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Committee of the Whole — 2026-05-04

Decision notes (reviewed)

Written by the reviewer from the ASR + docket; [verbatim-ASR] = quoted machine transcript; [paraphrase] = reviewer's wording, not a quote.

Per agenda item (official Granicus index → ASR evidence)

0:27Approval of the minutes of the March 30, 2026 Committee of the Whole.
Motion type(s) spoken: approve · ASR heard “motion passes”
  • 0:27 “All right, so first I will move to approve the minutes of the March 30th Committee of the Whole.”
  • 0:33 “Motions are made and seconded.”
  • 0:36 “Hearing none, all those in favor?”
  • 0:38 “And that motion passes.”
1:22Communication from President Kepple introducing proposed Charter amendments (referred to COW 2/17/26)
Motion type(s) spoken: — · no passage phrase heard by ASR
    1:23ORDINANCE 19-2026 - AN ORDINANCE to take effect immediately provided it receives the affirmative vote of at least two-thirds of the members of Council, or otherwise to take effect and be in force at the earliest period allowed by law, submitting to the ele
    Motion type(s) spoken: — · no passage phrase heard by ASR · ASR heard nay/opposed/abstain wording — verify
    • 28:06 “Second.”
    • 28:07 “Motion's been made and seconded.”
    • 33:55 “And then the second one is,”
    • 6:45 “and be able to be adopted before the filing deadline.”
    • 28:11 “Hearing none, all those in favor?”
    • 28:18 “Or abstentions, you said abstain?”
    • 42:40 “Anyone horribly opposed to that idea?”
    43:29Communication from Chief Assistant Law Director Swallow regarding litigation update.
    Motion type(s) spoken: — · no passage phrase heard by ASR · ASR heard nay/opposed/abstain wording — verify
    • 43:59 “Second, motion's been made and second,”
    • 44:07 “Okay, all right, motion's been made and seconded.”
    • 44:12 “Roll call.”
    • 44:17 “so I'll abstain from the vote”
    • 1:26:42 “Without objection, Committee of the Whole is adjourned.”

    Full ASR transcript

    0:00 All right, we'll call Committee of the Whole to order.
    0:05 I think Council Member Berlick won't be joining us or he'll be late.
    0:12 Late, okay, yes, his child has a special event.
    0:18 We have too many high-excelling council kids these days that are also getting recognized
    0:22 at school board meetings, so that's a good problem to have.
    0:27 All right, so first I will move to approve the minutes of the March 30th Committee of the Whole.
    0:32 So moved.
    0:33 Motions are made and seconded.
    0:34 Any discussion?
    0:36 Hearing none, all those in favor?
    0:37 Aye.
    0:38 And that motion passes.
    0:40 Okay, so we have two main items on the agenda for tonight.
    0:46 The first is we have the litigation update regarding pending litigation,
    0:53 and then we also have the charter amendment related to redistricting.
    0:59 So, and we thought probably the litigation update might be about a half an hour,
    1:04 do we think, would be sufficient?
    1:06 And that's with time for questions.
    1:09 Yeah, okay.
    1:10 So maybe what we'll do is why don't we do the charter first
    1:18 and then we'll just save a half an hour at the end for that.
    1:22 So this, to refresh everybody's memory, this is Ordinance 19-2026.
    1:29 So this is the one regarding redistricting,
    1:32 establishing a redistricting process for the wards, the four wards.
    1:38 And the charter currently, and law department correct me if I'm wrong,
    1:41 but when I reviewed the charter it just says
    1:43 that there should be four ward council members,
    1:45 but it doesn't say how the wards are drawn
    1:47 and they're currently drawn by just ordinance.
    1:49 You're correct.
    1:50 Okay, so thank you.
    1:51 All right, so the Charter View Commission recommended that there be a process.
    1:57 I think this is particularly relevant right now,
    2:00 given the recent Supreme Court decision further upsetting the Voting Rights Act,
    2:06 diminishing it in Section 2,
    2:08 and allowing for more gerrymandering and congressional redistricting.
    2:13 So important that even though I don't think, as I've said before,
    2:19 anyone currently on council would attempt to do that.
    2:23 We want to have things established in charter,
    2:27 which is essentially our constitution,
    2:29 so that we're not relying on norms and people's personal ethics,
    2:34 and it's enshrined in law, in my opinion.
    2:37 So, and that was the Charter View Commission opinion as well.
    2:41 So the way this is currently written, the ordinance,
    2:46 and we had some preliminary discussion about this,
    2:51 the way the Charter View Commission suggested that we do this is,
    2:56 upon the adoption of the charter,
    3:00 at least 100 days prior to the filing date of nominating petitions
    3:03 for the terms beginning in January 28,
    3:05 that they had the Planning Commission reviewing
    3:08 and making appropriate redivisions.
