HomeMy Public PortalAbout2022-03-08 Item 8CITY COUNCIL
AGENDA REPORT
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CITY OF MILLBRAE
621 Magnolia Avenue
MUlbrae, CA 94030
SUBJECT:
Waive Second Reading and Enact an Ordinance
Establishing District-Based Elections for
Councilmembers
ATTACHMENTS:
1. Ordinance to Adopt Map G, Order the
Sequence of District Elections in 2022 and 2024, and
Establish a Residency Requirement to Seek a City
Council Seat
Report No.^^n
Agenda Item:
For Agenda of: March 8, 2022
Department:Administration
Originator:Eduardo Gonzalez
Acting City Cleric
Approve
Budget Action: Yes S No Finance Review: N/A
REPORT TYPE: S ACTION D INFORMATIONAL
ITEM TYPE: D CONSENT D PUBLIC HEARING S EXISTING BUSINESS D NEW BUSINESS
RECOMMENDATION:
It is recommended that the City Council waive the second reading and adopt an Ordinance of the City
ofMillbrae to amend the Millbrae Municipal Code by retitling, amending and restating in its entirety
Chapter 2.35 "City Council By-District Elections," providing for the election of members of the City
Council by five districts, establishing the boundaries, identification numbers and the election order of
each district, establishing a residency requirement to seek a City Council seat from each district, and
related actions.
BACKGROUND:
On October 12, 2021, pursuant to Elections Code section 10010(e)(3)(A), the City Council adopted
Resolution No. 21-70 declaring its intent to transition from an at-large system for election of City
Councilmembers to one based on districts. The resolution also outlined specific steps to facilitate the
transition. For more detail on the history leading to this decision, please see the Question/Answer sheet
on the City's website created specifically to educate and inform the public on this subject. A link to the
webpage is linked here: https://www.configuremillbrae.org/district-elections-faq
DISCUSSION:
Currently, voters across the City ofMillbrae vote "at-large" for all five (5) City Councilmembers. A "by-
district" election is one in which the City is divided into separate districts, each represented by one City
Councilmember who resides in that district and is chosen only by that district's voters. The first by-district
City Council election will occur in the November 8, 2022 general municipal election, when two (2)
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districts (District Nos. 2 and 4) will select Councilmembers, with the transition to district-based elections
fully completed in the November 2024 general election, when the final three (3) districts (District Nos. 1,
3, and 5) will select Councilmembers.
The City Council has held seven (7) public hearings for the City’s transition to by-district elections. At
these hearings, the City's demographer made presentations regarding the requirements for by-district
elections, and the process for taking public input to help determine how the City Council districts might
be constructed. The City Council then heard from the public on the various communities of interest that
exist in the City, and how the districts might be drawn to recognize these communities of interest. The
City Council and City Staff also sponsored several community workshops and outreach at community
events in December and January. Although the law requires the City to hold only five (5) public hearings,
the City Council held seven (7) public hearings – not including the additional community workshops held
by City Staff – because the City Council desired to provide as many opportunities as possible for the
public input. Moreover, the City also invited additional public input through its dedicated website, and the
submission of community of interest forms and draft maps.
In addition to input on communities of interest and district composition, the City Council also invited
input on whether to have four (4) districts and an at-large directly-elected Mayor, or five (5) districts with
the Mayor selected by the City Council on a rotating basis. At the December 8, 2021 hearing, based on
input from the public, the City Council voted to proceed with a five-district system with the mayoral
rotation, and directed its demographer to draft maps that divide the City into five (5) districts in preparation
for the January 11, 2022 public hearing. At the January 11th, January 25th, and February 8th public
hearings, the City Council received, reviewed, and heard public input regarding the draft maps that were
presented by the City’s demographer and other information and proposed maps offered by the public at
the hearings or through the City's outreach efforts. All maps considered by the City Council were posted
seven (7) days in advance of those hearings. After these three hearings, the final set of draft maps as
directed by the City Council were made available for public review on February 15th on the City's website.
At the February 8th public hearing, the City Council again invited feedback and public input on the revised
maps developed by the City's demographer and community-submitted maps. The City Council narrowed
the list of draft maps to five; F, G, H, I, and J. These maps came before the City Council at the public
hearing on February 22, 2022. These draft maps comply with the district formation criteria required under
California and Federal law. The City is using the latest 2020 Census data provided by the Statewide
Database with the state prison population reallocated, as required under the Fair Maps Act. These maps
also use the underlying Census tract geography to establish the boundaries of individual City Council
districts. In drawing these maps, the utmost care was used to honor neighborhood integrity, communities
of interest, and the public input received.
At the February 22, 2022 hearing, the City Council again invited input on final draft maps F, G, H, I, and
J. Based on input from the public, the City Council voted to proceed with Map G. The City Council's
selection of Map G was the final step in the ultimate adoption of a five-district electoral map for City
Council elections. Additionally, the City Council also invited public input to determine the order of
elections – that is, which two (2) districts will be on the 2022 general election ballot, and which three (3)
will be on the 2024 general election ballot. The City Council ultimately decided that District Nos. 2 and
4 will be on the 2022 general election ballot, and District Nos. 1, 3, and 5 will be on the 2024 general
election ballot. The City Council made this decision "in the spirit of the California Voting Rights Act."
