WorkshopPublic Comment
From: Christina Nguyen <ctnguyen@ocapica.org>
Sent: Tuesday, July 13, 2021 11:47 AM
To: Public Comment
Cc: Jazzmin Mercado; Grace Fan; jgomez@aclusocal.org; cvalencia@aclusocal.org
Subject: Public Comment Via E -Mail for 7/13/2021
Attachments: 2021-07-13 - Anaheim City Council OCAPICA_PRA Redistricting Process Letter.pdf,
Redistricting Outreach Best Practices (Counties Cities).pdf
Dear Members of the Anaheim City Council,
Attached are two documents submitted in support of public comment to be provided at today's July 13, 2021 city
council meeting by the Orange County Asian Pacific Islander Community Alliance -- member of the Anaheim Citizens
Redistricting Committee and the People's Redistricting Alliance -- in partnership with the American Civil Liberties Union
of Southern California.
Thank you for your time,
Christina Nguyen
Program Coordinator, Policy and Civic Engagement
OCAPICA
Orange County Asian and Pacific Islander Community Alliance
12912 Brookhurst St, Ste 410
Garden Grove, CA 92840
(858) 717-5129
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July 13, 2021
Sent Via Email
Anaheim City Council
City Hall Council Chambers
200 S. Anaheim Blvd., First Floor
Anaheim, CA 92805
publiccomment@anaheim.net
Re: Public Comment on the City Council Redistricting Process for the July 13, 2021 Meeting
Dear Members of the City Council:
The Orange County Asian and Pacific Islander Community Alliance (OCAPICA) commend the City
Council for agendizing redistricting well ahead of the Council's deadline to adopt a district map. OCAPICA
is part of the Anaheim Citizens Redistricting Committee and the People's Redistricting Alliance, two
coalitions made up of Anaheim residents and community-based organizations, respectively, working in
the region to promote a greater community voice in the redistricting process. We write to provide
feedback and suggestions on the City Council's planned process.
Decennial redistricting is constitutionally mandated, and state and federal law lay out detailed
steps that the City of Anaheim must take. Some parts of the process, such as creating a redistricting
website and retaining consultants to ensure maps comply with state and federal law, need to begin
happening now. Other parts of the process, such as hosting public hearings and creating a process to
receive public testimony and draft maps, take months of preparation. Below we provide an overview of
the minimum requirements for the City's redistricting process. We urge the Council to strive to go well
above this floor to maximize public participation, increase transparency, and draft a map that ensures
fair representation for all communities.
I. Redistricting Process Requirements
AB 849 and AB 1276, or the Fair Maps Act,' provide detailed requirements that the City must
follow before adopting a final map. Although the City's deadline to adopt a map is not until the spring of
2022, hundreds of other jurisdictions across the state will be redistricting during this period and will also
need redistricting consultants. It is therefore imperative for the City to expeditiously retain consultants
and build the groundwork to engage the public. We have attached as Exhibit A a two-page document
with best practices on education and outreach and summarize legal requirements and provide
suggestions below.
A. Redistricting Webpage
The City must create a webpage dedicated to redistricting2 and we appreciate that the City has
already started the process of building the webpage.3 The webpage must include an explanation of the
'The charter city provisions of the Fair Maps Act are codified in sections 21620 to 21630 oft he Elections Code.
Cal. Elec. Code § 21628(g).
a City of Anaheim, Redistricting Process, htto://anaheim.net/2154/Redistrictine-Process (last accessed July 9, 2021)
redistricting process in English and Spanish.',' The City, however, should strive to go beyond these
languages and also cover other commonly spoken languages in the region, including Arabic, Chinese,
Korean, and Vietnamese. The Secretary of State has already created templates in ten languages and
posted them here.
The webpage will also need to include or link to the following: procedures for the public to
testify during a hearing or submit written testimony; a calendar of all public hearings and workshop
dates; the notice and agenda for each public hearing and workshop; a recording or written summary of
each public hearing or workshop; draft maps; and the final adopted map.' To ensure that the public has
all of the information they need, the City should have a full functioning website before hosting the initial
public hearings and workshops. The City is required to maintain this website for at least 10 years.'