    3:10 And then, again, and beginning after the census in January 2030,
    3:19 once the Secretary of State proclaims the population of cities,
    3:25 then the Planning Commission shall review
    3:26 and make appropriate redivisions of the city into four wards,
    3:30 and then it sets out some ways in which those should be drawn,
    3:33 some parameters that they need to be nearly equal in population,
    3:40 composed of contiguous and compact territory,
    3:42 bounded by natural boundaries or street lines,
    3:45 and then that city council shall adopt and enact the divisions
    3:50 proposed by the Planning Commission
    3:51 unless council specifically finds that such redivisions
    3:54 are not contiguous or compact
    3:55 or bounded by natural boundaries or street lines.
    3:58 And then those would go into place
    3:59 for the next regular municipal election.
    4:02 We had some conversation last time.
    4:04 It seemed like most folks were in agreement
    4:06 that it's good to have a process.
    4:08 There was just some folks wanted to do some thinking
    4:11 about the specific processes laid out
    4:14 and any potential changes that you'd like to see.
    4:18 Vice President Baker.
    4:21 Yes, and I think the process,
    4:25 and by the way, we could do this with an ordinance as well,
    4:28 like tomorrow, but I think that the wisdom
    4:33 of the Charter Review Commission is really good here.
    4:35 My concern is a little bit process-wise now,
    4:38 digging back into this,
    4:39 is we would essentially have a war boundary
    4:43 for like two years and then it would re-trigger again
    4:46 to do it again in like two or three years,
    4:47 so the intention for it to be every 10 years.
    4:51 So I'm just curious as to my colleague's opinion on that.
    4:54 Technically, it looks like it would be like next year
    4:59 would be a redistricting year, I guess,
    5:02 under this charter's prescriptive language.
    5:05 And then after we got the census data,
    5:09 which typically comes in,
    5:10 I think like at the end of 2030,
    5:13 then we would do it again for the elections held
    5:16 and our elections are typically held
    5:18 in odd number of years,
    5:21 well, I guess 2031.
    5:23 So it'd be like a weird,
    5:25 and assuming population wouldn't change that much,
    5:28 I'm just curious if we're good with that, just a thought.
    5:33 Yeah, just to clarify,
    5:36 I think when this was originally,
    5:42 I think this is pretty much the same
    5:44 as what the law department sent,
    5:45 you guys can correct me if I'm wrong on that,
    5:46 but one of the things in section one, though,
    5:50 that was changed was because it's been a while
    5:53 since charter review, so sent there,
    5:57 that was 2024, I think, that they finished their work.
    6:01 And then, so when they first would have sent this in,
    6:06 it might have been going into do this process now,
    6:10 and that would have been a couple of years ago.
    6:11 So now that we're getting closer to 2030,
    6:14 we could take out that initial 2028,
    6:21 redistricting, and just wait until the 2030 census
    6:24 at this time, so you don't have that weird thing.
    6:27 The other thing, I was trying to think through
    6:29 that time-wise, too, in terms of,
    6:31 it makes sense to do it, certainly after the census,
    6:34 so that we have that fresh data,
    6:37 but making sure that aligns so that
    6:43 that the recommendations would come in
    6:45 and be able to be adopted before the filing deadline.
    6:51 Like, I think, substantially in advance
    6:53 of the filing deadline.
    6:54 Right, so that would be June, right?
    7:02 So, yes, June, it would be the filing deadline
    7:05 if we have a primary, which also goes
    7:08 to the rank choice voting thing, but in any case,
    7:11 for council and mayor.
    7:13 Typically June, yeah, because it's September.
    7:17 September election, yeah, so that'd be June,
    7:20 so if the census data came out at the end of 2030,
    7:25 it would have six months, but not really,
    7:29 because you'd wanna have it published before.
    7:32 Then it would have to go
    7:33 through the planning commission process
    7:34 and then come to us for approval.
    7:35 Right, right.
    7:41 Is that something to think about?
    7:43 Whether it would be in effect for the,
    7:46 yeah, 31 election.
    7:54 I also did wanna mention that I did look up,
    7:56 so the last time the words were established
    7:59 by ordinances, as Vice President Baker mentioned,
    8:02 we could do this by ordinance.
    8:04 The only downside to that is, again,
    8:08 because we can do it by ordinance,
    8:10 future council can undo it by ordinance.
    8:12 So, whereas putting it in the charter
    8:14 makes it that the voters have the control.
    8:18 But the last time the words were established,
    8:21 the current ordinances were done in 1971,
    8:23 establishing the current four words.
    8:25 So, it's been a long time since this was looked at.
    8:29 Other council members?
    8:31 Council member Bixenstein.
    8:33 Thank you, President Keppel.
    8:36 Yeah, I think this is,
    8:37 it makes sense for us to explore this
    8:38 and I agree with being process oriented.
    8:41 This question, I guess, is a bit specific to me,
    8:44 but really, it could be applicable
    8:46 to anybody in a hypothetical.
    8:49 As a ward council person who oversees a ward
    8:52 that currently does have a higher population
    8:54 but also lives near the boundary of the ward,
    8:58 I could put myself in a scenario where I switch wards.
    9:02 And I'm not so much concerned about
    9:05 what happens to me there per se,
    9:08 but more so just as part of this process,
    9:10 I guess we just think through
    9:11 what happens in a scenario like that,
    9:13 because it could happen elsewhere as well.
