Tuesday, May 14, 2024
5:30 PM
CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
Council Chambers
City Council
Agenda
May 14, 2024City Council Agenda
SPECIAL CITY COUNCIL MEETING
City Hall, Council Chambers
NOTICE: The City Council will hold a hybrid meeting in the Council Chambers and virtually via Zoom.
PUBLIC PARTICIPATION
How to observe the Meeting:
1. Comcast TV Channel 15
2. Live stream https://hayward.legistar.com/Calendar.aspx
3. YouTube Live stream: https://www.youtube.com/user/cityofhayward How to submit written Public Comment:
1. Use eComment on the City's Meeting & Agenda Center webpage at:
https://hayward.legistar.com/Calendar.aspx. eComments are directly sent to the iLegislate application used by City Council and City staff. Comments received before 3:00 p.m. the day of the meeting will be exported into a report, distributed to the City Council and staff, and published on the City's Meeting & Agenda Center under Documents Received After Published Agenda.
2. Send an email to [email protected] by 3:00 p.m. the day of the meeting. Please identify the Agenda Item Number in the subject line of your email. Emails will be compiled into one file, distributed to the City Council and staff, and published on the City's Meeting & Agenda Center under Documents Received After Published Agenda. Documents received after 3:00 p.m. through the adjournment of the meeting will be included as part of the meeting record and published the following day.
How to provide live Public Comment during the City Council Meeting:
Participate in the Council Chambers or click link below to join the meeting:
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or
Dial: +1 669 900 6833 or +1 646 931 3860
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SPECIAL CITY COUNCIL MEETING
777 B Street, Hayward, CA 94541
City Hall, Council Chambers
CALL TO ORDER: Mayor Salinas
Pledge of Allegiance: Council Member Bonilla Jr.
May 14, 2024City Council Agenda
AB 2449 TELECONFERENCE NOTIFICATIONS AND CONSIDERATION
ROLL CALL
PUBLIC COMMENTS
The Public Comments section provides an opportunity to address the City Council on items not listed on the agenda or Informational Staff Presentation items. The Council welcomes comments and requests that speakers present their remarks in a respectful manner, within established time limits, and focus on issues which directly affect the City or are within the jurisdiction of the City. As the Council is prohibited by State law from discussing items not listed on the agenda, items will be taken under consideration and may be referred to staff. The City Council welcomes comments, including criticism, about the policies, procedures, programs, or services of the City, or of the acts or omissions of the City Council. Speakers shall not use threatening, profane, or abusive language which disrupts, disturbs, or otherwise impedes the orderly conduct of a City Council. The City is committed to maintaining a workplace free of unlawful harassment and is mindful that City staff regularly attend Council meetings. Discriminatory statements or conduct that is hostile, intimidating, oppressive, or abusive – are per se disruptive to a meeting and will not be tolerated . ration and may be referred to staff.
PUBLIC HEARING
Public Hearing No. 1 to Receive Input from the Community on City Council Districts to be Established for District-Based Elections Beginning in 2026 (Report from City Attorney
Lawson)
PH 24-0211.
Attachments: Attachment I Staff Report
Attachment II Notice of Public Hearing
Attachment III Q2 Data & Research LLC Presentation
Attachment IV Tripepi Smith Presentation
ADJOURNMENT
NEXT MEETING, May 21, 2024, 7:00 PM
May 14, 2024City Council Agenda
PUBLIC COMMENT RULES
Any member of the public desiring to address the Council shall limit their comments to three (3) minutes unless less or further time has been granted by the Presiding Officer or in accordance with the section under Public Hearings. The Presiding Officer has the discretion to shorten or lengthen the maximum time members may speak. Speakers will be asked for their name before speaking and are expected to honor the allotted time.
PLEASE TAKE NOTICE
That if you file a lawsuit challenging any final decision on any public hearing or legislative business item listed in this agenda, the issues in the lawsuit may be limited to the issues that were raised at the City's public hearing or presented in writing to the City Clerk at or before the public hearing.
