(a), the City of Palm Desert is divided into two (2) council districts. C. Boundaries and Numbering of Each District. Descriptions of the boundaries of each district and their numbering are as shown on the attached Exhibit A along with a map entitled "City of Palm Desert District Map," a copy of which shall be on file in the City Clerk's office. D. Election of Citv Council. Members of the City Council shall be elected "by districts" from two districts as provided herein. One of the districts, including approximately twenty percent (20%) of the city's residents, would encompass the Civic Center and elect one (1) Council member. The second district would include the remainder of the City (about eighty percent (80%) of the residents) and elect four (4) Council members. Except as provided in Subsection F, entitled Transition to District Elections, a Council member of either district must live in that district and must be a registered voter in that district to be eligible to hold office for that district. Only voters who live in a district shall be eligible to vote in the election for Council member(s) of that district. E. Amendment of District Boundaries. Pursuant to Elections Code section 21601, as it may be amended, the City Council shall adjust the boundaries of any or both of the districts following each decennial federal census. Using the census as a basis, the City Council shall adjust the boundaries in compliance with all applicable provisions of law. At the time of any annexation of territory to the City, the City Council shall designate, by resolution adopted by a vote of at least a majority of the City Council, the contiguous district to which the annexed territory shall be a part and shall amend the district boundaries if necessary in accordance with Elections Code section 21603, as it may be amended. Pursuant to Elections Code section 21606, the term of office of any council member who has been elected and whose term of office has not expired shall not be affected by any change in the boundaries of the district from which he or she was elected, whether or not that council member is a resident within the boundaries of the district as adjusted. At the first election for council following adjustment of the boundaries of the districts, a person meeting the requirements of Government Code section 34882 shall be elected to the City Council for each district under the readjusted district plan that has the same district number as a district whose incumbent's term on the council is due to expire. F. Transition to District Elections. In 2020, one council member shall be elected by District 1 (the "core" district) and two council members shall be elected from District 2. In 2022, two council members shall be elected from District 2. Terms of office shall be four years. Each incumbent Council member elected at large shall be allowed to complete the term for which they are elected regardless of the district 2 ORDINANCE NO. 1356 of residency so long as they otherwise remain eligible to hold the office and have not been removed for cause or elected to another office. SECTION 3. Amendment to Municipal Code. Palm Desert Municipal Code Section 2.38.050 Ranked Choice Voting of Chapter 2.38 General Municipal Elections is hereby added as follows: "2.38.050 Ranked Choice Voting A. General Provisions 1. Ranked choice voting is a method that allows voters to rank candidates for elected office in order of preference. Elections conducted by ranked choice voting are tabulated in rounds, as specified in this Section. 2. For purposes of this Section, the following terms have the following meanings: (a) "Batch elimination" means the simultaneous defeat of two or more continuing candidates because it is mathematically impossible for those candidates to receive enough votes to become designated as elected before being designated as defeated. (b) "Continuing candidate" means a candidate who has not yet been designated as elected or defeated. (c) "Election threshold" means the number of votes sufficient for a candidate to be elected in a multi -seat contest. The election threshold equals the total votes counted in the first round of tabulation, divided by the sum of one plus the number of offices to be filled, then adding one, disregarding any fractions. Winning threshold = ((Total votes cast)/(Seats to be elected+l)) +1, with any fraction disregarded. The Secretary of State may approve alternate formulas to calculate the election threshold as long as any alternate formula produces a threshold that is no greater than the total votes counted in the first round of tabulation divided by the number of offices to be filled ((Total votes cast)/(Seats to be elected)), nor no smaller than the total votes counted in the first round of tabulation divided by one more than the number of offices to be filled, then adding one, disregarding any fractions ((Total votes cast)/(Seats to be elected+l) +1). (d) "Elimination batch" means a group of two or more candidates who can be simultaneously defeated through batch elimination because it is mathematically impossible for those candidates to be elected. (e) "Highest -ranked continuing candidate" means the ranking on a voter's ballot with the lowest numerical value for a continuing candidate, i.e., 2►,d is lower than 3rd, and equals a higher rank. 3 ORDINANCE NO. 1356 (f) "Inactive ballot" means a ballot that does not contain a continuing candidate, or that has reached an overvote, making the ballot unable to be transferred to another continuing candidate. (g) "Multiseat election" means an election in which two or more candidates can be designated as elected in a single contest to fill multiple seats in the same publicly elected office. This may also be referred to as a multi -winner election. Multiseat elections using ranked choice voting may be referred to as single transferable vote. (h) "Overvote" means an instance in which a voter has ranked more than one candidate at the same ranking. (i) "Ranking" means the number assigned to a candidate that establishes the order in which a ballot is transferred to that candidate. The ranking with the lowest numerical value indicates the voter's highest -ranked continuing candidate, with the rankings increasing in numerical value for the voter's lower -ranked continuing candidates. (j) "Seat" means an elected position occupied by one person, one or more of which form a publicly elected office. (k) "Skipped ranking" means a voter has left a ranking order unassigned but ranks a candidate at a subsequent ranking order. (1) "Surplus" or "surplus fraction" means a number equal to the quotient of the difference between an elected candidate's vote total and the election threshold, divided by the candidate's vote total (or (V-T)N, in which "V" is the elected candidate's vote total and "T" is the election threshold), rounded down to four decimal places, ignoring any remainder. (m) "Transfer value" means the proportion of a vote that a ballot will contribute to its highest -ranked continuing candidate. Each ballot begins with a transfer value of 1. If a ballot contributes to the election of a candidate under paragraph 2.38.050(13)(4)(b)(2), it receives a new transfer value. 3. (a) A ballot that does not contain a continuing candidate shall count as an inactive ballot. (b) If a ballot contains a skipped ranking, the ballot shall be transferred to the highest -ranked continuing candidate. (c) If a ballot contains an overvote, it shall count as an inactive ballot when the overvote is reached. 4 ORDINANCE NO. 1356 4. If two or more candidates are tied with the fewest number of votes and cannot be defeated through batch elimination, the candidate to be defeated shall be determined by lot. 5. If a special election to fill one or more vacancies with ranked choice voting is consolidated with an election to elect one or more other members of the elected body to full terms using ranked choice voting to create a single, multiseat election, the full terms shall be awarded to the candidates declared elected first, and the vacancies awarded to the candidates declared elected last. If two or more candidates are declared elected in the same round, the candidates with larger surpluses shall be considered elected before the candidates with smaller surpluses, in the order of the size of the surplus. If two or more candidates that are declared elected in the same round have equal surpluses, the order of their election shall be determined by lot. B. Vote Counting 1. This Subsection establishes the procedures for electing candidates in multiseat elections using ranked choice voting. 2. A ballot shall allow voters to assign a different ranking to every candidate, as well as to write-in candidates. If the city's voting equipment cannot feasibly accommodate that number of rankings on the ballot, the elections official (the "elections official" is the City Clerk of the City of Palm Desert) may limit the number of choices a voter may rank to the maximum number allowed by the equipment. 3. In an election conducted by ranked choice voting, the elections official shall provide ballot instructions that make clear the proper voting procedures for voting in a ranked choice voting election. 4. In a multiseat election conducted by ranked choice voting, tabulation proceeds in rounds as follows: (a) If, in the initial tabulation, the number of continuing candidates is less than or equal to the number of seats to be filled, then all continuing candidates are elected and tabulation is complete. Otherwise, tabulation proceeds to an additional round as described in paragraph (2) of subdivision (b). (b) An additional round of tabulation shall proceed as follows: (1) Each ballot shall count, at its current transfer value, for the highest -ranked continuing candidate on that ballot. If the number of elected candidates or the sum of the number of elected candidates and the number of continuing candidates is equal to the number of seats to be filled, then all continuing candidates are designated as elected, and tabulation is complete. Otherwise, the tabulation proceeds pursuant to paragraph (2). 5 ORDINANCE NO. 1356 (2) If any continuing candidate has a number of votes greater than or equal to the election threshold for the contest, that candidate shall be designated as elected. Each ballot counting for an elected candidate is assigned a new transfer value by multiplying the ballot's current transfer value by the surplus fraction for the elected candidate, rounded down to four decimal places and ignoring any remainder. If each of two or more candidates has a number of votes greater than or equal to the election threshold for the contest at the same time, the surpluses may be distributed simultaneously or in rounds in which the largest surplus is distributed first. Each candidate elected under this paragraph is deemed to have a number of votes equal to the election threshold for the contest in all future rounds and a new round begins pursuant to paragraph (1). (3) If no candidate is elected pursuant to paragraph (2), then, if batch elimination is used and any candidates qualify for an elimination batch, any candidates in the elimination batch are defeated through batch elimination. Otherwise the candidate with the fewest votes is defeated and votes for the defeated candidates shall be transferred to each ballot's next -ranked continuing candidate and a new round begins pursuant to paragraph (1). 5. (a) Jurisdictions using ranked choice voting may eliminate multiple candidates through batch elimination. If batch elimination is used, candidates shall be eliminated in batches as described in paragraph (3) of subdivision (b) of Section 103. (b) A continuing candidate is in the elimination batch if the number of elected and continuing candidates with more votes than that candidate is greater than or equal to the number of seats to be filled, and it is mathematically impossible for that candidate to be elected for any of the following reasons: (1) The candidate has fewer votes than any other continuing candidate. (2) The candidate's current vote total plus the sum of current votes for continuing candidates with fewer votes would not be enough to equal or surpass the continuing candidate with the next highest current vote total. (3) The candidate has a lower current vote total than a continuing candidate described in paragraph (2). (c) If a candidate is defeated through batch elimination, votes for that candidate shall be transferred to each ballot's next -ranked continuing candidate. C. Reporting. meanings: For purposes of this Section, the following terms have the following A ORDINANCE NO. 1356 (a) "Ballot report" means a report that lists all of the following for each ballot counted in the tabulation: (1) The candidate or candidates indicated at each ranking. (2) The precinct in which the ballot was cast. (3) Whether the ballot was cast by mail. (b) "Summary report" means a report that lists all of the following: (1) The number of ballots counted. (2) The votes received by each candidate in each round of the tabulation. (3) The cumulative number of inactive ballots. (4) Any additional information the jurisdiction chooses to include, such as the cumulative number of inactive ballots that were counted as inactive for any of the following reasons: (A) The ballot reached an overvote. (B) All candidates on the ballot were designated as elected or defeated. (c) "Comprehensive report" means a report that, for each precinct, lists all of the information required in a summary report. 