    9:20 Yeah, and that is true,
    9:21 and that is also kind of one of those things too
    9:25 where it would be an unfortunate consequence
    9:28 for the current council members,
    9:30 but also taking it out of the reverse of that
    9:34 is, of course, at the state and federal level,
    9:36 we see maps being intentionally drawn
    9:40 so that elected politicians get to choose their districts
    9:44 rather than the district choosing the politicians,
    9:45 so it is an unfortunate potential consequence
    9:51 that could happen as well.
    9:54 Councilman Bixenstein.
    9:54 Yeah, and to be clear,
    9:56 I'm not so much concerned about my particular situation,
    9:58 but more so just having a policy in place
    10:00 if that were to occur down the road.
    10:04 Other council members?
    10:06 Councilmember Striebeck.
    10:09 Thank you.
    10:10 I echo my colleague's concern.
    10:12 I too am near a border for a ward,
    10:15 and Lord knows another council person from ward two
    10:21 on this day is probably not necessary.
    10:26 And I agree that we could look at that.
    10:29 We should consider that,
    10:31 that if you're an incumbent elected official,
    10:34 that you cannot get drawn out of your ward.
    10:38 I mean, there's gotta be some kind of language
    10:41 that we could put in there.
    10:45 And I think by the time we get to this,
    10:48 if we go into the third,
    10:51 when we talk about 2030,
    10:55 it may not be a concern for myself,
    10:58 but going into the future,
    11:01 I think that that is something to consider
    11:04 for people that come in one day,
    11:08 one week and you're on council,
    11:09 and then you're drawn out of your district.
    11:12 And I don't think that that's very fair either.
    11:17 Vice President Baker.
    11:18 Yeah, and I think it's helpful
    11:19 to think about it from our perspective, right?
    11:21 We're the current holders of these seats, right?
    11:26 Particularly the warded folks.
    11:29 But I think if you think about it
    11:30 from the perspective of charter,
    11:36 ultimately this would come before council.
    11:39 So the whole point here is that
    11:40 this comes before council.
    11:42 And I think that having a good process in place
    11:44 is really important.
    11:50 And the wards don't belong to us,
    11:54 they belong to the residents of the city
    11:56 or the voters of the city,
    11:57 or however we wanna say it.
    11:59 And so the one thing I think about is,
    12:03 as a lawyer, your eyes always go to the shall language.
    12:08 And that's where I think shall adopt unless, right?
    12:11 And so the question becomes,
    12:14 is it a strong presumption of adoption
    12:16 based upon the planning commission's recommendation?
    12:20 Now, I think at the end of the day,
    12:22 you're never gonna have a process
    12:23 that is entirely void of,
    12:27 politics is a bad word,
    12:29 but politics is people talking to each other
    12:32 and thinking about how we should govern our city, right?
    12:35 That's not a bad word,
    12:36 that's just how we govern our city.
    12:39 So honestly,
    12:42 I think this is a really good thing
    12:44 and I think it would,
    12:45 I candidly, right,
    12:47 I'd probably get more streets, right?
    12:49 If we're thinking about it from a personal perspective.
    12:50 Ward one, surface area wise,
    12:53 I guess if land could vote,
    12:54 ward one would have an outsized kind of position.
    12:58 More to canvas?
    12:59 What?
    13:00 You're gonna have more to canvas?
    13:01 A little more spread out in ward one.
    13:03 So walking Ernie's neighborhood is a little different
    13:06 than walking where I grew up on Rio.
    13:08 So yeah, so it's just,
    13:10 it's one of those things.
    13:11 I think that this is a fair,
    13:12 the only thing I would kind of focus on is the shall.
    13:17 Cause I think that,
    13:19 I'm interested in the law department's analysis
    13:21 of this as well.
    13:23 You know, I think what they're trying to do,
    13:25 the charter review commission is,
    13:27 is say that we don't want you to take into account
    13:29 other factors other than contiguous compact
    13:33 bounded by natural boundaries or street lines
    13:36 or doesn't provide for equal population distribution.
    13:41 So I guess, you know,
    13:44 that opens up a process where technically
    13:46 a planning commission recommends something
    13:49 and city council changes it
    13:52 cause that's where this process goes.
    13:53 They recommend we determine for adoption.
    13:58 What does that look like?
    13:59 You know, what's the,
    14:00 is it a taxpayer lawsuit against the city for,
    14:05 you know, city council for not following the,
    14:08 because they think it's not compact enough
    14:10 for our decision was because it was,
    14:12 actually this one's more contiguous.
    14:14 And so I'm just curious if we thought about that
    14:16 from a law department standpoint
    14:17 of like what that would look like.
    14:21 You know, we didn't.
    14:23 And obviously, you know, a taxpayer suit is possible
    14:29 in a lot of different scenarios.
    14:30 I think the commission mostly wanted to make sure
    14:34 that it was commemorated in the charter
    14:36 that there be some process
    14:37 and that future councils couldn't just throw out
    14:40 that work that had been done.
    14:42 And like council president,
    14:44 a couple was saying with gerrymandering
    14:47 and be like, nope, we think there's better lines
    14:48 because that would suit the candidates
    14:51 or the parties or whatever.