PLEASE TAKE FURTHER NOTICE
That the City Council adopted Resolution No. 87-181 C.S., which imposes the 90-day deadline set forth in Code of Civil Procedure section 1094.6 for filing of any lawsuit challenging final action on an agenda item which is subject to Code of Civil Procedure section 1094.5. ***Materials related to an item on the agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the City Clerk ’s Office, City Hall, 777 B Street, 4th Floor, Hayward, during normal business hours. An online version of this agenda and staff reports are available on the City ’s website. Written comments submitted to the Council in connection with agenda items will be posted on the City ’s website. All Council Meetings are broadcast simultaneously on the City website, Cable Channel 15 - KHRT, and YouTube. ***
Assistance will be provided to those requiring accommodations for disabilities in compliance with the Americans with Disabilities Act of 1990. Interested persons must request the accommodation at least 48 hours in advance of the meeting by contacting the City Clerk at (510) 583-4400 or [email protected].
Assistance will be provided to those requiring language assistance. To ensure that interpreters are available at the meeting, interested persons must request the accommodation at least 48 hours in advance of the meeting by contacting the City Clerk at (510) 583-4400.
CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: PH 24-021
DATE: May 14, 2024
TO: Mayor and City Council
FROM: City Attorney
SUBJECT
Public Hearing No. 1 to Receive Input from the Community on City Council Districts to be Established for District-Based Elections Beginning in 2026
RECOMMENDATION
That the Council conducts the public hearing, receives presentations from the demographer and consultants and receives input from the community regarding composition of City Council districts to be established for district-based elections beginning with the 2026 election cycle.
SUMMARY
On April 16, 2024 the City Council adopted a resolution declaring its intent to begin the process of transitioning from at-large elections to district-based elections beginning with the 2026 election cycle.
The transition process begins with two public hearings required by Elections Code section 10010.
During these hearings, the City Council receives input from the community regarding the composition of the proposed districts. Subsequent public hearings involving review and discussion of draft district maps are also required to be held. Those hearings will be scheduled at a later time. This transition process does not impact the upcoming 2024 election.
ATTACHMENTS
Attachment I Staff Report
Attachment II Notice of Public Hearing
Attachment III Q2 Data and Research LLC Presentation
Attachment IV Tripepi Smith Presentation
CITY OF HAYWARD Printed on 5/10/2024Page 1 of 1
powered by Legistar™
DATE: May 14, 2024
TO: Mayor and City Council
FROM: City Attorney
SUBJECT: Public Hearing No. 1 to Receive Input from the Community on City Council Districts to be Established for District-Based Elections Beginning in 2026.
RECOMMENDATION
That the Council conducts the public hearing, receives presentations from the demographer and consultants and receives input from the community regarding composition of City Council districts to be established for district-based elections beginning with the 2026 election cycle.
SUMMARY
On April 16, 2024 the City Council adopted a resolution declaring its intent to begin the process of transitioning from at-large elections to district-based elections beginning with the 2026 election cycle. The transition process begins with two public hearings required by Elections Code section 10010. During these hearings, the City Council receives input from the community regarding the composition of the proposed districts. Subsequent public hearings involving review and discussion of draft district maps are also required to be held. Those hearings will be scheduled at a later time. This transition process does not impact the upcoming 2024 election.
BACKGROUND
The City of Hayward currently utilizes an at-large election system for the Mayor and City Councilmembers. This means that the electors from the entire City choose the Mayor and six (6) City Councilmembers. A district-based election system is one in which the city is geographically divided into separate districts, each with one Councilmember who resides in the district and is chosen by the electors residing in that particular district.
On May 28, 2021 the City received a letter from attorney Scott Rafferty in Walnut Creek, California alleging that the City’s system of at-large elections violates the California Voting Rights Act (“CVRA”). On March 10, March 21 and March 22, 2024, Mr. Rafferty sent additional letters to the City Council on this topic. The letters generally claim that Asian American voters in Hayward have different voting preferences than the rest of the Hayward electorate, a phenomenon known as “racially polarized voting,” and that their electoral influence has been unlawfully diluted by the current at-large voting system. Consequently, Mr. Rafferty and his clients (Jack Wu and Neighborhood Elections Now) seek a transition to district-based elections for November 2024.
DISCUSSION
Public Hearing Timeline
Pursuant to Elections Code section 10010, the City must hold at least four public hearings in connection with the establishment of electoral districts. The City is required to hold at least two public hearings over a period of no more than 30 days before any map or maps of the boundaries for the proposed voting districts are drawn. The first two public hearings will give the community an opportunity to provide input and the City Council to provide initial direction on the composition of the wards before any maps are drawn. The second public hearing to receive input regarding composition of the proposed districts will be May 28, 2024 at 6:00 p.m. at City Hall.