2. (a) An elections official shall publish a summary report for the final tabulation of the official canvass in conjunction with the certified statement of the results. The elections official shall also publish at least one of the following reports for the final tabulation of the official canvass: (1) A comprehensive report. (2) A ballot report. (b) A report generated pursuant to this section shall reflect the vote count at the point when the votes have been counted toward each continuing candidate but before the transfer of elected candidates' surplus or candidates have been subsequently designated as defeated. The report shall also reflect each ballot counted as an inactive ballot as having the number of votes equal to the ballot's transfer value. (c) A ballot report generated pursuant to this section shall not permit the order in which the votes were cast in each precinct to be reconstructed. An overvote ranking shall be reported without reporting to which candidates the ranking was assigned. 7 ORDINANCE NO. 1356 (d) If the elections official determines that tabulation of all rounds is not feasible on election night, the elections official may provide the contest tabulation report totals for only the first round of tabulation or only a tally of highest -ranked continuing candidates in the initial tabulation. (e) For a contest that is tabulated with a voting system, the elections official shall do all of the following: (1) Tabulate the results as soon as the elections official determines it is feasible after the close of the polls, and publish the corresponding summary report. (2) Tabulate the results for the last preliminary results on election night and publish a corresponding summary report. (3) Publish the corresponding ballot report whenever the results of a tabulation is published, except if tabulation is limited pursuant to subdivision (b). (f) This section does not prohibit an elections official from including additional information in any report. 3. An elections official shall promptly post a report made available to the public on the official's internet website. A ballot report made available pursuant to this Section shall be provided in a plain text electronic format and need not be published by other means. If an elections official does not have an internet website, the elections official shall promptly make the report available to the public by other means and shall notify the public of the report's location through a notice prominently displayed in an appropriate location in their office. D. Definitions. For purposes of this chapter, the following terms have the following meanings: (a) "Additional supported language" means a language for which the City is required to provide voting materials and assistance under the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.) or for which the Secretary of State has determined that it is necessary to provide facsimile ballots at a precinct within the jurisdiction pursuant to subdivision (c) of California Elections Code § 14201. (b) "Additional supported language community" means a community that speaks an additional supported language. 2. (a) the City shall conduct a voter education and outreach campaign before each election conducted pursuant to this Section, until the conclusion of the second general election conducted in this manner. A campaign conducted pursuant to this Section shall include public meetings and public service announcements through different media, including media serving additional supported language communities, if available, ORDINANCE NO. 1356 to familiarize voters with that election method. Materials and information disseminated as part of the campaign shall be provided in all additional supported languages and shall be accessible to individuals with disabilities. (b) the City shall, in collaboration with the county elections official, develop a plan describing how it will conduct the voter education and outreach campaign required by this section. The plan shall include all of the following information: (1) How the City will use media, which may include digital media, newspapers, radio, and television, to inform voters about an upcoming election. (2) What information will be publicly available on the elections official's internet website. (3) What information will be included in the sample ballot and vote by mail materials. (4) How the City will conduct direct outreach to voters, including voters with disabilities. (5) How the City will have a community presence to educate voters, including voters with disabilities. (6) How the City will educate voters within each additional supported language community. (c) Before finalizing its plan, the City shall publish a draft plan and hold, at least 10 days after publication of its plan, at least one regular public meeting to discuss the plan. The shall also make a good faith effort to invite each of the following to at least one of those public meetings: (1) Representatives, advocates, and other stakeholders representing each additional supported language community. (2) Representatives from the disability community and community organizations and individuals that advocate on behalf of, or provide services to, individuals with disabilities. (d) All materials provided by the voter education and outreach campaign, including materials provided on the internet website of the elections official, sample ballots and vote by mail materials, and materials provided through direct outreach and community presence, shall be provided in the additional supported languages and shall be accessible to individuals with disabilities. (e) If multiple jurisdictions within the same county are conducting ranked choice voting elections, the jurisdictions may combine or coordinate their voter education plans and voter education and outreach campaigns. E ORDINANCE NO. 1356 (f) The City may partner or coordinate resources with nongovernmental organizations to conduct its voter education and outreach campaign." SECTION 4. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or any part thereof, is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase be declared unconstitutional. If for any reason any portion of this Ordinance is found to be invalid by a court of competent jurisdiction, the balance of this Ordinance shall not be affected. SECTION 5. Certification and Publication. The City Clerk of the City of Palm Desert shall certify to the adoption of this Ordinance and cause publication to occur in a newspaper of general circulation and published and circulated in the City in a manner permitted under California Government Code Section 36933. SECTION 6. CEQA. The City Council finds that adoption of this Ordinance is not a "project," as defined in the California Environmental Quality Act because it does not have a potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment and concerns general policy and procedure making. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Palm Desert on the day of , 2020, by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA GINA NESTANDE, MAYOR APPROVED AS TO FORM: ROBERT W. HARGREAVES CITY ATTORNEY 10 ORDINANCE NO. 1356 State of California ) County of Riverside ) s.s. City of Palm Desert ) I, Rachelle D. Klassen, City Clerk, hereby certify that the foregoing is a true copy of Ordinance No. , introduced at a regular meeting held on the day of 2020, and duly adopted by the City Council of the City of Palm Desert, California at a regular meeting thereof held the day of , 2020. AYES: NOES: ABSTAIN: ABSENT: 11 Rachelle D. Klassen, City Clerk ORDINANCE NO. 1356 EXHIBIT A PALM DESERT DISTRICT MAP [The Palm Desert District Map is to be selected by the City Council from the maps provided in the City Council Agenda Packet.] 12 CITY OF PALM DESERT, CALIFORNIA NOTICE OF PUBLIC HEARING ABOUT PROPOSED DRAFT MAPS AND BOUNDARIES FOR THE CITY'S TRANSITION TO A BY -DISTRICT ELECTION SYSTEM NOTICE IS HEREBY GIVEN that the City of Palm Desert will conduct a public hearing regarding the various maps of City Council Districts proposed by the City's demographer and members of the public in connection with the process of transitioning from at -large to by -district elections. On Thursday, April 16, 2020, the City Council will hold a public hearing at 4:00 p.m., or as soon thereafter as practicable, at the Palm Desert City Council Chamber, 73-510 Fred Waring Drive, Palm Desert, California 92260, in order to continue receiving public input and discussing composition of the districts in the process of defining district boundaries and preparing maps. Proposed maps and more information are available at www. representpd.orq. The hearing will be conducted in accordance with the City's emergency protocols for social distancing. Options for remote participation will be listed on the Posted Agenda for the meeting at: https://www.citvofi)almdesert.ora/our-citv/mavor-and-city-council- /city-council-meetinq-information-center At the end of the hearing, the City Council may select a map and conduct the first reading of an ordinance to adopt said map. Dated: April 2, 2020 RA HE LE D. KLASSE ITY CLERK CITY OF PALM DESERT, CALIFORNIA City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260-2578 www.citvofpalmdesert.ora Klassen, Rachelle Subject: FW: Boundary for Council District From: Darrell Cozen (mailto:mem4321@aol.comj Sent: Thursday, April 02, 2020 11:12 AM To: Information Mail <info@citvofoaimdesert.org> Subject: Boundary for Council District Dear City Manager: I have been a resident of Palm Desert for three years since moving from Pasadena, where I retired from a career in city planning. I was able to watch your recent City Council meeting where you picked a boundary for the new Council districts. I think the Council made an excellent choice from among the options that were presented. I understand that the Council will be considering minor changes to improve the boundary between the two districts, and I have a couple of suggestions. First, the boundary through the middle of El Cortez Way divides a neighborhood in two. If that boundary were moved to the back property line behind the houses on the north side of El Cortez, the neighborhood would remain intact and the boundary would be between two very different neighborhoods, as there is a gated condominium development to the north. Second, the addition of houses on the north side of El Cortez might make the population too large in that district. I noted that on the west side of Monterey, the Fleetwood Circle condominium (Monterey Sands) is included in District 1. That neighborhood has more in common with the majority of Palm Desert than with this district. My parents used to own a condominium there; so I am familiar with this neighborhood. Third, there are few residents in the College of the Desert or the Civic Center. My preference would be to put assets of citywide significance in the 80% district so that four Council Members would have allegiance to those important assets of the community. This is how Pasadena divided up its districts forty years ago, and it has worked extremely well. There five of the seven districts touch the downtown area; so five Councilmembers feel the "downtown" is in their district and treat anything that happens "downtown" like it is in their district. The college and civic center could easily be moved to the big district, while keeping the smaller one intact as a residential district. I hope these comments will be worth considering. Thank you for your time. Darrell Cozen 1011 Sandpiper Street Sent from Mail for Windows 10 ORDINANCE NO. 1356 STAFF REPORT CITY OF PALM DESERT CITY MANAGER'S OFFICE MEETING DATE: March 26, 2020 PREPARED BY: Lauri Aylaian, City Manager REQUEST: Conduct the fourth public hearing on creation of voting districts, receiving community input on the draft Council district boundary maps; select one of the proposed, population -compliant maps of district boundaries; confirm the current proposed election sequencing in order to implement district voting in time for the general election on November 3, 2020; introduce for first reading an ordinance relating to election of city council members by,districts and ranked choice voting. Recommendation (1) Conduct the fourth public hearing on the creation of voting districts in the City. (2) Receive community input on the draft Council district boundary maps. (3) [Potentially] Make final selection of proposed, population -compliant maps of the district boundaries. (4) Confirm the current proposed election sequencing in order to implement district