HomeMy Public PortalAbout21-70RESOLUTION 21-70
CITY OF MILLBRAE, COUNTY OF SAN MATEO
STATE OF CALIFORNIA
***
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILLBRAE
EXPRESSING THE CITY COUNCIL'S INTENTION, PURSUANT TO ELECTIONS
CODE SECTION 10010(e)(3)(A), TO INITIATE PROCEDURES FOR ESTABLISHING
AND IMPLEMENTING BY-DISTMCT ELECTIONS FOR CITY COUNCIL MEMBERS
WHEREAS, the City ofMillbrae, California ("City") is a general law city, duly organized
under the constitution and laws of the State of California; and
WHEREAS, the members of the Millbrae City Council are currently elected in at-large
elections, in which each City Council Member is elected by all registered voters of the entire City;
and
WHEREAS, the City has received a "form" demand letter from Mr. Kevin Shentonan,
alleging violations of the California Voting Rights Act ("CVRA") and demanding that the City
adopt by-district elections, that is essentially a copy pasted version of letters Mr. Shenkman has
sent to cities all over the state; and
WHEREAS, the demand letter from Mr. Shenkman does not identify his clients and
purported potential plaintiffs, the supposed Southwest Voter Project Education Project members
in Millbrae; and
WHEREAS, the demand letter from Mr. Shenkman does not provide data supporting
racially polarized voting or vote dilution in Millbrae; and
and
WHEREAS, The City Council believes that it is not currently in violation of the CVRA;
WHEREAS, the demand letter from Mr. Shenkman includes factually inaccurate
information about support for various candidates in previous Millbrae elections; and
WHEREAS, the Millbrae City Council believes that the at-large election model provides
better representation for the City ofMillbrae and is the preferred election model by Millbrae voters;
and
WHEREAS, The City Council has determined that, notwithstanding the fact that Mr.
Shenkman's letter lacks any proof of rationally polarized voting, vote dilution, or a violation of
the CVRA, it is in the best interest of the City to move from its current at-large electoral system to
a by-district election for members of the City Council, pursuant to the provisions of the CVRA, to
avoid spending potentially millions of taxpayer dollars in litigation costs; and
WHEREAS, Section 34886 of the Govermnent Code authorizes any city to change to a
by-district system or by-district system with an elective mayor without the need to put such a
change to voters; and
WHEREAS, the City intends to make this transition from an at-large system to a by-
district system in accordance with the procedural rules outlined in Government Code Section
34886 and Elections Code 10010; and
WHEREAS, the City will begin by working with an experienced demographer to assist
the City in establishing maps for a by-district electoral system; and
WHEREAS, before drawing a draft map of the proposed boundaries of the districts, the
City will hold at least two (2) public hearings over no more than thirty (30) days, at which time
the public is invited to provide input regarding the composition of the districts; and
WHEREAS, the City will then publish and make available for release at least one (1) draft
map of the new electoral districts, including the potential sequence of elections shown; and
WHEREAS, once the draft map(s) have been publicized for at least seven (7) days, the
City will hold at least two (2) additional public hearings, over no more than forty-five (45) days,
at which time the public is invited to provide input regarding the content of the draft map and the
proposed sequence of elections prior to the public hearing at which the City Council adopts a map;
and
WHEREAS, if a draft map is revised at or following a public hearing, the revised map will
be published and made available to the public at least seven (7) days before the City chooses to
adopt it; and
WHEREAS, in determining the final sequence of staggered district elections, the City
Council will give special consideration to the purposes of the CVRA, and will take in to account
the preferences expressed by the members of the districts; and
WHEREAS, The City Council reserves its rights to stop this process prior to actual
adoption ofby-district elections at any time, and by adopting this resolution, the City Council does
not bind itself to any one course of action; and
WHEREAS, The City Council further reserves its rights to, following any actual adoption
of by-district elections by ordinance, to revert back to at large elections without a vote of the people
of the City, in the event of changes or amendments to the CVRA, whether by the Legislature or
the courts, including but not limited to a ruling in favor of the City of Santa Monica in the pending
California Supreme Court Case Pico Neighborhood Association v. City of Santa Monica, Case No.
S263972.
NOW, THEREFORE BE IT RESOLVED THAT THE CITY COUNCIL OF THE
CITY OF MILLBRAE, as follows:
1. The above recitals are true and correct and are incorporated herein by this reference.
2. The City Council hereby resolves, pursuant to Elections Code section 10010, to being the
transition to a by-district election system by ordinance as authorized by California
Government Code section 34886, for use in the City's General Municipal Election for City
Council Members.
3. The City Council further resolves to retain a qualified demographer, hold at least five (5)
public hearings and publish at least one (1) draft map and staggering sequence in the next
90 to 180 days. The City will publicly release a draft schedule of the public hearings in
advance, within a reasonable timeframe from this Resolution, and post the same on its
website.
4. The City's redistricting/demographic consulting firm, acting under the supervision of the
City Manager, is hereby authorized to direct and formulate one or more electoral district
scenarios for review by the public and City Council at two or more public hearings if
necessary, in accordance with the City's proposed timeline.
5. Working with the demographic consulting firm, staff is directed to publicize relevant maps,
information, notices, agendas and other materials regarding by-district elections and to
establish means of communication to answer questions from the public.
6. All public hearings shall be noticed on the City's website, and in addition, as follows:
posting on the City's website at least ten (10) calendar days in advance of the hearing and
publication at least ten (10) days in advance of the hearing in the newspaper adjudicated to
provide notice within the City.
7. The City Manager is authorized to take any and all other necessary actions to give effect
to this Resolution.
8. This Resolution shall become effective immediately upon its adoption.
REGULARLY PASSED AND ADOPTED this 12th day of October, 2021.
^^^
ATTEST:
Mayor
3^=^
City Clerk
t0/l4 f-2-1
Resolution No. 21-70
I do hereby certify that the foregoing Resolution was duly and regularly passed and adopted by the
City Council of the City ofMillbrae this 12th day of October 2021, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
EXCUSED: COUNCILMEMBERS:
Schneider, Oliva, Papan, Fung and Holober
None
None
None
None
ttt l^lt\
CITY CLERK