Title
Public Hearing Number 3 to Receive Input from the Community on City Council Districts to be Established for District-Based Elections Beginning in 2026 and the Sequence of Elections
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EXECUTIVE SUMMARY
On November 21, 2024, the City received a notice of potential CVRA violation from Goldstein, Borgen, Dardarian, & Ho ("GBDH") on behalf of their client and claimant, Robert Bulatao.
On January 6, 2025, the City Council adopted a resolution declaring its intent to transition to district-based elections pursuant to the California Voting Rights Act (“CVRA”). On April 7, 2025, the City Council entered into a written agreement with the claimant to complete all requisite public hearings by July 5, 2025. Two additional public hearings must be held to comply with the written agreement and the CVRA.
RECOMMENDATION
Hold a third public hearing to receive community input and provide direction to staff regarding the submitted draft map(s) and the sequence of elections.
BACKGROUND
As part of the City’s transition to by-district elections, state law requires the City to hold at least two public hearings over a period of no more than 30 days, during which the public is invited to provide input regarding the composition of the districts. (Elec. Code § 10010(a)(1).) The first two public hearings were held on April 21 and May 5, 2025, respectively. The City was not required by law to propose any district maps at the first two public hearings but instead offered the public an opportunity to provide input regarding the district map’s criteria and composition of voting districts. Public comments were received at both public hearings. The City Clerk’s office did public outreach at the San Leandro Farmers Market on April 16 and 30, and May 14, and is scheduled for May 28 as well. Further outreach was published on social media, Instagram and Facebook, as well as in the San Leandro Times, Vision Hispana and Sing Tao newspapers, in English, Spanish and Chinese.
State law requires the City to hold at least two additional public hearings over the course of no more than 45 days, during which the public is also invited to provide input regarding the content of the draft maps and the proposed sequence of elections. (Elec. Code § 10010(a)(2).) Seven days prior to the third public hearing, the City must publish a draft version of the map. (Elec. Code § 10010(a)(2).)
Once a map is selected, state law then requires the City to publish the map for at least seven days prior to consideration at a public hearing during which an ordinance to adopt the district map is voted on by the legislative body.
On May 12, 2025, the City published the proposed district map on the City’s website (https://www.sanleandro.org/1442/District-Elections).
This third public hearing is in accordance with Elections Code section 10010(a), which mandates a public agency that is going from an at-large to district-based election system to hold a public hearing where the governing body votes to approve or defeat an ordinance establishing district-based elections. This allows the public another opportunity to provide input on the City’s transition from at-large to district-based elections of councilmembers as well as the sequence of elections. Pursuant to the written agreement, the City Council intends to conduct its fourth public hearing on June 2, 2025 to allow public input on the proposed district map. Following the fourth public hearing, the City Council intends to select the final map and provide further direction to city staff.
LEGAL ANALYSIS
A. District Composition.
Section 230 of the City Charter requires district boundaries to be drawn whenever the results of the federal census show an increase of five percent (5%) or more since the last redistricting. The City Council last approved new Council district boundaries in 2022, following the 2020 federal census. The 2020 census data, released in August 2021, reveals population growth of 7.13% Citywide, thereby triggering the Charter requirement for the Council’s formal review of its district boundaries.
Between January and April 2022, the City undertook its redistricting process pursuant to Section 230 of the City Charter. The City adhered to the requirements in Section 230(b) throughout its redistricting process. On or around April 2022, the City concluded its redistricting process by submitting its final redistricting plan to the Alameda County Registrar of Voters (“ROV”) - which was later certified.
Pursuant to Section 21130(a) of the Elections Code, public agencies that adopt an ordinance to transition to district-based elections have an obligation under the United States Constitution to ensure that the council districts are substantially equal in population. Population equality must be based on the total population of residents of the city as determined by the most recent federal decennial census for which the redistricting data described in Public Law 94-171 1 are available. (Id., subd. (b).) The City must have “substantially equal” districts. (Reynolds, et al. v. Sims et al. (1964) 377 U.S. 533.) Furthermore, as mentioned above, the City Charter mandates each district contain “as nearly as possible, equal number of residents.”
The FAIR MAPS Act established criteria for adopting election district boundaries. (Elec. Code § 21130(c).) However, these criteria do not apply to charter cities that have adopted comprehensive or exclusive redistricting criteria in its city charter that includes a requirement to keep whole either communities of interest or neighborhoods. (Elec. Code § 21130(g).) For purposes of this subdivision, “comprehensive or exclusive” means either that the city’s charter excludes consideration of redistricting criteria other than those that are identified in the city charter or that the city’s charter provides two or more mandatory traditional redistricting criteria other than the requirement that districts be equal in population. The City’s Charter makes the FAIR MAPS Act’s criteria inapplicable because Section 230 of the City Charter requires the following:
• There be six Council districts, with one Councilmember from each district.
• Each district shall consist of geographically contiguous territory.
• Each district shall consist of geographically compact territory.
• Each district shall contain, as nearly as possible, equal numbers of residents.
• District boundaries shall approximate election precinct boundaries established by the Alameda County Board of Supervisors.
• Any changes to the boundaries of Councilmember districts shall only be made by an ordinance of the City Council.
• No change in district boundaries shall operate to disqualify an incumbent from office before the expiration of the term for which such person was elected or appointed.
B. Sequencing of Elections.
Section 10010(b) of the Elections Code is the only provision under the CVRA that addresses principles applicable to elections sequencing:
In determining the final sequence of the district elections conducted in a political subdivision in which members of the governing body will be elected at different times to provide for staggered terms of office, the governing body shall give special consideration to the purposes of the California Voting Rights Act of 2001, and it shall take into account the preferences expressed by members of the districts.
Article XI, section 5(b), of the California Constitution gives charter cities plenary authority over its electoral system and “the manner in which, the method by which, the times at which, and the terms for which the several municipal officers and employees whose compensation is paid by the city shall be elected or appointed, and for their removal, and for their compensation, and for the number of deputies, clerks and other employees that each shall have…” Throughout the by-district transition process, the public has been encouraged to provide input on the contours of the election sequence. The City Council’s decision must be informed by the public’s input. The City Council, however, has and retains discretion to weigh all factors in determining the most appropriate sequencing approach for the City.
C. Next Steps
At the upcoming third public hearing, staff will seek feedback from the City Council on whether the proposed map and sequence of elections will meet the larger goals of the districting process and community at-large. Further review and consideration of compliance with the CVRA and other applicable laws will allow the City to continue progress towards a final determination on or around June 16, 2025.
FINANCIAL IMPACTS
If the City follows the prescribed process under the CVRA and the FAIR MAPS Act, its attorney’s fees exposure will remain capped at approximately $30,000 (as adjusted annually to the Consumer Price Index for All Urban Consumers, United States city average, as published by the United States Department of Labor).
ENVIRONMENTAL IMPACTS
This action is categorically exempt from the California Environmental Quality Act (“CEQA”) because it is not a “project” which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, pursuant to CEQA Guidelines section 15378.
CONCLUSION
Staff recommend that the City Council take public comments on the draft map and the proposed sequence of elections to ensure that the process remains transparent, inclusive, and legally compliant. Community input received during this hearing will inform further refinements to the draft map and help guide the final decision-making process. No formal action is required currently; however, staff seeks Council direction regarding any changes to the proposed district map and election sequencing. Final adoption of a map and election sequence is anticipated following the fourth public hearing scheduled for June 2, 2025.
ATTACHMENT A - Draft District Map
Prepared by: Kelly B. Clancy, CMC
City Clerk, City Manager’s Office