In 2019, the City transitioned from at-large councilmember elections to district-based elections consistent with the Elections Code. This transition brought councilmember elections under the purview of the Fair and Inclusive Redistricting for Municipalities and Political Subdivisions Act (the “Fair Maps Act” or “the Act”).

Every ten years, following the Federal Decennial Census, cities that use district-based election systems must review the boundaries of voting districts and re-adopt new boundaries based on current census data to ensure that the districts remain substantially equal and still protect the rights of members of

communities of interest to vote for candidates of their choice.  The Fair Maps Act establishes multiple requirements on the process of redistricting, including the need for public hearings.

The City has hired National Demographics Corporation to serve as the City’s consultant and demographer to assist with the redistricting process.  Mr. Robert McEntire will be providing a presentation with background regarding the redistricting process. 

Staff recommends that the City Council receive a report on the redistricting process and conduct a public hearing to receive public input on the redistricting process and permissible criteria. 

STRATEGIC PLAN ALIGNMENT

This action is related to Goal B, Strategy 3 of the Strategic Plan:

3. Implement a new system of electing councilmembers by district and establish protocols for governance.

The Fair Maps Act requires that every ten years, and consistent with Federal Census data, the City Council districts be redrawn so that each district is substantially equal in population and subject to additional criteria identified under the Act. The Act further requires that the City engage communities in the redistricting process by conducting public outreach and holding public hearings and/or workshops.

In 2019, the City transitioned from at-large councilmember elections to district-based elections .  On August 12, 2021 the U.S. Census Bureau released data from the 2020 Census.  This release has triggered the mandatory timeline contained in the Fair Maps Act, including the required hearings.  Under state law, public entities with elections in November, 2022 have until April 17, 2022 to adopt district maps that reflects the changes in population indicated in the 2020 Census.

Union City Municipal Code Section 2.40.520 provides that members of the City Council for District 1 shall be elected every four years after November 2020. Districts 2, 3, and 4 shall be elected at the November 2022 general municipal election and every four years thereafter.  In November 2020, the City’s voters participated in the first district based election for District 1.  Since the City Council's transition to district elections, the State has enacted additional laws governing the redistricting process, which sets forth revised redistricting criteria and deadlines for the adoption of new boundaries by the local governing body, hearing procedures that would allow the public to provide input on the placement of boundaries and on proposed boundary map, and requirements to encourage resident participation in the redistricting process.

Outreach Requirements

Pursuant to Election Code section 21608, the City is required to conduct outreach to encourage residents “to participate in the redistricting public review process” by:

1. Providing information to the media organizations that provide local coverage including those that serve language minority communities;
2. Providing information to civic or community groups active in the City, including language minority communities, and those groups who have requested to be notified about redistricting;
3.  Publishing the public hearing location and time on its website at least five (5) days before a hearing or workshop; and 
4.  Publishing a draft map which, if the City has such data, must include data on the total population, voting age population and racial/ethnic characteristics of the voting population of each proposed district on its website for at least seven (7) days before adoption as a final map, but not earlier than three (3) weeks after the Statewide Database is made publicly available.

Public Hearing Requirements

Pursuant to the Act, the City Council is required to hold at least four public hearings, at least one of which must occur before the district maps are drawn. At least two of the hearings must occur after the draft maps are drawn. The Act also requires that the City conduct the public hearings in the following manner:

1. Hearings must be accessible to persons with disabilities.
2. At least one public hearing must be held on the weekend or after 6:00 p.m. on a weekday.
3. If the hearing is consolidated with a regular or special Council meeting, then the hearing must begin at a fixed time. That time must be provided in the public notice for the meeting.
4. Notice regarding the date, time, and location for any public hearing must be published on the internet at least 5 days before the hearing.
5. Live translations of the hearing must be made available if requested at least 72 hours before the hearing.
6. Translations of the hearings must be in an “applicable language” where requested.  An applicable language is any language that is spoken by a group of City residents with limited English proficiency who constitute 3 percent or more of the City’s total population.
7. The public must be allowed to submit testimony or draft maps electronically and in writing.
8. The City must record or prepare a written summary of public comments and Council deliberation and make the recording or summary available to the public within two weeks after the hearing.   

Criteria for Consideration of District Boundaries

In addition to the requirements that the districts must be substantially equal in population based upon federal census data and in compliance with the U.S. and California Constitutions and the U.S. Voting Rights Act of 1965, the Act requires that Council adopt the district boundaries based upon the following criteria in order of priority:

1. Be geographically contiguous;
2. Respect the geographic integrity of neighborhoods or “communities of interest” by minimizing division;
3. Be easily identifiable and understandable by residents and bounded by natural or other barriers, streets or City boundaries;
4. Encourage geographical compactness in a manner that nearby areas of populations are not bypassed for more distant populations; and Not favor or discriminate against a political party.

 This is different than when the City Council first adopted maps for the current Districts.  At that time, the City Council could consider a variety of factors in no particular order – now there is a prescribed order as identified above under the Act.

While the Census Bureau released population data in August 2021, the information included inaccuracies related to demographic data.  Accurate information was provided at the end of September 2021, and National Demographics Corporation hopes to have that in time for the Public Hearing. 

Timeline for Redistricting Hearings

The City Attorney’s Office has developed the following proposed schedule for public hearings as part of the redistricting process:

*Hearings held in accordance with requirements listed above.

There is sufficient time for additional hearings if necessary.

At the November 9, 2021 public hearing, National Demographics Corporation will provide information to the public regarding how to participate and submit their own maps.  National Demographics Corporation will have a website that identifies all updated demographic information and provides all tools for participation.  This will be up and running no later than December 1, 2021.

There is no direct fiscal impact associated with conducting the public hearing.

Staff recommends that the City Council:

1. Receive a report on the redistricting process and permissible criteria to be considered to redraw City Council election district boundaries; and
2. Conduct a public hearing to receive public input on the redistricting process and permissible criteria (including without limitation district boundaries and composition thereof).