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File Number: 25-236 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. Page 2 City of San Leandro Printed on 9/4/2025