Item Coversheet
Agenda Item

DATE: 

1/25/2022
TO:

HONORABLE MAYOR AND CITY COUNCIL
FROM:

KRISTOPHER J. KOKOTAYLO, CITY ATTORNEY
SUBJECT:

PUBLIC HEARING TO RECEIVE COMMUNITY INPUT REGARDING DISTRICT BOUNDARIES FOR DISTRICT-BASED ELECTIONS PURSUANT TO ELECTIONS CODE SECTION 21607.1 (2nd HEARING) AND PROVIDE DIRECTION REGARDING PROPOSED DISTRICT MAP – START TIME AT 7:45 P.M.

 

As the City Council may recall, the City transitioned from at-large councilmember elections to district-based elections in 2019. 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”) which establishes certain procedural and legal requirements for reviewing the boundaries of voting districts and re-adopting new boundaries based on current census data.  As part of the process, the City is required to provide the community with the opportunity to submit maps for review and consideration and must conduct a minimum of four public hearings.  

 

The City Council held the first public hearing to receive community input regarding district boundaries for district-based elections on November 9, 2021.  Following the first public hearing, the City engaged in community outreach and provided tools to allow members of the public to participate and propose potential district maps.  The City received 3 proposed maps and the City’s consultant, National Demographics Corporation (“NDC”) prepared 3 proposed maps. 

 

Staff recommends that the City Council conduct a second public hearing to solicit community input on boundaries and composition of new council election districts, review the proposed maps, and provide direction regarding a proposed map. 

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.



BACKGROUND


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 hired National Demographics Corporation to serve as the City’s consultant and demographer to assist with the redistricting process. At the first public hearing on November 9, 2021, Mr. Robert McEntire provided a presentation with background regarding the redistricting process.  


DISCUSSION

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.

 

By law, the City must hold at least four public hearings to enable community members to provide input on the drawing of district maps. The City must hold at least one public hearing to receive input on the composition of the district maps before draft district maps are drawn. The City must hold at least two public hearings after the maps are drawn. If the Council provides direction regarding a proposed map, staff will return with a proposed ordinance for first reading at the third public hearing and, at the fourth and final public hearing, a proposed ordinance for adoption implementing the selected council election district map. The City has until April 17, 2022 to complete the redistricting process.

 

            Timeline for Redistricting Hearings

 

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

 

Dates

Actions

November 9, 2021

Public Hearing #1* HELD

January 20, 2022

Deadline to Post Notice of Hearing # 2

January 25, 2022

Public Hearing #2*

February 17, 2022

Deadline to Post Notice of Hearing # 3

February 22, 2022

Public Hearing #3*: Introduce ordinance

March 3, 2022

Deadline to Post Notice of Hearing # 4

March 8, 2022

Public Hearing #4*: Final Adoption of Ordinance.

April 17, 2022

Deadline to Adopt final map for November elections.

*Hearings must be held in accordance with the Fair Maps Act.

 

The first public hearing was held on November 9, 2021. Consistent with the requirements of the Fair Maps Act and the schedule adopted, Staff recommends that the City Council conduct a second hearing on January 25, 2022 and consider the proposed maps that have been provided.  At the January 25, 2022 public hearing, National Demographics Corporation will provide information regarding the draft maps and the legal standards for consideration of proposed districts. All proposed maps are attached to this staff report.

 

            Public Outreach and Input Regarding Composition of Districts

 

City staff have engaged in extensive public outreach consistent with the requirements under State law.  This included establishing a committed link on the City’s main webpage where the public could obtain information and follow the redistricting process, multiple e-mail blasts, and providing information on social media. 

 

Under State law, draft district maps must be published seven days prior to final adoption.

 

            Criteria for Consideration of District Boundaries

 

As the Council is aware, 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

 

5.       Not favor or discriminate against a political party.

FISCAL IMPACT

There are no direct costs associated with the City Council conducting a public hearing to solicit community input on boundaries and composition of new council election districts.



RECOMMENDATION

Staff recommends the City Council conduct a second public hearing to solicit community input on the potential boundaries and composition of new council election districts, consider the proposed draft maps, and provide direction on a preferred map for possible introduction by ordinance at the next public hearing. 

Prepared by:

Shandyn Pierce, Associate Attorney

Submitted by:

Kristopher J. Kokotaylo, City Attorney
ATTACHMENTS:
DescriptionType
NDC Map 1Attachment
NDC Map 2Attachment
NDC Map 3Attachment
Public Plan 1Attachment
Public Plan 2Attachment
Public Plan 3Attachment
Power PointAttachment