voting in time for the November 3, 2020 general election. (5) Introduce, read by title only, and waive further reading of Ordinance No. 1356 relating to election of city -council members by districts and ranked choice voting. Background The California Voting Riahts Act (CVRA): The California Voting Rights Act, Elections Code Sections 14025-14032, was enacted in 2002 to implement the California constitutional guarantees of equal protection and the right to vote. It provides a private right of action to members of any protected class where an at -large election system impairs the ability of a protected class to elect candidates of its choice or its ability to influence the outcome of an election. March 26, 2020 — Staff Report By -District Voting — 4th Public Hearing Page 2 of 8 The CVRA allows for legal challenges to any at -large system within a jurisdiction, seeking a court order that a jurisdiction convert to a by -district election system. At - large is a designation system in which members of a governing body are elected to represent the whole city, rather than a subset of the city. In contrast, district voting systems are ones in which a city is divided into separate geographic districts, each of which elects its own representatives) who reside(s) in the district and who is/are elected only by the voters residing in that district. A violation of the CVRA may be established if it is shown that racially polarized voting has combined with an at -large voting system to impair the ability of a protected class of voters to elect candidates of its choice or to influence the outcome of an election. "Racially polarized voting" under the CVRA means voting in which there is a difference between the choice of candidates (or other electoral choices) that are preferred by voters in a protected class and in the choice of candidates (and electoral choices) preferred by voters in the rest of the electorate as defined by federal law under the federal Voting Rights Act. Nor does the CVRA require a plaintiff to show racial discrimination by the jurisdiction or other discriminatory intent. The CVRA also allows successful plaintiffs to recover attorneys' fees. No public entity has successfully defended itself against a CVRA challenge; some jurisdictions have paid millions of dollars in plaintiffs' attorney fees trying to do so. Citv of Palm Desert History Relatina to the California Votina Rights Act: The City of Palm Desert currently elects its City Council through an "at -large" electoral system in which each council member may reside anywhere within the City's boundaries, and each council member is elected by the entire electorate., On 18 September 2017, the City received a letter from Kevin Shenkman of the law firm of Shenkman & Hughes, alleging that the City's at -large electoral system violates the CVRA. Mr. Shenkman claimed there is evidence of Latino "polarized voting" in the Palm Desert electorate and threatened litigation if the City did not adopt a by -district electoral system. Based on information provided by consultants at that time, the' City did not respond to the allegations contained in Mr. Shenkman's letter. On 5 June 2019, Lorraine Salas and Karina Quintanilla, represented by Shenkman & Hughes in Malibu and Goldstein Borgen Dardarian & Ho in Oakland, filed a lawsuit against the City of Palm Desert alleging violation of the CVRA based on.the City's continued use of an at -large voting system. March 26, 2020 — Staff Report By -District Voting — 4th Public Hearing Page 3 of 8 The City does not believe that the record establishes Latino racially -polarized voting has occurred in the City in violation of the CVRA. However, it recognizes that numerous public agencies throughout California have faced challenges to their at -large election systems and that such litigation is extremely expensive. With that in mind, the City of Palm Desert entered into negotiations with the plaintiffs and their attorneys with the goal of settling the lawsuit in a manner consistent with the best interests of all residents of the City. On 12 December 2019, the City of Palm Desert and plaintiffs Salas and Quintanilla announced a settlement of the lawsuit filed by the plaintiffs' attorneys. Key elements of the settlement agreement -include conducting a public hearing process to configure two voting districts in the city of Palm Desert, and instituting ranked choice voting in both districts (if feasible). One of the districts, including approximately 20% of the city's residents, would encompass the downtown core and elect one council member. The second district would include the remainder of the city (about 80% of the residents) and elect four council members. Both the City Council and the plaintiffs must ultimately agree to the district boundaries, which are intended to fulfill the goals of the California Voting Rights Act and of the City's 2013 Strategic Plan and 2017 General Plan. General: This staff report was prepared to accompany the fourth public hearing during which interested parties may offer input conceming the boundaries of districts that will comply with the California Voting Rights Act and the draft maps proposed for consideration. Additional public hearings will be conducted at dates that are defined later in this report. Communitv Outreach Staff has posted information about the process of transitioning from at -large to by - district elections on www.representod.ora, Facebook and NextDoor, engaged with traditional media, issued mass mailings to every residential and business mailing address in the city, distributed informational flyers through faith -based organizations and schools, and conducted informational workshops for interested parties on January 15 and February 12, 2020. l A Notice of Public Hearing regarding the consideration of maps for establishment of by - district elections was published in the Desert Sun on March 15, 2020, for the fourth public hearing (March 26, 2020). Staff acknowledges that the current coronavirus pandemic may result in decreased attention to, and public input regarding, the creation of district maps. However, in light of the comprehensive community outreach conducted to date, and with the objective of implementing changes in time for the November 2020 general election, staff advises the City Council that a map must be selected, and the first reading of the supporting ordinance must be completed, no later than the next (16 April 2020) regularly noticed public meeting March 26, 2020 — Staff Report By -District Voting — 4th Public Hearing Page 4 of 8 of the City Council. Further, a delay until the next meeting of the City Council will not enhance the ability of the public to participate in the fourth public hearing as the order of the Riverside County Public Health Official, limiting gatherings to no more than ten people, will remain in place until 30 April 2020. Process The City is required to hold at least four public hearings during this process. The first two hearings were to help develop criteria for creating the proposed districts. These criteria may have included: • School attendance areas • Natural neighborhood dividing lines, such as highways or major roads, washes, canals, and/or hills • Areas around parks and other neighborhood landmarks, • Common issues, neighborhood activities, or legislative/election concerns, • Shared demographic characteristics such as similar levels of income, education, or linguistic isolation. The primary focus of the process was defining the downtown -core district. As required by law, the two initial public hearings were held within 30 days of each other (February 13 and February 27, 2020); inserted below is a timeline for transitioning to by - district elections. In addition, the City held two community meetings to provide information about the map -drawing process and solicit feedback from the public, which was used to draft preliminary district maps. In addition to the community meetings and required public hearings, staff will continue to engage the public through traditional and social media as well as targeted outreach and meetings. The map drawing process began after the initial two public hearings. The City's demographer prepared options 'for the City -Council's consideration; those options are appended to this staff report. In addition, members of the public proposed maps, all of which may be considered. It should be noted that maps were received that did not comply with the statutory requirements for population count in districts, but those maps are not being proposed for further consideration. The maps are available for residents to review and have been available for a legally sufficient time prior to.the third and this fourth public hearing. At the third public hearing held on March 12, 2020, the City Council considered ten different maps; seven of which were provided by residents and the remaining three were provided by the demographer. March 26, 2020 — Staff Report By -District Voting — 4th Public Hearing Page 5 of 8 After a presentation from the demographer and public comment, the City Council directed staff and demographer to move forward with finalizing the demographer's first draft map— "NDC Draft 1"--with changes that would keep the whole of the Monterey Country Club together, and include the adjacent mobile home park, Civic Center Park, and Lincoln Elementary School in District 1. They suggested that area south and east of NDC's District 1 could be added to that district if necessary to achieve the required population balance. In compliance with state law, this final public hearing is being held within 45 days of the third public hearing. The City Council may now adopt a map establishing districts. Voting Options As part -of the transition to district voting, the City is committed to the implementation of ranked choice voting, with the intent to do so in time for the general election to be held in November 2020. This system of casting and counting votes is intended to allow voters to express a full spectrum of preferences, not locking them into a single choice, but allowing expression of a scale of preferences for various candidates. Further information about ranked choice voting is available at www.rer)resentpd.'orq and at www.fairvote.orq, and will be the subject of voter education outreach efforts by the City in advance of its implementation. Proposed Ordinance Election of Citv Council The members of the City _Council are currently elected through an at -large election system, which means that the electors from the entire City vote for the council members. Under Government Code Section 34886, the City Council may adopt an ordinance that requires the City Council to be elected by district. The proposed Ordinance, if adopted, will accomplish this final step. The proposed Ordinance does the following: • States that the City is divided into two council districts; • References the "City of Palm Desert District Map" and geographic descriptions of both districts; • States that the one of the districts, including approximately twenty percent (20%) of the city's residents, would encompass the downtown core and elect one (1) Council member. The second district would include the remainder of the City (about eighty percent (80%) of the residents) and elect four (4) Council members. March 26, 2020 — Staff Report By -District Voting — 4th Public Hearing Page 6 of 8 • Requires that Council members live and be registered to vote in the district they seek to hold office in. • Clarifies that only residents of a district can vote for Council member(s) in that district. • States that districts may be adjusted after each federal census. In this instance, districts may be redrawn in 2021 after the 2020 federal census. • States that if the City annexes land, the district boundaries may be amended if necessary. • Provides for the transition from at large elections to districts and confirms that no term of office to which a Council member has been elected shall be cut short. Ranked Choice Votino Ranked Choice Voting is a method that allows voters to rank candidates for elected office in order of preference. The ballot allows voters to assign a different ranking to every candidate, as well as to write-in candidates. Voters may rank as few or as many candidates as they prefer. The proposed ordinance includes information on how voting proceeds in various rounds in both single -seat and multi -seat elections. Tabulations and rounds continue until all available seats are filled. The elections official (the City Clerk) will post a report summarizing the results of each election. In addition, the City will conduct a voter education and outreach campaign for the first two elections that use ranked choice voting. Fiscal Impact There is no fiscal impact to the General Fund associated with the conduct of this public hearing. March 26, 2020 — Staff Report By -District Voting — 4th Public Hearing Page 7 of 8 DISTRICT ELECTIONS PROCESS TIMELINE City of Palm Desert 73-510 Fred Waring Drive, Palm Desert, CA 92260 ph. 760.346.0611 Note: All future dates are tentative 1st Community Meeting: Presentation to community regarding January 15, 2020 process and purpose of transition from at -large to by -district election system 2nd Community Meeting: Presentation to community regarding February 12, 2020 the map drawing process and purpose of transition from at -large to by -district election system 1st Public Hearing without maps: gather public input on the February 13, 2020 'composition of zones 2nd Public Hearing without maps: gather public input on the February 27, 2020 composition of zones Ongoing City Council and community outreach to educate and encourage public participation in mapping options March 12 and 26, 3rd and 4th Public hearings: City Council hearings to.consider 2020 and select new district maps April 16 5th Public Hearing: Potential adoption of district maps by City Council. May through Voter outreach and education on new election format, including November 2020 ranked choice voting November, 2020 First by -district election in two districts on November 3, 2020 2021 Districts redrawn to reflect 2020 census data March 26, 2020 — Staff Report By -District Voting — 4th Public Hearing Page 8 of 8 LEGAL REVIEW Robgrt W. Hargreaves City Attorney DEPTARTMENT REVIEW ASSISTANT CITY MANAGER Lauri Aylaian City Manager Andy Firestine Assistant City Manager City Manager Lauri Aylaian: Type text here ATTACHMENT: Ordinance No. 1356 CITY COVNCI ACTION APPROVED ✓✓ Da111r..r RECEIVED OTEIER AYES: NOES: ABSENT: ABSTAIN: VERIFIED BY: Original on File with City erk's Office *By Minute Motion, empower the subcommittee to develop a map with refinements, in keeping with comments made this evening, and secure sufficient input in order to publish the map in accordance with the legal guidelines and noticing requirements for the meeting of April 16, 2020. 