    14:54 So that language was very carefully drafted.
    14:57 I don't remember councilwoman Steiner,
    15:02 was that language taken from somewhere?
    15:04 Oh, you're recused, sorry.
    15:07 I forgot.
    15:08 Don't do it.
    15:09 I almost did, I almost blew it.
    15:13 I know that a lot of research went into this
    15:16 in this specific language.
    15:18 And like I said, I think the idea is just to make sure
    15:22 that like you stated, councilman Baker,
    15:25 that the words are based on those factors
    15:29 and that other matters or thought processes
    15:32 don't come into that process.
    15:36 I mean, there are opinions that the dividing line
    15:38 should be East and West and not North South,
    15:40 like all sorts of different conversations that were had,
    15:43 but this is kind of what they honed in on
    15:46 as being the minimum language in the charter.
    15:51 I'll just add to that if I may, council president.
    15:59 The city council obviously is accountable
    16:04 as an institution to the voters.
    16:06 The planning commission is not something
    16:09 for you to think about because under this verbiage,
    16:13 and I certainly respect the charter review commission,
    16:19 city council, even in their best of judgment
    16:23 and discretion would not be able to stray
    16:25 from those factors if it's in there.
    16:28 So we're putting a lot of trust
    16:30 in the planning commission to get it right,
    16:33 to have the best of motivations and incentives.
    16:37 And if not, there's no accountability.
    16:43 So I think this is somewhat related
    16:46 to what the vice president was just speaking to,
    16:49 something for council to think about
    16:51 if you wanna defer that kind of decision-making
    16:54 to the commission.
    16:57 Thank you.
    16:58 Another thought I had, one of the reasons
    17:01 the planning commission was suggested
    17:04 in charter review commission was because of,
    17:08 they would have experience looking at mapping software
    17:11 and those sorts of things.
    17:12 However, it is also worth noting in addition
    17:15 to Director Vargo's point is it is a smallish body
    17:20 that isn't necessarily representative
    17:23 of the community in a lot of ways.
    17:24 So another thought is, Director Vargo's point
    17:31 is I understand the accountability issue,
    17:35 it's also the taking it out of a lot of people
    17:41 a lot of folks have looked at ways
    17:43 to take district drawing like at the state level
    17:46 out of the hands of the candidates
    17:48 who could benefit from drawing the line.
    17:50 So what does that look like?
    17:53 So another thought is using the citizens advisory
    18:01 committee, which would be a bigger body
    18:05 potentially more representative could also be less shell
    18:11 and more for council to approve.
    18:16 But then we're back to that we would be in the process.
    18:24 So things to think about there.
    18:27 It could also be that they make a recommendation
    18:33 in that if council doesn't approve them
    18:35 the maps stay as they have been or something.
    18:38 I don't know.
    18:40 Open to other thoughts.
    18:42 Councilman Bullock.
    18:43 Thanks, I appreciate the thoughtful conversation.
    18:46 Also, by the way, I'm gonna have to excuse myself
    18:48 kind of like the council person to my left
    18:52 and then come back late.
    18:54 I've got a few minutes still.
    18:55 So the couple thoughts first.
    19:00 So I love the charter review commissions
    19:04 creative initiative and proposals they put forward.
    19:07 Part of me also wants to say that it's also a valid
    19:12 outcome if the charter review commission said
    19:14 we're not going to amend.
    19:15 Like we don't just have to amend everything
    19:18 because we have the opportunity.
    19:20 We make some choiceful non-amendments.
    19:22 Maybe that happened.
    19:24 But I just put that out there
    19:29 from the perspective of kind of restraint
    19:33 when addressing the charter
    19:36 which is our most enduring document.
    19:38 That said, I think this is a good one
    19:41 that I support and like to see the principle enacted.
    19:48 I've got a proposed insertion
    19:54 but also on the process that we've discussed.
    19:59 So to me, it's prudent to have this
    20:03 based on the best data.
    20:06 So I don't feel as strongly about trying to amend wards
    20:10 or have a process for amending wards
    20:12 prior to the next census.
    20:15 In fact, I kind of lean towards waiting for 2030 data
    20:18 since, well, I don't know,
    20:21 probably but maybe I could be
    20:27 talked back into.
    20:28 To address the timing issue,
    20:30 I think that's a good one.
    20:31 My thought would be that the council
    20:34 use decennial census data
    20:37 which we don't control the timeline
    20:38 of when that gets delivered and verified.
    20:40 And we could probably research a little bit better.
    20:43 Different tiers of data come out earlier or later.
    20:46 And so the question would be when does a mid-size city
    20:49 like Lakewood's data come out?
    20:51 I bet you Rick Seca and Marshall Mall could tell us
    20:53 or Dan Wyman could tell us.
    20:56 So we could have some working sense.
    20:58 On those years though, let's say every 10 years
    21:01 we had an update or a potential update.
    21:03 We could buy, I think, ordinance just for that year
    21:07 move back the date of the primary to accommodate that
    21:11 and make it a rational.
    21:14 Well, so you include that adjustment.