B. Education and Outreach
The Fair Maps Act mandates a thorough education and outreach plan. The City is tasked with
encouraging residents, including those in underrepresented and non-English speaking communities, to
participate in the redistricting process.$ To do this, the City must conduct public outreach about
redistricting to local media organizations and to good government, civil rights, civic engagement, and
community groups or organizations that are active in the jurisdiction, including those serving
limited -English proficient communities, the disability community, and other historically
underrepresented communities? Additionally, the City must provide information to those people and
organizations that have requested to be notified about redistricting.10
Implementing an education and outreach program that truly engages Anaheim communities in
redistricting requires planning, staff time, and an allocation of sufficient monetary resources. We
strongly suggest that the Council adopt a budget that accounts for a robust, multilingual effort to seek
community input in this once -in -a -decade process. We further encourage the City to begin engaging with
OCAPICA and the Anaheim Citizens Redistricting Committee. The City should identify a staff member for
the public to contact about the redistricting process. Finally, we encourage the City to partner with other
districted jurisdictions in the region, including Orange County and school and special districts that
overlap with the City of Anaheim, to educate and notify residents of opportunities to engage in
redistricting. This will maximize city and resources, streamline information, and minimize confusion for
residents.
C. Public Hearings and Workshops
Because the City is large and diverse, the Council should strive to offer far more than the four
hearings required by the Fair Maps Act.11 For example, the City's advisory commission held ten public
meetings during its districting process in 2015, and the Council held three additional hearings in 2016.
° Cal. Elec. Code § 21628(g)(1).
California Secretary of State, Language Requirements for City Redistricting (PDF) at 1 (June 11, 2021), available at
httos://elections.cdn.sos.ca.gov/language-requirements-citv.odf (for the City of Anaheim, listing Spanish as a language requirement for
redistricting purposes).
6 Cal. Elec. Code § 21628(g)(2)-(7).
Cal. Elec. Code § 21628(g).
$ Cal. Elec. Code § 21628(a).
9 Cal. Elec. Code § 21628(a)(1)-(2).
° Cal. Elec. Code § 21628(a)(2).
ii Cal. Elec. Code § 21627.1(a).
There is no reason why the City cannot match or exceed that number of hearings to ensure that the
Council has ample opportunities to hear from the public about their communities of interest and where
the lines should be drawn. The Council should also make the hearings as accessible as possible by
providing video and in-person options to attend the hearings, scheduling the hearings at different times
and days of the week to accommodate varying schedules, and holding the hearings across the City to
ensure that those residents who want or need to attend in person can access hearing locations. We
appreciate the fact that the City plans to offer Spanish interpretation at all redistricting hearings and
encourage the Council to also commit to provide Arabic, Chinese, Korean, and Vietnamese
interpretation.
The state will release adjusted data needed to redistrict sometime in September or October of
2021 and the City will need to wait at least 21 days after the data is released before posting draft maps. 12
This waiting period will give the public time to assess data and submit their own draft maps, and ensures
that the City takes the time it needs to assess federal Voting Rights Act (VRA) compliance and to draw
maps that incorporate the robust public testimony the City receives prior to the release of its own draft
maps.
Once the draft maps are published, they must be posted online for at least seven days before the
City selects a final map.13 This requirement is reduced to three days in the last 27 days before the City's
redistricting deadline. 14 The City, however, should strive to give more than seven days to the community
to evaluate draft maps and provide feedback, and should post draft maps considered at any public
hearing or workshop well ahead of the hearing. Community members need a meaningful opportunity to
digest draft maps, to identify recommendations, and to develop alternative maps.
II. City Council Map Requirements
When preparing its redistricting plan and drafting and considering draft maps, the City must
keep in mind the following redistricting requirements:
1. The final map must have districts that are substantially equal in population."
2. The final map must comply with Section 2 of the VRA. This may require the City to include one or
more majority -minority districts. 16
3. The City must follow traditional redistricting principles, including those laid out in the Fair Maps
Act. In particular, the City must use the following redistricting principles in this order of priority:
contiguity; maintain neighborhoods and communities of interest; follow natural and artificial
boundaries; and compactness. 17
4. The City may not adopt a map that favors or discriminates against a political party 18 and cannot
consider relationships with political parties, incumbents, or political candidates when assessing
communities of interest.19
1z Cal. Elec. Code § 21628(d)(3)(A).