55-00 ORDINANCE NO. 1356 AN ORDINANCE OF THE CITY. COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING SECTION 2.38.040 TO CHAPTER 2.38, TO THE PALM DESERT MUNICIPAL CODE RELATING TO ELECTION OF CITY COUNCIL MEMBERS BY DISTRICTS AND RANKED CHOICE VOTING. WHEREAS, the City Council of the City of Palm Desert, California ("City Council") has determined that it is in the best interest of the City to shift from its current at large election system to a by district election for members of the City Council using ranked choice voting; and, WHEREAS,'the City held its first and second community meeting.on January 15, 2020, and February 12, 2020, respectively, regarding the process and purpose of transition from at - large to by -district election system; and, WHEREAS, the City held its first and second public hearings without maps to gather public input on the composition of zones on February 13, 2020, and February 27, 2020, respectively; and, WHEREAS, the City held its third and fourth public hearings to discuss the process of defining district boundaries and preparing maps on March 12, 2020, and March 26, 2020, respectively; and, WHEREAS, the City continues to engage in public outreach by posting updates and information on www.representpd.org, Facebook and NextDoor, and through traditional media, mass mailings, and distribution of informational bulletins to faith -based organizations and schools. NOW, THEREFORE, IT SHALL BE ORDAINED by the City Council of the'City of Palm Desert, California, as follows: SECTION 1. Recitals. The City Council of the City of Palm Desert, California, hereby finds that the foregoing recitals are true and correct and are incorporated herein as substantive findings of this Ordinance. SECTION 2. Amendment to Municipal Code. Palm Desert Municipal Code Section 2.38.040 Election of City Council of Chapter 2.38 General Municipal Elections is hereby added as follows: "Section 2.38.040. Election of City Council. A. Definitions. The following definitions apply to this Section: `By district" as used in this Section shall mean election of members of the City Council by voters of the district alone. ORDINANCE NO. 1356 "Geographical area making up the district" shall mean the district. B. Number of Districts. Pursuant to Government Code section 34871(a), the City of Palm Desert is divided into two (2) council districts. C. Boundaries and Numbering of Each District. Descriptions of the boundaries of each district and their numbering are as shown on the attached Exhibit A along with a map entitled "City of Palm Desert District Map," a copy of which shall be on file in the City Clerk's office. D. Election of Citv Council. Members of the City Council shall be elected "by districts" from two districts as provided herein. One of the districts, including approximately twenty percent (20%) of the city's residents, would encompass the downtown core and elect one (1) Council member. The second district would include the remainder of the City (about eighty percent (80%) of the residents) and elect four (4) Council members. Except as provided in Subsection F, entitled Transition to District Elections, a Council member of either district must live in that district and must be a registered voter in that district to be eligible to hold office for that district. Only voters who live in a district shall be eligible to vote in the election for Council members) of that district. E. Amendment of District Boundaries. Pursuant to Elections Code section 21601, as it may be amended, the City Council shall adjust the boundaries of any or both of the districts following each decennial federal census. Using the census as a basis, the City Council shall adjust the boundaries in compliance with all applicable provisions of law. At the time of any annexation of territory to the City, the City Council shall designate, by resolution adopted by a vote of at least a majority of the City Council, the contiguous district to which the annexed territory shall be a part and shall amend the district boundaries if necessary in accordance with Elections Code section 21603, as it may be amended. Pursuant to Elections Code section 21606, the term of office of any council member who has been elected and whose term of office has not expired shall not be affected by any change in the boundaries of the district from which he or she was elected, whether or not that council member is a resident within the boundaries of the district as adjusted. At the first election for council following adjustment of the boundaries of the districts, a person meeting the requirements of Government Code section 34882 shall be elected to the City Council for each district under the readjusted district plan that has the same district number as a district whose incumbent's term on the council is due to expire. F. Transition to District Elections. In 2020, one council member shall be elected by District 1 (the "core" district) and two council members shall be elected from District 2. In 2022, two council members shall be elected from District 2. Terms of office shall be four years. Each incumbent Council member elected at large shall be allowed to complete the term for which they are elected regardless of the district of residency so long as they otherwise remain eligible to hold the office and have not been removed for cause or elected to another office. ORDINANCE NO. 1356 SECTION 3. Amendment to Municipal Code. Palm Desert Municipal Code Section 2.38.050 Ranked Choice Voting of Chapter 2.38 General Municipal Elections is hereby added as follows: "2.38.050 Ranked Choice Voting A. General Provisions 1. Ranked choice voting is a method that allows voters to rank candidates for elected office in order of preference. Elections conducted by ranked choice voting are tabulated in rounds, as specified in this Section. 2. For purposes of this Section, the following terms have the following meanings: (a) "Batch elimination" means the simultaneous defeat of two or more continuing candidates because it is mathematically impossible for those candidates to receive enough votes to become designated as elected before being designated as defeated. (b) "Continuing candidate" means a candidate who has not yet been designated as elected or defeated. (c) "Election threshold" means the number of votes sufficient for a candidate to be elected in a multi -seat contest. The election threshold equals the total votes counted in the first round of tabulation, divided by the sum of one plus the number of offices to be filled, then adding one, disregarding any fractions. Winning threshold = ((Total votes cast)/(Seats to be elected+l)) +1, with any fraction disregarded. The Secretary of State may approve alternate formulas to calculate the election threshold as long as any alternate formula produces a threshold that is no greater than the total votes counted in the first round of tabulation divided by the number of offices to be filled ((Total votes cast)/(Seats to be elected)), nor no smaller than the total votes counted in the first round of tabulation divided by one more than the number .of offices to be filled, then adding one, disregarding any fractions ((Total votes cast)/(Seats to be elected+l) +1). (d) "Elimination batch" means a group of two or more candidates who can be simultaneously defeated through batch elimination because it is mathematically impossible for those candidates to be elected. (e) "Highest -ranked continuing candidate" means the ranking on a voter's ballot with the lowest numerical value for a continuing candidate. (f) "Inactive ballot" means a ballot that does not contain a continuing candidate, or that has reached an overvote, making the ballot unable to be transferred to another continuing candidate. (g) "Multiseat election" means an election in which two or more candidates can be designated as elected in a single contest to fill multiple seats in the same publicly ORDINANCE NO. 1356 elected office. This may also be referred to as a multi -winner election. Multiseat elections using ranked choice voting may be referred to as single transferable vote. (h) "Overvote" means an instance in which a voter has ranked more than one candidate at the same ranking. (i) "Ranking" means the number assigned to a candidate that establishes the order in which a ballot is transferred to that candidate. The ranking with the lowest numerical value indicates the voter's highest -ranked continuing candidate, with the rankings increasing in numerical value for the voter's lower -ranked continuing candidates. 0) "Seat" means an elected position occupied by one person, one or more of which form a publicly elected office. ,r (k) "Skipped ranking" means a voter has left a ranking order unassigned but ranks a candidate at a subsequent ranking order. (1) "Surplus" or "surplus fraction" means a number equal to the quotient of the difference between an elected candidate's vote total and the election threshold, divided by the candidate's vote total (or (V-T)N, in which "V" is the elected candidate's vote total and "T" is the election threshold), rounded down to four decimal places, ignoring any remainder. (m) "Transfer value" means the proportion of a vote that a ballot will contribute to its highest -ranked continuing candidate. Each ballot begins with a transfer value of 1. If a ballot contributes to the election of a candidate under paragraph (2) of subdivision (b) of Section 103, it receives a new transfer value. 3. (a) A ballot that does not contain a continuing candidate shall count as an inactive ballot. (b) If a ballot contains a skipped ranking, the ballot shall be transferred to the highest -ranked continuing candidate. (c) If a ballot contains an overvote, it shall count as an inactive ballot when the overvote is reached.. 4. If two or more candidates are tied with the fewest number of votes and cannot be defeated through batch elimination, the candidate to be defeated shall be determined by lot. 5. If a special election to fill one or more vacancies with ranked choice voting is consolidated with an election to elect one or more other members of the elected body to full terms using ranked choice voting to create a single, multiseat election, the full terms shall be awarded to the candidates declared elected first, and the vacancies awarded to the candidates declared elected last. If two or more candidates are declared elected in the same round, the candidates with larger surpluses shall be considered elected before the candidates with smaller ORDINANCE NO. 1356 surpluses, in the order of the size,of the surplus. If two or more candidates that are declared elected in the same round have equal surpluses, the order of their election shall be determined by lot. ` B. Vote Counting 1. This Subsection establishes the procedures for electing candidates in multiseat elections using ranked choice voting. 2. A ballot shall allow voters to assign a different ranking to every candidate, as,well as to write-in candidates. If the city's voting equipment cannot feasibly accommodate that number of rankings on the ballot, the elections official (the "elections official" is the City Clerk of the City of Palm Desert) may limit the number of choices a voter may rank to the maximum number allowed by the equipment. 