    21:17 You know what I mean?
    21:19 That happens in the state elections too
    21:21 where this year state primaries are in May
    21:28 in the presidential year, it's earlier, it's in March
    21:31 because of the different schedule.
    21:32 That's just one option for how you might handle that
    21:35 because it takes the point like you wanna not miss
    21:39 the ward cycle which happens to fall, I guess.
    21:43 Is that always gonna be the case?
    21:45 Or is it gonna alternate decades?
    21:46 Because if it's gonna be 2031,
    21:50 whoever thought you could count up to 2031 for God's sake.
    21:54 2031, five, nine.
    21:57 So it won't be, so maybe what we consider
    22:01 is a one-time exception to allow the schedule to work
    22:08 in a practical sense.
    22:09 To me, I would consider that you could even put that
    22:13 in the language of the charter rather than rush
    22:15 to kind of get data that's less ideal.
    22:19 That's just my philosophy.
    22:22 The other thing about whether the languages say shall
    22:28 or not, it probably should say shall
    22:35 if we believe in this process.
    22:37 Otherwise, it opens the door to city council
    22:39 gaining the process.
    22:42 I think there's a loophole though
    22:45 because we could have the planning commission
    22:49 do its process.
    22:50 We shall adopt unless we find some pretty narrowly
    22:54 defined problems with it.
    22:56 So it goes into effect and then we pass
    22:58 an immediately redistricting however we want.
    23:02 Because all that this proposal says
    23:04 is that the council shall implement
    23:07 the planning commission's recommendation
    23:09 but it doesn't prevent us, does it,
    23:12 from redistricting by ordinance at any time.
    23:16 That's a valid point.
    23:19 So obviously that would be not in the spirit.
    23:23 If council were to do that,
    23:24 that could be a way that you address
    23:28 the one street, one half street issue
    23:34 for incumbent council members.
    23:38 On the other hand, to be honest,
    23:40 it's probably the spirit of this
    23:41 would not be to accommodate us as incumbents.
    23:44 It would be say tough, we're gonna have to duke it out
    23:49 and Cindy Streepid would flatten anybody who.
    23:53 I'm saying that with respect
    23:54 because you're such a strong neighbor.
    23:55 Making perfectly clear, unfair to the voters as well
    24:00 that have elected their candidate
    24:02 to the work that they've done to research
    24:05 and figure out who they want to represent them
    24:09 to then say to them, we gotta pick somebody else now
    24:15 that may have never been in the conversation
    24:18 or been in the election.
    24:23 Last point, I would like to suggest
    24:28 that we insert language to get the socioeconomic diversity
    24:32 which a number of other council members
    24:33 have made a point of.
    24:35 I share the respect for the current north to south shapes
    24:44 because it does balance socioeconomic diversity
    24:47 and that's not currently in the proposal.
    24:50 So the suggestion I have would be,
    24:53 and this is not great wordsmithing,
    24:55 but it's a starting point,
    24:56 would be you insert in the new charter section.
    25:03 So I'm just reading the commencing
    25:06 with federal census descendently taken
    25:09 in the close proximity to January 1, 2030.
    25:11 So that's like paragraph two.
    25:14 You would say potentially after
    25:18 okay, planning commission shall review
    25:19 and make necessary appropriate revisions
    25:21 to the city of four words
    25:22 which shall be as nearly equal in population
    25:24 as is possible, comma.
    25:25 And then insert shall be as nearly as possible
    25:29 equally balanced in socioeconomic diversity, comma.
    25:33 Then continue each word.
    25:36 The spirit of that concept would be
    25:39 right now as written you could do four quadrants
    25:43 or something and then you'd have
    25:46 a less affluent district, a very affluent district.
    25:49 I don't think that's the spirit
    25:50 of what's proposed here in vision,
    25:52 but it would be permissible
    25:55 and maybe somebody would make it argument
    25:57 oh, that's a good idea for some reason.
    25:59 The counter view is that having each word
    26:02 have a balance of socioeconomic diversity
    26:06 it brings with it some positives.
    26:09 That's okay.
    26:10 I do think, I have a vague memory
    26:13 that the charter view commission discussed
    26:15 at that point about the socioeconomic diversity
    26:20 and I have a vague memory of that
    26:23 so I'm not, but I do feel like
    26:25 that that was a discussion point
    26:27 of how and whether to articulate that in here
    26:31 because of just the nature of Lakewood
    26:38 how that could make it challenging
    26:39 to draw based on depending on the data.
    26:44 So it could actually end up
    26:45 making them less contiguous I think,
    26:47 but I could be told,
    26:49 I do recall something being discussed
    26:51 about the point of the socioeconomic diversity.
    26:54 I would, I'm thinking just to make some progress here.
    27:00 I think, I tend to think that,
    27:04 I think at the time when this was originally drafted
    27:07 and the charter view submitted to us in 2024,
    27:13 so that would have been for the terms
    27:15 to commence in 2026.
    27:18 It would have made more sense
    27:19 to do an initial redistricting
    27:22 and then do it again after 2030,
    27:24 but I think at this point
    27:25 it doesn't make a whole lot of sense
    27:28 to do it for the terms beginning 2028
    27:32 so that they would need,
    27:36 and we would do it again in 2030.