13 Cal. Elec. Code § 21628(d)(1).
4 Cal. Elec. Code § 21628(d)(1).
1s Cal. Elec. Code § 21621(a).
16 52 U.S.C. § 10301; Cal. Elec. Code § 21621(b).
Cal. Elec. Code § 21621(c).
s Cal. Elec. Code § 21621(d).
9 Cal. Elec. Code § 21621(c)(2).
Assessing VRA compliance and identifying communities of interest requires extensive public
testimony, an understanding of historical discrimination in the City of Anaheim, and demographic and
statistical analyses that can only be provided through expert consultants. This further highlights the need
for the City to move quickly to retain necessary consultants and mobilize the community to submit
testimony.
We encourage the City to continue planning its redistricting process by, among other things:
• deciding who will draw the lines (e.g., a redistricting commission or the Council);
• receiving a presentation on available consultants, including demographers and outside counsel,
and a timeline for retaining those consultants; and
• working with the public and community-based organizations to develop a robust public outreach
and education plan.
Finally, we implore the Council to ensure a fair and transparent redistricting process that inspires
public trust in local government. Prior to the City's transition to district -based elections, the City was
governed by a Council that was not representative of all residents of Anaheim and that prioritized
corporate interests over communities. Drawing a map that entrenches corporate influence would not
only be illegal under federal law if it results in vote dilution of minority groups, but it may now also be
prohibited by the Fair Maps Act which requires that communities of interests, not corporations, be highly
prioritized over all but a select few factors. This cycle, there are many organizations that are engaging the
public and monitoring the City's redistricting process. Further, many organizations, like the ACLU of
Southern California, are prioritizing redistricting and, if necessary, redistricting litigation. We commend
the City for beginning to plan its redistricting process and urge you to do what is right, continue to plan
and execute a redistricting process that is inclusive of all communities, and adopt a map that is
representative of the City and complies with federal and state law.
We look forward to working with you to make this a fair, open, and transparent process.
Sincerely,
Orange County Asian and Pacific Islander American Civil Liberties Union (ACLU) of
Community Alliance (OCAPICA) Southern California
Member of the Anaheim Citizens Redistricting Member of the People's Redistricting Alliance
Committee and the People's Redistricting Alliance
4
Exhibit A
Engaging Your Constituents in the
LOCAL REDISTRICTING PROCESS
This year your jurisdiction will begin the process of redrawing district lines ahead of the 2022
elections. State law mandates that counties and cities conduct robust public education and
outreach. The following are best practices to help facilitate the community engagement process.
ENCOURAGING CONSTITUENT PARTICIPATION IN THE REDISTRICTING PROCESS*
Your jurisdiction is tasked with encouraging residents, including those in underrepresented communities and
non-English speaking communities, to participate in the redistricting process.i To do this, you must conduct
public outreach to local media organizations, good government, civil rights, civic engagement, and community
groups or organizations that are active in your jurisdiction, including those serving different language
communities, the disability community, and other historically underrepresented communities.ii
USE TARGETED RECRUITMENT STRATEGIES
• Partner with organizations that were involved with the 2020 Census count in your
community, faith -based networks, and community organizations that work with different
language communities.
• Reach out to other agencies and departments within your local government and ask them
to share information with residents they come in contact with.
• Reach out to other jurisdictions redistricting in your geographical area to help educate
and notify residents about getting involved.
• Use ethnic media to promote the opportunity within different language communities.
• Don't forget about youth! Reach out to high school leadership programs and youth -serving
organizations to encourage them to get involved.
• Conduct outreach at virtual and in-person cultural events, community centers, schools,
and places of worship.
CONSIDER DEDICATING A POINT PERSON FOR COMMUNITY OUTREACH
Consider dedicating one or more staff members or consultants to be point people for
outreach. The public should be able to contact them if they have questions about the
redistricting process or have outreach and community education suggestions.
CREATING AND MAINTAINING A REDISTRICTING WEBPAGE*
Your jurisdiction must create a dedicated redistricting webpoge.iii The webpage must include an explanation
of the redistricting process in all required languages. i° It must also include or link to procedures for the
public to testify during a hearing or submit written testimony; a calendar of all public hearings and workshop
dates; the notice and agenda for each public hearing and workshop; a recording or written summary of each
public hearing or workshop; draft maps; and the final adopted map. This webpage will be a critical source of
information for your constituents.