Following these initial hearings, draft district maps will be developed, and two additional public hearings will be held for the purpose of receiving public input regarding the content of the draft maps and the proposed sequence of elections. Elections Code section 10010 requires that the first version of a draft map be published at least seven days before consideration at a hearing. In addition, during Public Hearings #3 and #4, the City Council will be asked to provide direction on the sequencing of future elections. Sequencing of elections refers to staggered terms of office and when each district will host its first election under the new six- district election system.
Final direction on election sequencing will be sought at Public Hearing #4. The City Council is the final decision-making authority on adopting district boundaries and the plan will be incorporated into a recommended ordinance that may be presented to the City Council during Public Hearing #4. Public Hearings #3 and #4 have not yet been scheduled. Additional public hearings may be scheduled as needed, as long as the process can be completed by July 15, 2024, pursuant to the City Council’s April 16 resolution. This timeline may be extended if an extension can be agreed upon with Mr. Rafferty and his clients.
Districting Criteria
In creating the boundaries of the six districts, the process must comply with state and federally mandated criteria that require each district to be as nearly equal in population as practicable and drawn in a manner that complies with the 14th Amendment, the State and Federal Voting Rights Act, as well as the criteria outlined in Elections Code section 21130.
Additional information regarding legal requirements related to districts is included as Attachment III of this item.
Community Outreach
In addition to public hearings, City staff, with assistance from an outreach consultant (Tripepi Smith), has commenced coordinating robust community outreach. To facilitate the sharing of information and gathering of input and feedback on the drawing of district-election maps, the City is establishing a website at www.maphayward.org. Community members can also ask questions and provide input and feedback by calling (510) 583-4444 or by sending an email to [email protected].
Additionally, the City’s social media outlets will be updated weekly, flyers and a city-wide mailer promoting the public hearings will be distributed to the community, and direct email and phone call outreach to community groups and organizations will be performed.
Additional information regarding community outreach efforts is included as Attachment IV of this item. Also, interpreters in Spanish, Mandarin, Vietnamese and Tagalog will be available at all public hearings upon request.
FISCAL IMPACT
Significant staff resources will be devoted to carrying out the process described in this report, including public outreach strategies. The City will also incur costs related to the engagement of outside legal counsel, a demographer and other consultants that may be necessary.
NEXT STEPS
The second public hearing to receive input regarding composition of the proposed districts will be May 28, 2024 at 6:00 p.m. at City Hall.
Prepared by: Michael Vigilia, Senior Assistant City Attorney Recommended by: Michael Lawson, City Attorney
Approved by:
______________
Dustin Claussen, Interim City Manager
I certify (or declare) under the penalty of perjury that the foregoing is true and correct.
Executed at Rio Vista, California.
On this 3rd day of May, 2024.
Legal No. Daily Reviewc/o Bay Area News Group-East Bay 800-595-9595
PROOF OF PUBLICATION
FILE NO. TransitionDistrictBasedElections
Daily Review
The Daily Review
I am a citizen of the United States; I am over the age of eighteen years, and not a party to or interested in the above-entitled matter.
I am the Legal Advertising Clerk of the printer and publisher of The Daily Review, a newspaper published in the English language in the City of Hayward, County of Alameda, State of California.
I declare that the Daily Review is a newspaper of general circulation as defined by the laws of the State of California as determined by this court's decree, dated March 2, 1950, in the action entitled In the Matter of the Ascertainment and
Establishment of the Standing of The Daily Review as a
Newspaper of General Circulation, case number 221938. Said decree states that "'The Daily Review' has been established, printed, and published daily in the City of Hayward, County of Alameda, State of California, for one year or more next preceding the date of the filing of said petition; that it is a newspaper published for the dissemination of local and telegraphic news and intelligence of a general character and has a bona fide subscription list of paying subscribers; … [ ] [and] THEREFORE, … 'The Daily Review' is hereby determined and declared to be a newspaper of general circulation [within the meaning of Government Code §§ 6000 et seq.]" Said decree has not been revoked , vacated or set aside.
I declare that the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit:
05/03/2024
Public Notice Advertising Clerk
2050945
CITY OF HAYWARD/CITY CLERK
MIRIAM LENS
777 B ST.
HAYWARD, CA 94541
0006826549
1r.BP316-07/17/17
Districting the
City of Hayward
Karin Mac Donald
Q2 Data & Research, LLC
Date 2024
The California Voting Rights Act
• The 2001 California Voting Rights Act (CVRA) expands on the Federal Voting Rights Act by making it easier for members of a protected class to prove that at-large elections ‘dilute’ their voting strength.