    27:38 It doesn't really make a whole lot of sense to me
    27:40 because you'd be midterm.
    27:43 So it would make more sense to do it after,
    27:49 I think what I'm suggesting
    27:51 is probably striking section one
    27:54 and just making section two the new section one.
    28:01 And so I'm gonna make a motion to do that.
    28:06 Second.
    28:07 Motion's been made and seconded.
    28:08 Any further discussion?
    28:11 Hearing none, all those in favor?
    28:14 Aye.
    28:17 Any abstentions?
    28:18 Or abstentions, you said abstain?
    28:20 And I didn't hear anybody pose, right?
    28:21 Everybody, side?
    28:23 Okay, all right.
    28:24 All right, so, well that's some progress anyway.
    28:27 And then another thing in terms of timing,
    28:31 so instead of,
    28:36 I think the idea of connecting it to the federal census
    28:39 makes certainly a lot of sense.
    28:41 You want the most updated data,
    28:42 but to the point of also the ward terms
    28:47 being on a four-year schedule,
    28:49 how that's going to flow.
    28:52 So it might make sense to do it,
    28:55 so the next ward cycle would be 28, right?
    29:00 Is that right?
    29:02 The next one's 27.
    29:03 27's the election term to commence in 20.
    29:08 So then that would be 32 would be the next new term
    29:13 after that.
    29:17 Yeah, so maybe tying it instead of,
    29:20 so it would be using the federal census data,
    29:22 but tie it so that it happens prior to the beginning,
    29:27 prior to the filing deadline of the terms
    29:32 to commence in 32, if that makes sense?
    29:36 Yeah, I guess as I think about this more,
    29:38 I get concerned about,
    29:41 right now we have socioeconomic data with the census.
    29:45 We are in a time of great,
    29:48 I mean, the Department of Commerce
    29:49 is the one who runs the census,
    29:50 and there's a lot of monkeying around
    29:54 with the data that comes out of there.
    29:56 And do we get, and so the timeline,
    29:58 I suppose they need it for their own district, right?
    30:02 Like for apportionment and electoral votes
    30:06 and those kinds of things.
    30:07 So at least the population data will come out,
    30:09 but as far as like the deeper dive
    30:11 and the sub-tab or cross tabs, I guess you'd call them.
    30:16 So tying it to that and then have a timeline,
    30:19 what happens if they bust the timeline
    30:21 and then we have like a, you know,
    30:25 I guess that's how it is.
    30:28 Mr. Madam Chair.
    30:29 Council Member Ballek is a good, thoughtful point.
    30:32 I guess, so you could let that be determined
    30:39 by the Planning Commission as to how,
    30:41 so the proposal doesn't define all the terms proposed
    30:46 that the Charter Amendment define all terms,
    30:49 so it's gonna be dictionary language.
    30:51 So socioeconomic diversity,
    30:53 either need to be defined or you rely on the Charter,
    30:56 the Planning Commission rather
    30:57 with the Law Department's Council
    30:59 to come up with an appropriate metric.
    31:02 It occurs to me that County,
    31:05 Cuyahoga County has some data.
    31:08 Property values are pretty widely known.
    31:12 I don't know if that's an acceptable proxy or not.
    31:15 It's probably partly indicative and partly not,
    31:21 but I suspect there's a way that we could solve for that.
    31:27 It's a good point that the census has been,
    31:30 become another frontier in the never-ending
    31:33 and always escalating political wars,
    31:36 which is ludicrous, but that's a risk.
    31:39 But of course we're gonna get better leadership
    31:40 by the time the 2030 census rolls around.
    31:44 So you know what I mean?
    31:45 Like, so that would be,
    31:46 so maybe that's the question would be,
    31:49 do, if we can't rely on accurate and timely data
    31:53 from the Census Bureau,
    31:54 which I hope that will never happen,
    31:56 do we have enough local proxies to use?
    32:02 Dr. Vargo.
    32:03 Thank you, Council President.
    32:04 Just some, I believe, to be facts.
    32:08 These are not policy suggestions.
    32:10 These are just facts.
    32:11 The criteria that the Charter Review Commission
    32:16 provided are objective.
    32:20 Objective.
    32:21 Population, contiguous territory, boundaries.
    32:27 Socioeconomic status seems more subjective than that.
    32:35 Subject to argument.
    32:38 Is the Planning Commission,
    32:42 I mean, these are volunteers.
    32:44 They have a full plate with respect to
    32:47 what they otherwise do on the Planning Commission.
    32:51 It would be a big request for them to get it right.
    32:55 And it is, it's not theoretical
    33:00 that somebody who is disgruntled
    33:02 or a group disgruntled by this would not sue.
    33:06 We have seen a case involving Lakewood's charter
    33:10 where a resident sued because of a variation
    33:14 of what a Planning Commission said
    33:16 and what the city administration did.
    33:19 30-year-old case.
    33:22 And the appellate court deferred to the administration.
    33:25 So it happens.