TAKE ADVANTAGE OF RESOURCES CREATED BY THE SECRETARY OF STATE
The Secretary of State created templates explaining the redistricting process and made it
available in ten languages. You can find the templates here.
ENSURE THAT TRANSLATED MATERIALS ARE EASY TO FIND
Arrange your webpage so that translated materials are easy to find.
Instead of listing available languages in English, list them in their respective language.
For example, instead of listing "Spanish" list "Espanol."
CREATE AND TRANSLATE ADDITIONAL MATERIALS
Consider creating and translating additional helpful materials, such as the procedures for
public testimony and submitting written testimony.
CREATE ENGLISH -LANGUAGE MATERIALS WITH AN EYE TOWARDS TRANSLATION
• Use plain English when creating materials so that they can be more easily translated.
CONSIDER PROVIDING TRANSLATION IN ADDITIONAL LANGUAGES
• Translate materials in additional languages, such as those covered by the state elections
code, to better reach your constituents.
CREATING AN INCLUSIVE PUBLIC HEARING & PUBLIC INPUT PROCESS*
Before adopting a final map, your jurisdiction must hold at least four public hearings to receive input
regarding line drawing.,, This includes at least one hearing before and at least two hearings after drawing
your first draft map.„i The fourth required hearing and additional hearings can be held before or after the
draft map is drawn.„ii
PROVIDE ADDITIONAL OPPORTUNITIES FOR INPUT
• Your jurisdiction should strive to offer more than four hearings, advertise them widely,
and make the hearings as accessible as possible.
• Hold hearings in different geographic areas to improve accessibility for all constituents.
• Make all public hearings, including in-person hearings, available over a video platform.
• Consider providing additional days than what is required for constituents to evaluate
draft maps and provide feedback.
• Provide a public mapping tool to make the process more accessible.
BUILD TRANSPARENCY AND ACCOUNTABILITY INTO THE REDISTRICTING PROCESS
Following each round of community input and feedback, consider posting all submitted
testimony on your webpage, and if received in enough time, include the submitted public
comment in the agenda packet for the hearing.
COORDINATE WITH OTHER JURISDICTIONS IN YOUR REGION
Coordinate with other jurisdictions in your region about redistricting -related hearing and
workshop dates to minimize conflicts.
Avoid scheduling hearings that conflict with the California Citizens Redistricting
Commission hearings in your region.
ENSURE LANGUAGE AND DISABILITY ACCESS
Consider providing live interpretation and translation in all required languages
regardless of whether an advance request was made.
Include American Sign Language (ASL) interpretation and closed captioning for
individuals who are Deaf or hard of hearing.
Cal. Elec. Code § 21508(a) (counties); id. § 21608(a) (general law cities); id. § 21628(a) (charter cities).
Cal. Elec. Code § 21508(a)(1)-(2) (counties); id. § 21608(a)(1)-(2) (general law cities); id. § 21628(a)(1)-(2) (charter cities).
Cal. Elec. Code § 21508(g) (counties); id. § 21608(g) (general law cities); id. § 21628(g) (charter cities).
W Cal. Elec. Code § 21508(g) -(h) (counties) (Required languages include "any language in which ballots are required to be provided in the county pursuant to Section 203 of the
federal Voting Rights Act..."); id. § 21608(g) -(h) (general law cities); id. § 21628(g) -(h) (charter cities). Note, the Secretary of State's Office will be releasing a list of required
languages by city here.
" Cal. Elec. Code § 21507.1(a) (counties); id. § 21607.1(a) (general law cities); id. § 21627.1(a) (charter cities).
Cal. Elec. Code § 21507.1(a)(1)-(2) (counties); id. § 21607.1(a)(1)-(2) (general law cities); id. § 21627.1(a)(1)-(2) (charter cities).
”" See, generally, Cal. Elec. Code § 21507.1(a) (counties); id. § 21607.1(a) (general law cities); id. § 21627.1(a) (charter cities).
*For a complete set of legal requirements, please review the relevant code section.