• Many jurisdictions including Cities and Special Districts throughout California have transitioned from ‘at-large’ to ‘by-district’ elections prompted by the CVRA
• Other jurisdictions have decided on their own to transition to ‘by- district’ elections.
2 The Process
• The CVRA has strict timelines and requirements for hearings • There are 4 hearings that must take place
• 2 hearings must be held prior to creating a draft map • Draft map(s) must be posted for feedback
• After the public has provided input on the draft maps at the 3rd and 4th hearing, the Council can adopt the new district boundaries • The process the City of Hayward is entering into is called ‘districting’
3 Criteria and Laws
•U.S. Constitution
• Population Equality
•Federal Law
• Voting Rights Act
•California Elections Code
• Process and Criteria
4 Criteria for mapping:
• There are 5 basic Criteria used for drawing districts • These Criteria are ranked in order of importance
1: Equal population
2: Compliance with the Federal Voting Rights Act (FVRA) 3: Contiguity
4: Respect for Communities of Interest
5: Compactness
• Also: disregard Incumbents, Candidates and Political Parties 5 Criterion 1: Equal Population
• The US Constitution requires districts to have reasonably equal populations • In districting, we talk about the “Ideal Population” for each district • To Compute the Ideal Population for each type of district:
Total population ÷ # of districts = Ideal POP
Hayward Total Population from 2020 Census: 162,954
Ideal Population for Hayward City Council Districts?
162,954 ÷ 6 = 27,159 people per/district
6 How Equal Is Equal?
• Different standards for different jurisdictions:
• Congressional Districts must be ‘strictly equal’
• Lower-level districts have more flexibility
• Districts must be reasonably equal:
• Some deviation above and/or below the ideal population is allowed
• Generally up to ±5% is used in FVRA compliance
7 Criterion 2: Federal Voting Rights Act (FVRA),
Section 2
• Prohibits the denial or abridgement of voting rights on the basis of race or language minority status. (42 USC § 1973) • FVRA defines “language minority” as Asian, Native American, Alaskan Native or Spanish heritage. Does not apply to other language groups.
• Prohibits practices that have the purpose or effect of discriminating on the basis of race or language minority status.
• Applies nationwide, to ALL jurisdictions that conduct elections.
8 FVRA and Districting: Vote Dilution
• Electoral systems can limit the “ability to elect a candidate of choice” by a protected class of voters in various ways:
• Example: at-large election systems can sometimes prevent even a large minority group from electing a candidate of choice, when the majority votes against them.
• Example: single-member districts can be drawn in ways that minimize voters’ ability to elect a candidate of choice.
• Systems that limit ability to elect in this way are said to “dilute” minority voting strength.
9 FVRA Section 2: Methods of Vote Dilution
• A districting plan can dilute minority voting strength through two main ways:
• “Cracking”
• Dividing up a politically viable population concentration so it doesn’t constitute a majority in any district.
• “Packing”
• Drawing high proportion minority population into one district when it could be politically viable in more than one district 10 FVRA Section 2: Methods of Vote Dilution 11
“Cracking” “Packing”
Race and Districting
• Supreme Court opinions have limited the role that race can play in districting
• Race cannot be the predominant criterion in line drawing • Race should not subjugate “traditional districting principles” (Compactness, Contiguity, Communities of Interest)
• District appearance has been important in some cases. 12 Criterion 3: Contiguity
• Contiguity: A district in which all parts must be adjacent to another part
in other words...
• A district in which one may travel from any location to any other location without crossing the district boundary
• California law specifies that areas that meet only at the points of adjoining corners are not contiguous
and that:
• Areas that are separated by water and not connected by a bridge, tunnel, or regular ferry service are not contiguous. 13 Criterion 4: Communities of Interest (COIs)
• Council districts shall respect Neighborhoods and Communities of Interest as much as practicable.
• "Communities of Interest” generally refers to a contiguous population which shares common social and economic interests • Communities of Interest are not districts: they can be used as building blocks for districts
• There are no datasets readily available to define Communities of Interest (COIs)
14 Who Defines Communities of Interest? You DO!
• The law does not limit the kinds of interests that may bind a community.
• It is up to those who live in or work with communities to identify and establish the interests that unite it.
• Interests need not be limited to current situation, but can also include common goals.
• Interests should not include affiliation with political party or candidate • Communities of Interest vary in size: mostly much smaller than districts.