    33:27 And if, so that's something to consider
    33:30 if we're going to accept some subjectiveness to this,
    33:34 what is the risk down the road?
    33:36 Thank you.
    33:38 Thank you.
    33:39 You know, another point here is,
    33:43 well, two things in my head that are questions
    33:46 to be answered are, is Planning Commission
    33:48 the correct citizen group
    33:50 to make recommendations to us on this?
    33:55 And then the second one is,
    33:56 do we want to keep it as shell
    34:00 unless they are not contiguous or compact or bounded?
    34:03 You know, certainly I'm in favor of politicians
    34:09 not drawing their own district.
    34:10 So I want to find a solution here.
    34:12 But I do think another option is
    34:15 how the Civil Service Commission language
    34:18 is written around salary recommendations
    34:22 that they would go into effect
    34:24 unless council takes other action.
    34:28 And we could say that council can only take other action
    34:34 or if council were to take other action
    34:37 the districts would still need to be
    34:40 contiguous and compact and all those sorts of things.
    34:43 So that's a thought as well as sort of flipping it saying
    34:49 it shall go into effect unless we take action.
    34:56 And then also on the question of Planning Commission
    34:59 or a different group.
    35:00 Yeah, I think part of this is
    35:03 the more I've thought about this,
    35:04 because this is hard.
    35:06 This is probably why no one's ever done it, right?
    35:08 Well, we just kept it by resolution or ordinance.
    35:13 The most accountable people in the city
    35:17 are the nine elected officials in this city.
    35:22 The mayor, the judge, and us.
    35:26 We have to go out every two or four years
    35:28 and justify why we deserve our positions, right?
    35:36 I know we've had,
    35:37 we have other people on this council
    35:38 who've served on other boards and commissions.
    35:40 I've served on Planning Commission.
    35:41 It's in my, at least if past is an indicator of future,
    35:46 it's pretty apolitical.
    35:49 It's kind of more wonky than anything else
    35:51 unless kind of driven by some desire
    35:55 to get someone on something.
    35:57 That doesn't mean that that will not be the case
    36:00 in 10, 20, 30 years.
    36:01 I don't know, right?
    36:03 And we're trying to look through.
    36:06 But I do think that ultimately,
    36:09 if we don't accept their, right,
    36:11 if a future council doesn't accept
    36:12 the Planning Commission recommendation,
    36:14 they better say why.
    36:18 And if they don't, they can be voted out, right?
    36:20 Those people who voted for that.
    36:22 So that's where I'm,
    36:23 I almost view this as like a separation of power thing.
    36:26 Like I, if there's an entity that's gonna be
    36:29 making a vote that is controversial
    36:32 or that affects how residents in this city
    36:38 are represented, it should be this body
    36:40 and not Planning Commission.
    36:42 Although I do think that Planning Commission's
    36:44 recommendation, and Director Vargo said
    36:48 they're volunteers, they are,
    36:49 but they're highly skilled volunteers
    36:50 that, you know, have good experience.
    36:52 Now others could be good too,
    36:54 and perhaps I'm myopic
    36:56 because I served on Planning Commission.
    36:59 But I think I'm less comfortable with,
    37:04 we might not be here when this comes up, right?
    37:06 These seats aren't ours.
    37:07 We're just sitting in them for the time being
    37:09 and doing our best to represent the folks
    37:11 that we represent.
    37:13 But I do think that it should be this body's decision.
    37:17 That's kind of where I'm landing
    37:18 as we talk through this.
    37:19 But, and justify it if we don't agree
    37:24 with what Planning Commission gives us.
    37:28 Other council members?
    37:33 Councilman Book.
    37:36 Okay, just listening to the feedback,
    37:40 two thoughts would be, so rather than attempt to,
    37:44 I would hope socioeconomic diversity
    37:46 is not excessively subjective.
    37:49 There's a lot of professional data out there
    37:53 that defines this.
    37:53 I think maybe, Law Director, your point is
    37:56 you're thinking ahead about
    38:01 ammo against frivolous lawsuits
    38:03 or litigious actors,
    38:06 and so you'd rather have clearer terms
    38:10 than not clearer terms as a general rule.
    38:13 One way that could be gotten would be
    38:15 you could just require that all four
    38:17 of the proposed wards each have
    38:19 a northern boundary on the lake.
    38:22 That's not gonna change, not significantly.
    38:25 Maybe it creeps southwards a few feet,
    38:28 hopefully not too many, over a decade.
    38:30 And then you could basically define
    38:35 in geographic-shaped terms
    38:38 that there's a requirement that it's bounded
    38:42 on the north by the lake
    38:43 and on the south by the southern border of the city.
    38:46 So really all that would be in play
    38:49 would be the east-west boundaries.
    38:52 That's an option.
    38:54 Instead of the socioeconomic diversity.
    38:58 Question for Councilman Baker is
    39:01 what you're saying, essentially,
    39:02 if we change or soften the council shall
    39:07 to council will duly consider
    39:09 or council may adopt,
    39:10 then that puts the discretion back here.
    39:16 And then the proposed checks and balances
    39:19 is the voters know who to hold accountable.
