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. 

The City Council conducted the second public hearing on January 25, 2022 to consider the drawn maps.  Following the second public hearing, the City Council provided general direction based on the maps that were drawn and sought a map that consisted of a version of maps 101 and 201 with some elements of map 103.  NDC has prepared a map based on the understanding of Council direction in a manner that complies with all legal requirements for consideration and potential introduction of an ordinance.

Staff recommends that the City Council conduct a third public hearing to solicit community input on boundaries and composition of new council election districts, review the drawn map, and consider introducing an ordinance adopting the final map of district boundaries for district-based elections of Councilmembers in accordance with the redistricting process for the 2020 Federal Decennial Census, and amending Union City Municipal Code section 2.04.510.

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

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 NDC to serves 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.  Following the November 9, 2021 City Council meeting, the City engaged in extensive public outreach and provided mapping tools for the public to provide input and submit their own maps.

The City Council held a second public hearing on January 25, 2022 to consider the drawn maps that were prepared by NDC as well as members of the public.  Following the second public hearing, the City Council eliminated four of the maps but provided general direction for NDC to prepare map that consisted of a version of maps 101 and 201 with some elements of map 103.  NDC has prepared a map based on the understanding of Council direction in a manner that complies with all legal requirements for consideration and staff has prepared an ordinance for introduction.

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.

The City Council held the second public hearing after maps were drawn on January 25, 2022 and provided direction regarding a proposed map.  NDC has drawn a map for Council consideration based on an understanding of the feedback provided.  If the City Council finds the draft map acceptable, staff has prepared a proposed ordinance for first reading at the third public hearing.  Assuming the City Council introduces the ordinance, staff will return on March 8, 2022 for the fourth and final public hearing, and the proposed ordinance for adoption implementing the selected council election district map.  This would be consistent with the original anticipated timeline below.  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:

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

The first public hearing was held on November 9, 2021 and the second hearing was held on January 25, 2022. Consistent with the requirements of the Fair Maps Act and the schedule adopted, staff recommends that the City Council conduct a third hearing and consider the proposed map that have been drawn based on NDC and staff’s understanding of City Council direction.  At the February 22, 2022 public hearing, NDC will provide information regarding the draft map, which is 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 districting 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 Fair Maps 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.

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 and introduction of the proposed ordinance.

Staff recommends the City Council conduct a third public hearing to solicit community input on the potential boundaries and composition of new council election districts, consider the drawn draft map, and, if the City Council is comfortable with the draft map,  waive full reading and conduct a first reading and introduction of the proposed ordinance.  Should the City Council seek further revisions to the drawn draft map, the City Council should provide that direction and staff will return on March 8 with a further draft map for introduction of an ordinance.