• The City will need your input to define Communities of Interest in Hayward!
15 Common Interest Examples:
• Economic interests:
• Current situation -- common employment or economic opportunities (or lack thereof).
• Goals -- expanding opportunities, development, bringing in businesses and jobs, etc.
• Social interests:
• Current -- schools, culture, transportation, parks
• Goals -- improving recreational opportunities or public safety, preserving historic resources, etc.
• Neighborhoods are often thought of as Communities of Interest 16 How to document your COI
Please answer the following questions:
• What bonds your community?
• Outline what defines the COI:
• What is your mission or commonality?
• Explain what is different outside of the boundaries of your Community of Interest
• Where is your community located in the City?
• Create a map of the boundaries (use Google maps, GIS/mapping program, paper, etc.)
• Write down the boundaries
• Residents will also receive instructions on how to use the State’s Community of Interest tool to map their COIs and submit them to the City.
17 Criterion 5: Compactness
• Addresses the geography of the district
• There are many different ways to measure
• Assumed to “guard against all types of gerrymandering” “drastic departures from compactness are a signal that something may be amiss”
• Most common complaints come from appearances:
• Does a district look funny?
• “eyeball approach” “appearances do matter”
18 Components of a Districting
California Law outlines the process:
1. Website
2. 4 Hearings
3. Draft plan development
4. Posting requirements
5. Public Access (incl. Translations and Interpretation)
6. Public Input
19 Hearings/Meetings in more detail
• 5 Required Hearings, 2 Hearings must proceed the Draft map development
• Hearing 1: Consultant provides overview of the process and criteria; collect Communities of Interest and Public Comments • Hearing 2: Council begins to give direction for Draft Maps; Collect Communities of Interest
• After Hearing 2: Consultant works on various map options 20 Hearings/Meetings in more detail
• Hearing 3: Consultant presents visualizations; receives feedback and requests for changes to the visualizations
• After Hearing 3: Consultant works on various map options and draft(s)are posted online for comment
• Hearing 4: Feedback on the Draft Map(s), live adjustments can be made during hearing. Finalize the maps.
• Hearing 5: City Council approves the new districts
21 When and where are the Hearings?
Hearing 1:
May 14 – 5:30pm – City Hall, Council Chambers; 777 B Street, Hayward Focus: Comprehensive Project Overview, Education, Receive Public Input and Comments
Hearing 2:
May 28 – 6pm – City Hall, Council Chambers; 777 B Street, Hayward Focus: Brief Project Overview, Education, Receive Public Input and Initial Instructions for Draft Districts
22 Why should you participate?
• To make sure we know about your Community of Interest. • To give your community a voice and make sure it has equal access to the political process.
• To encourage citizens to register, vote, and remain politically engaged.
• To help shape a districting plan that provides communities a meaningful opportunity to elect candidates who represent their interests on issues that are important to their lives.
23 How to Get Involved
To participate in the process: please testify, submit written testimony, and/or send supporting information to the City
Please provide information about your Community of Interest, or other topics the City needs to know about as soon as possible. COIs should be submitted by May 29 to be considered in the Draft Maps. • Submit information at a hearing, by mail, or drop off at: City of Hayward, 4th floor, c/o City Clerk’s office; 777 B St, Hayward, CA 94541 • Via email: [email protected]
• Via Phone: (510) 583-4444
• Get information online: maphayward.org
24 Tools are available on our website
• Please check for links at maphayward.org:
• Online public districting Tool; to create your own district submissions
• Paper districting kit for printing and manual line drawing • Excel districting kit for creating district submissions • Community of Interest form to print and fill out
• Online Community of Interest Tool; to create a digital map and send us information about your COI
25 Thank you for participating!
Questions?
26 Hayward District FormationOutreach & Engagement Presentation May 14, 2024
Planned and Ongoing Outreach •Launched districting webpage, www.maphayward.org/•Translation and interpretation support–Interpreters in Spanish, Mandarin, Vietnamese and Tagalog to be available at all public hearings upon request. •Social media posts updated on a weekly basis, including set-up of boosted posts•News articles posted online and shared with local media •Flyers promoting hearings and city-wide mailer•Direct email & phone call outreach to community groups & organizations Districting Website•Website went live on May 2•Website content provides in-depth information about the process and how the community can get involved.
Websitewww.maphayward.orgPhone(510) [email protected] Share Your Thoughts
Questions?