    39:25 Of course, gerrymandered voters don't.
    39:28 But the geography of Lakewood is a lot more,
    39:34 okay, I won't say never.
    39:36 But there seems to be less scope for mischief
    39:40 here than across greater metro.
    39:46 Yeah, I mean, I think the point is, right,
    39:48 so we're in this situation currently
    39:52 at the state and federal level
    39:53 where gerrymandered voters don't have the opportunity
    39:56 to hold their elected accountable
    39:57 because they've been gerrymandered.
    39:59 So I do think that's much less likely to happen here.
    40:05 It hasn't happened.
    40:06 The districts have been drawn since 1971.
    40:10 They're contiguous, compact.
    40:13 So they're just slightly off in population currently.
    40:17 So I do think it's less likely to happen here,
    40:20 but it is a fair point.
    40:22 So I guess that's where trying to do both here
    40:28 is I'm thinking of if we were to tweak this language
    40:32 so it was civil, like I said,
    40:36 similar to how the Civil Service Commission's
    40:38 recommendations are.
    40:39 So when they make their recommendations
    40:41 to us about salaries,
    40:44 if council takes no action,
    40:45 they go into effect as though we had.
    40:47 But council still has the opportunity to take action.
    40:49 So that would essentially be
    40:53 if they make a redistricting recommendation
    40:55 and we're like, yes, that all makes sense, great.
    40:58 And we don't do anything, it happens.
    41:00 And if we're like, oh, that's actually not better
    41:04 and we wanna tweak it and here's how,
    41:07 then I think I would still want some language in there
    41:12 that if we tweak it, they still have to be contiguous
    41:16 and compact and all those sorts of things.
    41:17 So we could tweak it, but not draw the snake on the lake
    41:23 or anything like that.
    41:26 Any, how does, I'm seeing a lot of nods.
    41:29 Any feedback on that suggestion, Vice President Baker?
    41:32 Yeah, I like that because I guess I'm right.
    41:34 And this is the problem with crafting
    41:36 what is essentially our constitution, right?
    41:38 Is that you wanna be,
    41:42 you wanna see through the future as much as you can
    41:45 to see what may possibly happen.
    41:49 And I just, you know,
    41:51 cause I think there are reasonable minds could disagree.
    41:55 Planning commission could say,
    41:57 this is contiguous, compact, keeps streets together.
    42:00 And council could say no and have a map
    42:03 that also is contiguous, compact
    42:04 and keeps streets together, right?
    42:06 So, and then it's just a question of like,
    42:08 which body should have more authority?
    42:11 I think the more accountable body should have authority.
    42:13 So I think, which is city council.
    42:17 And so I think what you've described
    42:19 would be a good way to do it.
    42:22 And I think if we had, you know, maybe,
    42:25 you know, myself on a Word document
    42:27 or council president on a Word document for a half hour,
    42:29 we could come up with that
    42:31 for consideration for our colleagues.
    42:36 Okay, any other feedback on that idea?
    42:40 Anyone horribly opposed to that idea?
    42:44 Okay, I'm getting a, okay, all right.
    42:47 So let's, I'm gonna,
    42:51 let's go ahead and just keep this in committee for now
    42:53 and we'll probably have a substitute in the near future.
    42:58 Maybe ask the law department for some help with that.
    43:01 Any concerns from the law department
    43:03 about what we're describing?
    43:06 No, okay.
    43:08 All right, that sounds good.
    43:09 All right, so then let's move on
    43:11 to our other item.
    43:14 And we do have,
    43:15 so we still have all the other charter ordinances.
    43:18 Those will be, we're planning to discuss
    43:21 at the next committee of the whole.
    43:24 So please review those before then,
    43:26 but they're not on the docket for tonight.
    43:28 So our next item is the litigation update
    43:34 from the law department.
    43:36 And so I think you have the,
    43:41 so I don't have the language up here, right?
    43:54 I will make a motion to go into executive session
    43:56 to discuss threatened and pending litigation.
    43:59 Second, motion's been made and second,
    44:01 oh, and let's, can we include in that motion
    44:04 the council staff and obviously the law department?
    44:07 So amended.
    44:07 Okay, all right, motion's been made and seconded.
    44:12 Roll call.
    44:13 Madam Chair, discussion?
    44:15 Yes, discussion.
    44:15 I have to excuse myself for this portion of the meeting,
    44:17 so I'll abstain from the vote
    44:19 and also not attend the executive session,
    44:21 but I'll be back for a full council, thank you.
    44:24 Okay, great.
    44:25 All right, I'm gonna just go down the line.
    44:26 So Bixenstein, yes or no for executive session?
    44:33 Evans?
    44:34 Yes.
    44:34 Capel, yes.
    44:35 Baker?
    44:36 Yes.
    44:37 Stubig?
    44:38 Yes.
    44:39 Hamilton Steiner?
    44:39 Yes.
    44:40 All right.
    1:26:11 Okay.
    1:26:38 All right, Committee of the Whole
    1:26:40 is now exited executive session.
    1:26:42 Without objection, Committee of the Whole is adjourned.
    1:26:44 We'll start full council in just a few minutes.