3. In an election conducted by ranked choice voting, the elections official shall provide ballot instructions that make clear the proper voting procedures for voting in a ranked choice voting election. 4. In a multiseat election conducted by ranked choice voting, tabulation proceeds in rounds as follows: (a) If, in the initial tabulation, the number of continuing candidates is less than or equal to the number of seats to be filled, then all, continuing candidates are elected and tabulation is complete. Otherwise, tabulation proceeds to an additional round as described in paragraph (2) of subdivision (b). (b) An additional round of tabulation shall proceed as follows: (1) Each ballot shall count, at its current transfer value, for the highest - ranked continuing candidate on that ballot. If the number of elected candidates or the sum of the number of elected candidates and the number of continuing candidates is equal to the number of seats to be filled, then all continuing candidates are designated as elected, and tabulation is complete. Otherwise, the tabulation proceeds pursuant to paragraph (2). (2) If any continuing candidate has a number of votes greater than or equal to the election threshold for the contest, that candidate shall be designated as elected. Each ballot counting for an elected candidate is assigned a new transfer value by multiplying the ballot's current transfer value by the surplus fraction for the elected candidate, rounded down to four decimal places and ignoring any remainder. If each of two or more candidates has a number of votes greater than or equal to the election threshold for the contest at the same time, the surpluses may be distributed simultaneously or in rounds in which the largest surplus is distributed first. Each candidate elected under this paragraph is deemed to have a ORDINANCE NO. 1356 number of votes equal to the election threshold for the contest in all future rounds and a new round begins pursuant to paragraph (1). (3) If no candidate is elected pursuant to paragraph (2), then, if batch elimination is used and any candidates qualify for an elimination batch, any candidates in the elimination batch are defeated through batch elimination. Otherwise the candidate with the fewest votes is defeated and votes for the defeated candidates shall be transferred to each ballot's next -ranked continuing candidate and a new round begins pursuant to paragraph (1). S. (a) Jurisdictions using ranked choice voting may eliminate multiple candidates through batch elimination. If batch elimination is used, candidates shall be eliminated in batches as described in paragraph (3) of subdivision (b) of Section 103. (b) A continuing candidate is in the elimination batch if the number of elected and continuing candidates with more votes than that candidate is greater than or equal to the number of seats to be filled, and it is mathematically impossible for that candidate to be elected for any of the following reasons: (1) The candidate has fewer votes than any other continuing candidate. (2) The candidate's current vote total plus the sum of current votes for continuing candidates with fewer votes would not be enough to equal or surpass the continuing candidate with the next highest current vote total. (3) The candidate has a lower current vote total than a continuing candidate described in paragraph (2).. (c) If a candidate is defeated through batch elimination, votes for that candidate shall be transferred to each ballot's next -ranked continuing candidate. C. Reporting. 1. For purposes of this Section, the following terms have the following meanings: (a) "Ballot report" means a report that lists all of the following for each ballot counted in the tabulation: (1) The' candidate or candidates indicated at each ranking. (2) The precinct in which the ballot was cast. (3) Whether the ballot was cast by mail. (b) "Summary report" means a report that lists all of the following: ORDINAME NO. 10556 (1) The number of ballots counted. (2) The votes received by each candidate in each round of the tabulation. (3) The cumulative number of inactive ballots. 1 (4) Any additional information the jurisdiction chooses to include, such as the cumulative number of inactive ballots that were counted as inactive for any of the following reasons: (A) The ballot reached an overvote. (B) All candidates on the ballot were designated as elected or defeated. (c) "Comprehensive report" means a report that, for each precinct, lists all of the information required in a summary report. 2. (a) An elections official shall publish a summary report for the final tabulation of the official canvass in conjunction with the certified statement of the results. The elections official shall also publish at least one of the following reports for the final tabulation of the official canvass: (1) A comprehensive report. (2) A ballot report. (b) A report generated pursuant to this section shall reflect the vote count at the point when the votes have been counted toward each continuing candidate but before the transfer of elected candidate's' surplus or candidates have been subsequently designated as defeated. The report shall also reflect each ballot counted as an inactive ballot as having the number of votes equal to the ballot's transfer value. (c) A ballot report generated pursuant to this section shall not permit the order in which the votes were cast in each precinct to be reconstructed. An overvote ranking shall be reported without reporting to which candidates the ranking was assigned. (d) If the elections official determines that tabulation of all rounds is not feasible on election night, the elections official may provide the contest tabulation report totals for only the first round of tabulation or only a tally of highest -ranked continuing candidates in the initial tabulation. (e) For a contest that is tabulated with a voting system, the elections official shall do all of the following: (1) Tabulate the results as soon as the elections official determines it is feasible after the close of the polls, and publish the corresponding summary report. ORDINANCE NO. 1356 (2) Tabulate the results for the last preliminary results on election night and publish a corresponding summary report. (3) Publish the corresponding ballot report whenever the results of a tabulation is published, except if tabulation is limited pursuant to subdivision (b). (f) This section does not prohibit an elections official from including additional information in any report. 3. An elections official shall promptly post a report made available to the public on the official's internet website. A ballot report made available pursuant to this Section shall be provided in a plain text electronic format and need not be published by other means. If an elections official does not have an internet website, the elections official shall promptly make the report available to the public by other means and shall notify the public of the report's location through a notice prominently displayed in an appropriate location in their office. D. Definitions. For purposes of this chapter, the following terms have the following meanings: (a) "Additional supported language" means a language for which the City is required to provide voting materials and assistance under the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.) or for which the Secretary of State has determined that it is necessary to provide facsimile ballots at a precinct within the jurisdiction pursuant to subdivision (c) of California Elections Code § 14201. (b) "Additional supported language community" means a community that speaks an additional supported language. ' 2. (a) the City shall conduct a voter education and outreach campaign before each election conducted pursuant to this Section, until the conclusion of the second general election conducted in this manner. A campaign conducted pursuant to this Section shall include public meetings and public service announcements through different media, including media serving additional supported language communities, if available, to familiarize voters with that election method. Materials and information disseminated as part of .the campaign shall be provided in all additional supported languages and shall be accessible to individuals with disabilities. (b) the City shall, in collaboration with the county elections official, develop a plan describing how it will conduct the voter education and outreach campaign required by this section. The plan shall include all of the following information: (1) How the City will use media, which may include digital media, newspapers, radio, and television, to inform voters about an upcoming election. ORDINANCE NO. 1356 (2) What information will be publicly available on the elections official's intemet website. (3) What information will be included in the sample ballot and vote by mail materials. (4) How the City will conduct direct outreach to voters, including voters with disabilities. (5) How the City will have a community presence to educate voters, including voters with disabilities. (6) How the City will educate voters within each additional supported language community. (c) Before finalizing its plan, the City shall publish a draft plan and hold, at least 10 days after publication of its plan, at least one regular public meeting to discuss the plan. The shall also make a good faith effort to invite each of the following to at least one of those public meetings: (1) Representatives, advocates, and other stakeholders representing each additional supported language community. (2) Representatives from the disability community -and community organizations and individuals that advocate on behalf of, or provide services to, individuals with disabilities. (d) All materials provided by the voter education and outreach campaign, including materials provided on the internet website of the elections official, sample ballots and vote by mail materials, and materials provided through direct outreach and community presence, shall be provided in the additional supported languages and shall be accessible to individuals with disabilities. (e) If multiple jurisdictions within the same county are conducting ranked choice voting elections, the jurisdictions may combine or coordinate their voter education plans and voter education and outreach campaigns. (f) The City may partner or coordinate resources with nongovernmental organizations to conduct its voter education and outreach campaign." SECTION 4. Severability. If any section, subsection, subdivision, paragraph, sentence, clause 'or phrase of this Ordinance, or any part thereof, is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each ORDINANCE NO. 1356 section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase be declared unconstitutional. If for any reason any portion of this Ordinance is found to be invalid by a court of competent jurisdiction, the balance of this Ordinance shall not be affected. SECTION 5. Certification and Publication. The City Clerk of the City of Palm Desert shall certify to the adoption of this Ordinance and cause publication to occur in a newspaper of general circulation and published and circulated in the City in a manner permitted under California Government Code Section 36933. SECTION 6. CEQA. The City Council finds that adoption of this Ordinance is not a "project," as defined in the California Environmental Quality Act because it does not have a potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment and concerns general policy and procedure making. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Palm Desert on the day of , 2020, by the following vote: AYES: NOES: ABSTAIN: ABSENT: GINA NESTANDE, MAYOR ATTEST: RACHELLE KLASSEN, CITY CLERK ORDINANCE NO. 1356 APPROVED AS TO FORM: ROBERT HARGREAVES, CITY ATTORNEY ORDINANCE NO. IB56 State of California ) County of Riverside ) s.s. City of Palm Desert ) L Rachelle Klassen, City Clerk, hereby certify that the foregoing is a true copy of Ordinance No. introduced at a regular meeting held on the day of 2020, and duly adopted by the City Council of the City of Palm Desert, California at a regular meeting thereof held the day of , 2020. AYES: NOES: ABSTAIN: ABSENT: Rachelle Klassen, City Clerk ORDINANCE NO. 1356 EXHIBIT A PALM DESERT DISTRICT MAP [The Palm Desert District Map is to be selected by the City Council from the maps provided in the City Council Agenda Packet.] NDC City of Palm Desert — Districting 2020 3/15/2020 New Maps Comments vrovided by Man Submitters DCrawford2 —I was attempting to create a Majority Minority District with a high % CVAP Latino Residents NDC Note: Not contiguous and appears vulnerable to a racialgerrymandering challenge DCrawford3 — Submitter did notprovide comment NDC Note: Not contiguous and appears vulnerable to a racialgenymandering challenge Elyl — Submitter did not provide comment JBuller 3A - Map 3A follows population unit boundaries, for easy and precise counting and . climinates the division within Moniercy Country Club. It does not contain any population unit subsets, specifically Palm Desert Mobile Estates and the community bounded by Portola (W), the wash (_N) and Magnesia Falls (SE). It includes southeastern elements. The total district population is 9826. JBuller 3B - Map 3B is similar to 3A, but adds population subsets for Palm Desert Mobile Estates and the community bounded by Portola, the wash and Magnesia Falls. The total district population is 9323. The map excludes elements south and southeast of Highway 111, maintaining clean lines. El Pasco could be added with no population impact. JBuller 3C - Map 3C incorporates all of 3B with the addition of El Pasco and a boot heel capturing George Washington Charter School and nearby southeastern communities. It includes a population unit subset comprising Candlewood, Chicoryand Parosella streets adjacent to the school up to Abronia. The total district population is 10,152. NDC'Draft DescrintiorU NDC Draft 4 - This draft blends features from NDC Draft 1 and Ely 1 to connect heavily Latino communities on both sides of the Whitewater River while creating a more intuitive central district. It includes the Vista Palm Desert community north of the Whitewater River, as well as the Palm Desert Town Center, following Highway 111 west of Portola Avenue to the western border of the city of Palm Desert. NDC Draft 5 - This draft includes minor changes to Ely 1 to make the lines more intuitive by following major roads and avoiding cutting through neighborhoods. Most notably, it now uses Magnolia Falls Avenue, Deep Canyon Road, and Fred Waring Drive to avoid jogging through neighborhoods. NDC Draft 6 - This is a larger revision to NDC Draft 1 that removes the portion of the Monterey Country Club south of the Whitewater River from the central district. The Palm Desert Mobile Estates remains in the central district. It also moves the El Pasco Shopping District into the central district as well as a small area south of Highway 111 east of Portola Avenue that includes George Washington Elementary and the Portola Community Center. NDC City of Palm Desert — Districting 2020 3/15/2020 Existing Maps Comments provided by Map Submitters DCrawfordl — Submitter did not provide comment NDC Note: Notpopulation-balanced and ap pears vulnerable to a racialgerrymandering challenge JBullerl — Submitter did not provide comment JBuller2 — Submitter did notprovide comvient MDetnryl- This meets the objectives of population size at 9542 per the 2010 census data provided, contains the majority of Hispanic speaking residents, and is contiguous as required and maintains the continuity of the remaining portions of the city as well. It also encapsulates the city s main business core into one area. NDC Note: Not population -balanced MDemry2 - This meets the objectives of population size at 9501 per the 2010 census data provided, contains the majority of Hispanic speaking residents, and is contiguous as required and maintains the continuity of the remaining portions of the city as well. It also encapsulates the city s main business core into one area. NDC plate: Notpopulation-balanced and appears vulnerable to a radalgerymandering challenge MMeilroyl — Submitter did not provide comment MMeyerl — Submitter did not provide comment NDC Note: Not contiguous NDC Draft Descrintions `. NDC Draft 1- This is a compact, contiguous option that follows major roads and is easy to understand. It keeps together the central core between Highway 111 and the Whitewater River west of Deep Canyon Road, including the College of the Desert, the Civic Center, Desert Town Center, and the business on the north side of Highway 111. The businesses between Highway 111 and El Paseo could be added without changing the population numbers. NDC Draft 2 — While slightly less compact than NDC Draft 1, NDC 2 is another contiguous option that links the Hovely Gardens and Vista Palm Desert neighborhoods to the central core. It keeps together the areas between Highway 111 and the Whitewater River broadly between Monterey Avenue and Deep Canyon Road, and the areas just north of the Whitewater River between Portola Avenue and Cook Street, including the College of the Desert, the Civic Center,, and the business on both sides of Highway 111. The College of the Desert or the businesses between Highway 111 and El Paseo could be removed without changing the population numbers. NDC Draft 3 — NDC Draft 3 starts with MMeyerl, altering it slightly to make the outer district contiguous. It removes the large block at the northwest corner of Portola Ave and Magnesia Falls Drive that includes the Palm Desert Mobile Estates. No other changes were made, and with this alteration, the map is contiguous. CITY OF PALM DESERT, CALIFORNIA NOTICE OF PUBLIC HEARING ABOUT CRITERIA FOR CONSIDERATION IN DRAWING DRAFT MAPS AND BOUNDARIES FOR THE CITY'S TRANSITION TO A BY -DISTRICT ELECTION SYSTEM NOTICE IS HEREBY GIVEN that the City of Palm Desert will conduct two (2) public hearings regarding the drawing and consideration of maps of proposed districts in the process of transitioning from at -large to by -district elections. On Thursday, March 12, 2020, and Thursday, March 26, 2020, the City Council will hold public hearings at 4:00 p.m., or as soon thereafter as practicable, at the Palm Desert City Council Chamber, 73-510 Fred Waring Drive, Palm Desert, California 92260, in order to continue receiving public input and discussing composition of the districts in the process of defining district boundaries and preparing maps. Proposed maps and more information are available at www.representpd.ora. Dated: February 26, 2020 RACHELLE D. KLASSEN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260-2578 www. citvofpalmdesert. ora NDC City of Palm Desert — Districting 2020 4/9/2020 New Maps Comments nrovided by Map Submitters Elv2 -The revision is simply the removal of the Monterey Sands walled community from District 1. This has minimal impact on the data, but the 'Monterey Sands community is very different from the rest of District 1 and really belongs in the multi -member district. NDC Draft 7 — Slightly revised version of Ely2, making changes along Goleta Way and north of Hwy 111 in the area east of Portola Ave and west of Deep Canyon Dr. Existing Maps Comments provided by Map Submitters DCrawford2 — I was attempting to create a Majority NfinoritV District with a high °/) CVAP Latino Residents ,NDC Note: Not contiguous and appears vulnerable to a racia gcri:Tmanderrnl; challenge DCtawford3 — Submitter did not pros ide comment NDC Note: Not contiguous and appears vulnerable to a racialgerrfmandcni jq challenge Elyl — 5ubmitter did nut provide comment JBuller 3A - Map 3A follows population unit boundaries, for easy and precise counting and eliminates the division within Monterey Country Club. It does not contain any population unit subsets, specifically Palm Desert Mobile Estates and the community bounded by Portola (W, the wash (N) and Magnesia Falls (SF). It includes southeastern elements. The total district population is 9826. JBuller 3B - Map 3B is similar to 3A, but adds population subsets for Palm Desert Mobile Estates and the community bounded by Portola, the wash and Magnesia Falls. The total district population is 9323. The map excludes elements south and southeast of Highway 111, maintaining clean lines. E Paseo could be added with no population impact. JBuller 3C - Map 3C incorporates all of 3B with the addition of El Pasco and a boot heel capturing George Washington Charter School and nearby southeastern communities. It includes a population unit subset comprising Candlewood, Chicory and Parosella streets adjacent to the school up to Abronia. The total district population is 10,152. NDC Draft Descriptions NDC Draft 4 -This draft blends features from NDC Draft 1 and Ely 1 to connect heavily Latino communities on both sides of the Whitewater River while creating a more intuitive central district. It includes the Vista Palm Desert community, north of the Whitewater River, as well as the Palm Desert Town Center, following Highway 111 west of Portola Avenue to the western border of the city of Palm Desert. NDC Draft 5 - This draft includes minor changes to Fly 1 to make the lines more intuitive by following major roads and avoiding cutting through neighborhoods. Most notably, it now uses NDC City of Palm Desert — Districting 2020 4/9/2020 :Magnolia Falls Avenue, Deep Canyon Road, and Fred %X'aring Drive to avoid jogging through neighborhoods. NDC Draft G - This is a larger revision to NDC Draft 1 that removes the portion of the Monterey Country Club south of the Whitewatcr River from the central district. The Palm Desert Mobile Estates remains in the central district. It also moves the El Pasco Shopping District into the central district as well as a small area south of Highway 111 east of Portola Avenue that includes George Washington Elementary and the Portola Community Center. DCrawfordl — Submitter did not provide comment NDC Note: Not population-halinceciand appears vulnerable to a racial n errvnanderinq challenge JBullerl — Submitter did not provide comment JBuller2 —Submitter did not provide comment MDemryl- This meets the objectives of population size at 9542 per the 2010 census data provided, contains the majority of Hispanic speaking residents, and is contiguous as required and maintains the continuity of the remaining portions of the city as well. It also encapsulates the city s main business core into one area. AIDC' Notc. Not population -balanced MDemry2 - This meets the objectives of population size at 9501 per the 2010 census data provided, contains the majority of I Iispanic speaking residents, and is contiguous as required and maintains the continuity of the remaining portions of the city as well. It also encapsulates the city s main business core into one area. 1VDC Note: Not population -balanced and appears vulnerable to a racial gcrnmanden]Rg challenge MMcilroyl — Submitter did not provide comment MMeyerl — Submitter did not provide comment NDC Note: Not contih uous NDC Draft Descriptions NDC Draft 1 - This is a compact, contiguous option that follows major roads and is easy to understand. It keeps together the central core between Highway 111 and the Whitewater River west of Deep Canyon Road, including the College of the Desert, the Civic Center, Desert "Town Center, and the business on the north side of Highway 111. The businesses between Highway 111 and F1 Pasco could be added without changing the population numbers. NDC Draft 2 — X 'hile slightly less compact than NDC Draft 1, NDC 2 is another contiguous option that links the Hovely Gardens and Vista Palm Desert neighborhoods to the central core. It keeps together the areas between Highway 111 and the Whitewater River broadly between Monterey Avenue and Deep Canyon Road, and the areas just north of the Whitewater River between Portola Avenue and Cook Street, including the College of the Desert, the Civic Center, , and the business on NDC City of Palm Desert — Districting 2020 4/9/2020 both sides of Highway 111. The College of the Desert or the businesses between Highway 111 and El Paseo could be removed without changing the population numbers. NDC Draft 3 — NDC Draft 3 starts with NINleyerl, altering it slightly to make the outer district contiguous. It removes the large block at the northwest corner of Portola Ave and Magnesia Falls Drive that includes the Palm Desert Mobile Estates. 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U'. °' Palen ista Way yoo in w .. - J CL- s TOO tmfi- ro AA �a �o a� City of Palm Desert - Ely2 District Remainder 1 Total Total Pop 39,096 9,347 48,443 Deviation from_ ideal_ 85 342 427 % Deviation 0.87% -3.53% 4.40% % Hisp 15% 54°/0 23% Total Po P % NH White % NH Black 78% 2°/a 39% 2% 70% 2% 3% 4% % Asian -American 4% Total 32,695 6,018 38,714 % Hisp 12% 47% 17% Citizen Voting Age Pop % NH White 81% 44o/n 75% oIa NH Black 2% 2°/a 2% °/o Asian/Pac.Isl. 4% 6% 49/o Total 22,886 3,359 26,245 % Latino est. 13% 3Mo 15% 27% 14% °Io Spanish -Surnamed 12% Voter Registration (Nov 2018) % Asian -Surnamed 1% 1% 1% % Filipino -Surnamed 1% 1% 1% 6_5% ^ 80o/u % NH White est. 82% % NH Black 2% 30/6 2o/a -- Total 16,694 2,145 18,839 % Latino est. 10% 24% 1 NO _ % Spanish -Surnamed 9% 21% 11 % Voter Turnout (Nov 2018) % Asian -Surnamed 1% 1% 1% % Filipino-Sumamed 1% 1 % % NH White est. 850/0 _00/0 71 % 84% j 4% 2% % NH Black 2% Total 18,889 j 2,411 21,300 % Latino est. 11% 26% 13% 23% 1 NO % Spanish -Surnamed_ 10% 2% 1% Voter Turnout (Nov 2016) % Asian-Sumamed 1% 1% 1% % Filipino -Surnamed 1% % NH White est. 84% G9o/o 820/6 NH Black est. 2% 30/0 2% ACS Pop. Est. Total 41,249 10,287 51,536 ale(]-19 140/n_ 260/_0_— 17% Age _ age2O-60 39% _ 490/0 41% age60pins 47% 25% 42% Immigration imm?gants naturalized 18% 49% 260/6 _ 43% 19% 48% english 81% 55% 76% Language spoken at home spaanish 13% 35% 17% asian-fang 3% 5% 3% other Lang 4% 4% 4% Language Fluency Speaks Eng. "Less than Very Well" 5% l 17% 70/6 hs- 56% 57% 56% Education (among those age 25+) bachelor 23% 16% 22% graduatedegree 160/0 11 % 15% Child in Household child-underl8 13% j 27% 15% Pct of Pop. Age 16+ employed 489/0 57% 500/0 income 0-25k 21% 261/0 22%!a income 25_-50k 21% 22% 21% Household Income income 50-75k 1910/0 22% 19% income 75-200k 30o/0 26% 30r1/16 income 200k-plus 9% 3% 8% sin a famil 71% 64% 70% HousingStats multi -family _ rented 29% 35% 36o/0 30% 530/- 37% owned 65% 471/6 63% Total Po_P ___ Marion data from the 2010 Decennial Census. -_-_--- -- ___ _ Sumame-based Voter Registration and Turnout data from the California Statewide DatahaF Latino voter repstration and tumour data are Spanish-sumame counts adjusted using Census Population Department undercount estimates. Nil W%te and NH Black registration and turnout counts estimates) by NDC. Citizen Voting Age Pop., Age, Immigration and other demographics from the 2013-2017 American Community Survey and Special Tabulation 5-year data. J HLr�]irlgtiL a TAVa La-- !l`f h1clanic PI Ritter Cir v � � y V � Q Eclecric .r IS PJOJJgJ Christian 5t jacquelihe Cir i Susan Cix f 3Ovley atdcns Dr Vcrdin Lrt Timothy Cir ai w San YO San Cti&6-val C I Cir Pllllis- ate �)t'ss�gl�nte •-� a V }. BPaltnilla Cir P�0 SOO rx td �xrd � �, w � 'v 'J � �; �• � p Via Rengo p Via Renecalu Yumn maxigold D yVm vs u cl� 5 I 1 Sanfa�ar>Q�_C�--- -I Son 7-7.,.9, ., ., `. GiralclA Git i-J 4-4 V � Q a N � o aAV olgv l urn 'Pasco � A D cir ista tea! N A6 za.��� � v A A rCc Ct F= I� a -- _ Potmla ewe � u C ti 46-s L rkspur Ln - v 2 i Cdrtage Lft 44 c 0 z fI'� . s vo — . G�� Sq� lAnmna-Ave Su YM M. � I q LJ Golden Rod Ui pq LA f Nv Irk �'Fa C7 11ri . o 07 City of Palm Desert - NDC Draft 7 District R rudnder 1 1 Total Total Pop 38,605 1 9,838 48,443 Deviation from ideal -37 149 186_ % Deviation -0.39°/0 1.54% 1.92% % Hisp 15% 54% 23% Total Po p % NH White -- % NH Black 78% 2% 39% 2% 70% 2% 3°/o 4°/0 % Asian -American 4% Total 32,315 6,399 38,715 % Hisp 12% 46% 17% Citizen Voting Age Pop % NH White 81 % 45% 75% % NH Black 2% 2% 20/6 % Asian/Pac.Isl. 4% 5% 4% Total 22,669 3,576 26,245 % Latino est. 13% 30% 15% 27% 14% % Spanish -Surnamed 120/6 Voter Registration (Nov 2018) % Asian -Surnamed 1% 1% 1% Filipino -Surnamed - --- 1 % 1% 1% 65% 80°/0 % NH White est. 82% % NH Black 2% 30/0 2% Total 16,560 1 2,279 18,840 % Latino est. 100/0 24% 12% % Spanish -Surnamed 9% 22% 11% Voter Turnout (Nov 2018) % Asian -Surnamed 1% 1% 1% Filipino -Surnamed 1% 1% % NH White est. J 85% 1 _00/0_ 71% 84% % NH Black 2% 49/6 2°/° Total 18,726 i 2,574 21,300 % Latino est. 11% 26% 13%o 23% 12°/° % Spanish -Surnamed_ 1011/0 Voter Turnout (Nov 2016) % Asian -Surnamed 1% 2% 1% 1% 1% % Filipino -Surnamed - 1% 68% 82% % NH White est. 849/0 % NH Black est. ` 20/6 3°/0 2% - ACS Pop. Est. Total 40,667 1 10,869 51,536 14% 26% 17% Age --- ----age0-19 age20-60 39% 491/6 41% 25% 42°/0 age60plus 47% Immigration g 1rn09M—n—ts naturalized 180/6 50% _260/0 430/0 190/0 48% english 81 % 55% 761/'o Language spoken at home spanish_ 12% 35% 17% asian-lang 3% 5% 3% 4% 4°/0 other lang 4% Language Fluency Speaks Eng. "Less than Very Well" 5%18°/0 7°/0 hs-grad 56% 571/o 56°/0 Education (among those age 25+) bachelor 23% 16% 22% graduatedegree 16% 11% 15% Child in Household child-underl8 13% 1 27% 15% Pct of Pop. Age 16+ employed 48% 1 56% 50% income 0-25k 21% 26% 22% income 25-50k 21% 22% 21% Household Income income 50-75k 19% 22% 19% 26% 30% income 75-200k 30% income 200k-plus 90/0 3% 8% single family 71 % 63°/0 70% HousingStats -- multi -family rented__53% _ 29% 37% 300A 37% owned 65% � v 47% 63% Total population data from the 2010 Decennial Census. - — - Sumame-based Voter Registration and Turnout data fmm the Caiifomia Statewide Database. Department undercount Latino voter registration and turnout data are Spanish-sumarne counts adjusted using Census Population estimates. Nil White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Immigration, and other demogaphics from the 2013-2017 American Community Survey and Special Tabulation 5-year data. Ortega, Niamh From : Information Mail Sent : Friday, April 10, 2020 1:05 PM To: Ortega, Niamh Cc: Hermann, David Subject : Fw: Desert Community Energy -- Please Vote "YES" Good Afternoon Niamh, We received the following messagethrough the City's informational e-mail. Thank You! Brianne From : Dori Smith <dori@cabaret2u.com> Sent : Friday, April 10, 2020 12:51 PM To: Information Mail Subject : Desert Community Energy -- Please Vote "YES" Dear City Council Members: N W I am writing to strongly urge you to move to Desert Community Energy as the City's provider for its municipal accounts. There are three excellent reasons for Palm Desert to join Palm Springs in this effort: 1. Local control 2. Local financial benefits 3. Access to-cleaner electricity Many residents in the'City have installed solar panels on their homes, to save money and to help reduce pollution, and taken other measures, such as buying electric or hybrid cars. The City should do everything possible to join in this effort. Please do not delay any longer. Palm Desert should step up and do the right thing now to start. using cleaner energy. Our city should be a leader in protecting the environment. For the future of our children, our grandchildren and the planet. Thank you, Dorea J. Smith i 29 Via Cielo Azul Palm Desert 760/774-5513 2 Ortega, Niamh From: Information Mail Sent: Friday, April 10,2020 1:05 PM To: Ortega, Niamh Cc:Hermann, David Subject: Fw: Desert Community Energy Please Vote "YES" Good Afternoon Niamh, We received the following message through the City's informational e-mail. Thank You! Brianne From: Dori Smith <dori@cabaret2u.com> Sent: Friday, April 10,2020 12:51 PM To: Information Mail Subject: Desert Community Energy --Please Vote "YES" Dear City Council Members: rn C) --a 7-v' N) W r";Mrncn^K_ M -< 7) rl" I am writing to strongly urge you. to move to Desert Community Energy as the City's provider for its municipal accounts. There are three excellent reasons for Palm Desert to join Palm Springs in this effort: 1.Local control 2. Local financial benefits 3.Access to,cleaner electricity Many residents in the ^City have installed solar panels on their homes, to save money and to help reduce pollution, and taken other measures, such as buying electric or hybrid cars. The City should do e^erything possible to join in this effort. Please do not delay any longer. Palm Desert should step up and do the right thing now to start using cleaner energy. Our city should be a leader in protecting the environ' ment. For the future of our children, our grandchildren and the planet. Thank you, Dorea J.Smith I 1 I r. aie»n^:: logdaddymagyar@gmail.co'm 240,Paseo Vista Circle Palm Desert 92260 Last Name Phone Number 8057126830. Address 2 ..Not answered State . . .:.California 'Hi Niamh,. We received the following message through th.e.City's informational, a=mail: Thank You! :-Brianne from : webmaster@cityofpaIrridesert.org <webmaster@cityofpalmdesert.org> Sent : Friday, April 10,2020 3:07'P To: Information Mail Subject : City:of.Palm Desert :Website Contact Us Form Submission ''A new entry.to a form/survey has been submitted. Form Name::: Contact.Us::.:: Date,& Time: 04/10/2020 3 :07 PM Response #; _ 2316. "" Submitter ID; 15587. ....... ... .... . IP address : 2605:e000:100d:87e0.:f558:28a3:5bcO:8c3f : -TI ne to complete : :33. min. , 46 sec. Your Contact Information :First:Name Email Address: - Address :City ZiP:Code. Information Mail:.:: Friday, April 10, 2020 3:13. PM Ortega ,: Niamh Hermann, David.:-. Fw: City. of Palm Desert: Website Contact Us Form, Su bm'issib'n" Comments , or Concerns'=- :Regarding Council Meeting Agenda for April 16,•2020 Meeting Item XVI Old: Business. I am a Palm Desert representative onvthe', Desert Community Energy advisoryboard. I was shocked to see the opt out.' alternative : was to: be voted on without any input from. Palm Desert residents or' resentations from the advisory board..... ... ..... . Palm Springs implemented the carbon free option without a glitch in early April. This program is designed to help our: most vulnerable residents while.at the same time improving the Coachella' Val ley environment. Palm. Desert would forfeit at: least :From: Hermann, David FW: Support for the City of Palm Desert to.use Desert Community Energy for municipal needs . Sent : Monday, April 1312020 10:18 AM To: Stendell, Ryan <rstendell@cityofpalmdesert ;org>; Klassen, Rachelle crklassen@ciiyofpalmd6sert.org> Subject : FW: Support for,the City of Palm Desert to use Desert:Community Energy.for municipal needs :We.received the message below over the Weekend related to DCE. I am forwarding; so: that it can be included in the comments:as-part of the agenda David Hermann : Public Information Officer Ph: 760.776:6411 Direct: 760,776:6380 dhermann@cityofpalmdesert.org rorlnl ra Vogler [LL_ :d voei nt : F iday A ril 10 MS2020 6:42 Pp,e r ,.. . To c Information Mail <info@cityofpalmdesert.ore> Subject : Support for the City of Palm 'Desbrt to,use. Desert Community Energy for municipal needs Dear City Council Members: I am writing to ask. you to consider using, Desert Community Energy for municipal energy needs..I realize that there has been reluctance to use DCE for residential accounts-and that the City Council has been evaluating this. program for quite some time:Itmight make sense, therefore, to.begin using DCE as a test case for certain city energy needs; If it works out great --then the: Council could consider moving forward for residential energy. ... . customers .Many residents of Palm Desert do care about the environment. Additionally,. it might be the: right time for the city to consider how: it can be more self-sufficient in terms of. energy generation; storage, and distribution by considering the merits of a micro grid. I wrote a: Valley Voice, published in The Desert Sun last year about this topic .:: (httpsJ/www:desertsun.com/story/opinion/6ontributors/valley-voice/2019/11/07/use local-resources-to-tackle- california-electric-utility woes-debra-.vogler-valley-voice/25216560011/).. Living in Coachella Valley, with a' high probability of being cut off from the rest of the state :in a major earthquake; amicro-grid might be one solution that could get our desert city through some of the worst part of such a catastrophe. ..Thank you for yourconsideration of.this input. Sincerely, Debra Vogler Palm Desert, CA z .i 'Rocha,Grace Subject : FW: DCE ...From : Hermann,. David Sent : Monday, April..13,.202010:24 AM To Stendell,.Ryan<rstendell@cityofpafmdesert.ore>, Klassen, Rachelle <_rklassen@cityofpalmdesert.orig> Subject :: FW:.DCE Please another ernailbelow in support:bf:DCE for the record. .David Hermann. Public Information Officer ,Ph: 760.776.6411 :Direct:, 760,776.6380 dhermann@cityofpalmdesertorg tWOrn cCar^oltPollad1["aa Rio r l@po.4la.rdr a Sent : Saturday, April 11, 2020 9:14 AM To;. Information Mail <info@cityofpalmdesert.org> :::Subject : DCE To Palm Desert City Council Members I am.writing to strongly urge :you to moveao.Desert Community Energy as the City's provider for is municipal accounts ....... ... ..... . There are: three excellent reasons for Palm. Desert to join Palm Springs in : this effort: 1. Local:control 2.:Local financial. benefits 3. Access to. cleaner electricity Many residents in the City, including myself, have i nstalled solar panels on their homes. This saves. ....:-money and helps reduce pollution.: The 'City should -do everything:possible to join in this effort. Please do not delay any longer. Palm : Desert should step ups be a leader in protecting the environment, - and do the right thing: now to start :using cleaner a you for the future of our children, our grandchildren and the planet. Carol Pollard 73146 Highland Springs Dr. Palm Desert, CA 92260 Rocha, Grace Subject:FW: Move to: Desert Community Energy ...From : Hermann,, David Sent Monday, April 13 202010: 29AM; To: Stendell,.Ryan'<rstendell@cityofpalrridesert.ore>; K_lassen, Rachelle <rklassen@cityofpalmdesertorg> Subje ct : FW:Move to Desert Community Energy:. ::.:: :Please see another email below regardingD.CE to be included with public comments on this agenda item Thursday.. I am responding to the residents and thanking them for their input. David Herrnar9n Public Information Officer Ph: 760.776.6411 Direct: 760;776.6380 dherrhdnh@ci fyofpalmdesert.org . Sandriailouperlf rif l Sent :Saturday, April.11 ,.2020 9 .:44:AM To.: Information Mail <info@cityofpalmdese.rt.ore> Subject : Move to Desert Community Energy After talking to-my friends in Palm Springs, I am hoping to-see my city follow their lead and move to DCE for: the :city's energy:: ..Many of us have solar.and . drive`electric .cars because we-have concerns .about the future of our -planet Thank you, Sandra L:ooper 48903 Owl Lane Palm Desert 92260: From:' Sent: To: Subject:.. ear City Council :Members: Isdern@charter.net Monday, April.13,.2020 3:11 PM. CityhallMail RE:: Public comment on agenda item. XVI A Please read. into the public record... I am writing:to strongly:urge: you to move to. Desert Community Energy as the Ci accounts. There are three excellent reasons for Palm Desert 1. Local control 2.: Local financial benefits 3. Access to cleaner electricity 's provider for its nwniei i to_ join Palm Springs in this effort::' Many residents in the City have installed solar panels on their. homes,. to save: money and to help reduce pollution,. and, taken other measures, such, as buying electric or. hybrid cars. The City should do everything possible to join. iri ... :: .this. effort. .th e planet Please do not delay: any longer . Palm Desert should step up :arid do the right thing now to start using c leaner energy.. We want our city to be a leader in protecting the environment ,for the future of our children ,our grandchildren and Thank you,. Palm Desert ,: CA 92211 507 Desert Falls Dr. N. Ortega ,Niamh From : Tracey Weiss <legartol @gmail.com> Sent : Tuesday, April 14, 2020 8:49 AM -te=a To: CityhallMail Subject : Desert Commuity Energy y MI -MW f7l Dear Palm Desert City Council Co n Y. First, I want to thank you for the programs and initiatives that you have enacted to make Pajn, t De$Ort the leader in fiscal responsibility, environmental quality and sustainability. I speak for myself and many fellow residents when I state "We are proud to-live in Palm Desert". I understand the board will be voting on whether to stay in the Desert Community Energy program. I have. researched this topic and I am in full support of this program. The program would allow us to choose more green energy, and have control of the revenue and set the rates. The DCE rates are lower (0.5% less than SCE's basic rate and 3-4% less that SCE's green rate) and community members will have a choice to enroll in either one. Palm Desert municipal accounts will also save money , each commericial rate is cheaper than SCE. I encourage the board to join the 100% Carbon Free program, it is cheaper than the SCE green energy rate and it lowers our carbon footprint. Climate Change transcends political, religious and economic beliefs. The bottom line is The Desert Community Energy program provides both the city and the residents lower energy bills. Thank you for your consideration, Tracey Weiss Palm Desert Resident Ortega, Niamh From : John Pick -<jpick52@gmail.com> Sent : Tuesday, April 14, 2020 11:00 AM To: CityhallMail Subject : Fwd: Public Comment on Agenda Item XVI A Sorry. I hit send before including my address. 35751 Gateway Dr.,Unit L-1214, Palm Desert, Ca 92211 ---------- Forwarded message --------- From:John Pick <jpick52@gmail.com> Date: Tue, Apr 14, 2020 at 10:58 AM Subject: Public Comment on Agenda Item XVI A To: <cit halI@cityfpalmdesert.org> r'co d Ts -t, -I. r` re3:rn m =CAMroc ^-) Dear City Council Members: w m We are in the midst of a health and financial crisis, the likes of which none of us have ever seen. The immediate and long term affects of this pandemic could be astronomical. We are. also in the midst of an equally catastrophic event in the form of global climate change. Interestingly, scientists are beginning to see a positive result from the current global COVID pandemic. In the four to eight weeks (depending on your location),, since shelter in place has been in effect, pollution has decreased significantly! Our,planet is being allowed to "clean itself'. Obviously, when things improve with the pandemic, people will be back out and about and behind the wheel again. This is somewhat of a necessity if we are to begin the healing of our economy. However, the Palm Desert City Council is considering a decision today that could help in our planet's healing. Please vote affirmatively to bring clean energy to Palm Desert in the form of Desert Community Energy. A vote to let DCE to provide clean energy to the municipality is a small step, but a positive first step in helping in the continued healing of our planet. ,, Thank you. John Pick l 1 Ortega, Niamh From:CarlosG <crlos@aol.com>.,3 C)Sent:Tuesday, April 14, 2020 10:55 AM c=To:CityhallMail > Subject:Public comments on agenda item XVI A -- Please read into the public recdc^; 53 t'm rn rn - Dear Palm Desert City Council Members: I am writing to encourage you to make Palm Desert part of the solution to the realities of global climate change. As a resident of Palm Desert ,I urge you to move to Desert Community Energy as the City 's provider for our municipal accounts. There are many excellent reasons for Palm Desert to join Palm Springs in this effort ,including: 1. Local control --We don't want or need to be dependent on So Cal Edison or Lancaster or any other region that has different geographical realities than the Coachella Valley. 2. Local financial benefits --Yes, in these times where city sales tax receipts will be catastrophically lower ,the last thing we want to do is to feed the bonuses of Edison executives with our own desperately needed cash. 3. Access to cleaner electricity --If we can make a contribution ,even a small one , to reducing carbon emissions, we should . With all of the terrible things happening with the Covid-1 9 crisis ,the one silver lining is that the sudden drop in emissions that has resulted from the shelter in place rules has produced cleaner air across the world .We can build on this one positive note. Our family ,like many residents in Palm Desert ,has installed solar panels on our home to save money and to help reduce pollution .We have also installed two Tesla batteries in our garage .We also plan to take additional measures --our next car will be an electric vehicle that is powered by the energy we produce ourselves .Palm Desert should do everything possible to join in this effort .The last thing we need is 'for our weather to get even hotter (despite this very cool Spring). Please do not delay any longer .Palm Desert should step up and do the right thing now to start using cleaner energy. We want our city to be a leader in protecting the environment for the future of our children ,our grandchildren and the planet. Thank you, Carlos E. Garcia 74390 Zeppelin Drive Palm Desert , CA 92211-5747 1 Ortega, Niamh From : Information Mail Sent : Tuesday, April 14, 2020 12:22 PM Jo: Ortega, Niamh; Klassen, Rachelle Cc: Hermann, David Subject : Fw: Desert Community Energy vote Good Afternoon, , We received the following message through 'the City's informational e-mail. Thank You! Brianne From: Lynette Wohlmuth <palmstopines60@ gmail.com> Sent: Tuesday, April 14, 2020 11:41 AM To: Information Mail Subject: Desert Community Energy vote Dear PD Council Members,} Don't take away my choice of lower electricity bills, stay in the Desert Community Energy Program! I am a long time PD resident. Thank you! Tom Williams Ironwood CC -VI N 1 Ortega, Niamh From: Sent: To: Subject: Dear Council Members, 'Joyce Floyd <shinetime23 @ yahoo.com> Tuesday, April 14, 2020 12:15 PM CityhallMail l' Public comment on agenda item XVI A,Please read into the public recors We need Desert Community Energy as our energy provider in -In N c'a We want to join Palm Springs in this effort to control our local energy needs, benefit financially and be responsile fogy a providing cleaner energy for our city and our valley! c» Individuals want to reduce pollution. Owners are installing solar panels on their homes to save money and reduce pollution. Others are buying electric and hybrid cars for the same reasons. rV1 My expectation is that our city government will; be doing all they can do to make decisions that are environmentally responsible for our citizens. I will be disappointed if our city does not adopt Desert Community Energy as our energy provider .There seems to be no valid reason to delay joining the effort to do what is best for our community! This issue has been lingering over a year now .It is time to make the right decision for our citizens. Thank you, Joyce Floyd 44579 Sorrento Ct. Palm Desert, CA 92260 r ga. p:r^t 0 t cr^^ n Palm Desert ! -^ G, 1 Ortega, Niamh From : Alex Rose <arose@vividstage.com> Sent : Wednesday, Apri115, 2020 8:57 AM To: CityhallMail Subject : Desert community energy program I am a resident of palm desert and I would like to voice my opinion. Do not take away my choice to lower electricity bills, please stay in the Desert community energy program. Sincerely Alex Rose Sent from my iPhone m -n cn rn 1 Ortega, Niamh From : sharon mattern <matternsharon@yahoo.com> Sent : Wednesday, April 15, 2020 1:10 PM To: CityhaliMail Subject : public comments on agenda item XVI A r Please read following into public record: Dear City Council Members, I'm writing-to urge you to' acquire electricity from. Desert Community Energy for the municipal accounts., I'm in favor of local control of our electric energy`decisions. I'm also in favor of local control of profits. Finally I want cleaner energy for my city and Palm Desert to be a leader in protecting the environment. Thank you very much for your consideration of this matter. Sharon Mattern Deep Canyon Tennis Club 73166 Bill Tilden Lane Palm Desert, CA 92260 Sent from Yahoo Mail on Android Ui m I Ortega ,Niarnh From : Will Sturgeon <will.sturgeon@gmail.com> Sent : Tuesday, April 14, 2020 7:39 PM To: CityhallMail Subject : Desert Community Energy Program Hi there, R ECEIVED OATY CLERK'S OFFICE 2020 APR I S AM 8: 59 As a lifelong Palm Desert resident and small business owner, I just wanted to write to' express my support for Palm Desert being a part of the DCE program that's being proposed. I don't know what the timeline is on PD being a part of it at this point, but I want to express my support for policies and programs that reduce our impact on the climate ,crisis. Clean energy sources are a priority for me. As a renter, I can't put solar on my house, so my only energy option as of now is SCE. I'm in full support of our city adopting DCE. Thanks for all that you do! Will Sturgeon Music Director at AMP Music Maker at brightener Music Facilitator at The Sturdio l 1 Ortega, Niamh RECEIVED 11 TY CLERKS OFF ICE t9i A AA f %. cc r n -r !'' b From: Alanna Fisher <alannamaefisher@gmail.com>2 0 20 A PR 1 5 All 8:59 Sent :Tuesday, April 14,2020 11:13 PM To: CityhallMail Subject :Please stay in the Desert Community Energy Program Please stay in the Desert Community Energy program for the community and the climate. We have an opportunity before us. Community Choice Aggregation through DCE provides expanded local control of our electric power sources and generation rates. Desert Community Energy provides a greater reinvestment in local revenues ,job creation ,and. the development of local renewable energy projects. The individual customer retains the freedom of choice from the base rate Desert Saver plan, the 100% Carbon Free plan, or to stay with Southern California Edison .We deserve competitive rates to stimulate innovation while retaining special rates programs such as Medical Baseline ,Level Pay, and Family Electric Rate Assistance .We deserve increased renewable energy from non-polluting ,carbon-free options and the opportunity to reduce greenhouse gas emissions. Further ,as the City of Palm Desert, we cannot ignore the affordable commercial rates for municipal accounts. It is a clear and obvious choice .We all want better rates and the opportunity to be at the forefront of renewable energy in the Coachella Valley.. Please ,as elected officials ,listen to the voice of your community and vote on our behalf. Put the power in the people 's hands .Stay in the Desert Community Energy Program. Thank you. Alanna Mae Fisher Palm Desert Resident 1 Ortega, Niamh From : J. D. silva <jsilva5677@gmail.com> Sent : Wednesday, April 15, 2020 8:24 AM To: CityhallMail Subject : Desert community energy program RECEIVED f3ij"'Y CLERK'S OFFICE 1. ..Pa 2Q^D APR 15 Ark P: 58 I am a palm desert resident, and I would like it if you do not take away my choice of lower electricity bills, please stay I. The Desert Community Energy Program! I I 1 From:., . sent: To: Cc: Subject: Good Morning;: .:Information Mail: Tuesday, April 14,2020 8 :31 AM' Kl.assen ,Rachelle;.Rocha ,Grace: Hermann , David..:: Fw: Acquiring electricity from DCE for 2021.Attn : City Clerk We received the following communication addressed to the City Clerk through the City's infor mational e-mail. From : -Gayle :Hupf <mhupf@icioud.com> ..Sent: Monday, April 13, 2020 6:59 PM To: Information Mail Subject: Acquiring electricity from DCE for 2021.: Attn: City Clerk The, City of Palm .Desert :has the excel lent*opportunity of acquiring clean energy from :Desert Community Energy when its' City Council meets later .this week .As we have come to know and. understand, from this year forward ,the window of .o.p.po.rtunityto'address .the antic iiipated devastating effects .of climate change is upon us . As-the political .leaders in this' .. community, it is incumbent upon your honorable offices to pla n for.a future that requires our energy needs to be met by please -act :.....renewable sources, not fossil fuels The P resent and-thefuture is now accordin gly cinrcrci^i : Mark and Gayle Hupf 37388 Med.jool.Ave Palm Desert , Ca 92211 Sent. from my iPad