Finally, the City Council invited public input on whether candidates for City Council must be residents of
the district in which they seek election for any period of time prior to filing their nomination papers.
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Pursuant to Government Code section 34882, a candidate running for a city councilmember position is
not eligible to hold that office unless they reside in the geographical area making up the district from
which they are elected at the time their nomination papers are issued. While there is no requirement related
to a minimum residency period, and the City is not required to impose such a requirement, the City Council
decided to impose a 30-day residency requirement.
At the conclusion of the February 22, 2022 hearing, the City Council waived the first reading and
introduced the Ordinance as entitled in the Action section above (1) selecting Map G for adoption, (2)
ordering the sequence of elections in the 2022 and 2024 general elections, and (3) establishing a 30-day
residency requirement for all candidates seeking a seat on the City Council. Four Councilmembers voted
in favor of its introduction, and one Councilmember abstained from the vote. This Ordinance is now
presented to the City Council for a second reading and adoption at this March 8, 2022 City Council
meeting.
Public Outreach
In addition to the formal public hearing process, since October 12, 2021, the City has been actively
collecting public input during this process through a robust multilingual outreach campaign to encourage
public participation and inclusivity as a part of the districting process. The City has:
•Hosted a webpage dedicated to districting, which includes an explanation of the districting process,
relevant demographic data, the process for obtaining public input (in all legally required
languages), a calendar of public hearings, meetings, and/or workshop dates, the notice and agenda
for each hearing/meeting/workshop, audio/video records of the hearings/meetings/workshops, and
copies of the draft map(s) to be considered;
•Invited the submission of community of interest ("COI") forms to allow the public to provide input
on keeping COI in single districts to the extent possible, and invited the submission of draft maps
using an interactive mapping tool to allow the public to weigh-in on how the actual district lines
might be drawn; and
•Provided the above referenced information to local newspapers (including those serving the City's
minority communities) and to good government, civic engagement, and minority groups active
within the City to ensure active community engagement and outreach to a wide cross section of
the community, including minority groups and non-English speaking residents. Materials are
provided in English, Spanish, and Mandarin. The City's public outreach efforts include, but are not
limited to:
o Publishing notice related to the hearings/meetings/workshops in Sing Tao (local Chinese
newspaper) and El Reportero (local Spanish newspaper);
o Sending postcard mailers regarding the districting process (in English, Mandarin, and
Spanish) to every Millbrae address in mid-December;
o Sending inserts regarding the districting process along with COI forms (in English,
Mandarin, and Spanish) to each household that receives a utility bill in Millbrae; and,
o Communicating the release of draft maps, public hearing/meeting/workshop
announcements with local community groups.
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•City Staff also have hosted community workshops and solicited community input at additional
workshops.
In these ways, the City has provided multiple ways for the public to submit feedback at formal hearings,
City-sponsored workshops, and via on-line submissions of community of interest forms, draft maps, and
other input.
As of February 18, 2022, the City has received 75 COI forms and 40 draft maps. Public hearings, meetings,
and workshops have also been open and available for participation of City residents throughout this
process and toward the final map adoption by the City Council.
Additional information about this process and opportunities for the public to provide feedback is available
at ConfigureMillbrae.org.
Public Input Received
Over several months, the City Council oversaw an extensive community outreach process and received
substantial comments related to district boundaries in the City and draft maps. In response to this input,
the City's demographer developed revised maps to address the public's concerns and the direction provided
by the City Council, all the while ensuring that the City complied with the criteria mandated by the
California Voting Rights Act and the Federal Voting Rights Act.
District Formation Criteria
In creating the district boundaries, the City must ensure compliance with the following criteria mandated
by the CVRA and the Federal Voting Rights Act:
•Each district must contain a nearly equal population (no more than a 10% variance but best
practices encourage no more than a 5% population deviation);
•The districting plan must be drawn in a manner that complies with the Federal Voting Rights Act
and the Equal Protection Clause of the U.S. Constitution; and,
•The districts must not be drawn with race as the predominant factor because the overall population
balance between districts is the highest priority.
Additionally, Election Code section 21601 requires general law cities like the City of Millbrae to adopt
districts using the following criteria, which are set forth in order of priority:
•Districts shall be geographically contiguous.
•To the extent practicable, the geographic integrity of any local neighborhood or local community
of interest must be respected and maintained. A “community of interest” is a population that shares
common social, economic and geographic interests that should be included within a single district
for purposes of its effective and fair representation.
•District boundaries should be easily identifiable and understandable. To the extent practicable,
districts shall be bounded by natural and artificial barriers, by streets, or by the boundaries of the
jurisdiction.
•To the extent practicable, and where it does not conflict with the preceding criteria, districts shall
be drawn to encourage geographical compactness.
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FISCAL IMPACT:
The City Council appropriated $175,000 to underwrite costs associated with undertaking and completing
the transition to district-based elections for City Council elections with the actual cost estimate to be over
the budgeted amount given legal and district formation requirements.
COUNCIL ACTION:
The City Council is presented with an Ordinance, waives the second reading, and enacts which
amends the Millbrae Municipal Code by retitling, amending and restating in its entirety Chapter 2.35
"City Council By-District Elections," providing for the election of members of the City Council by
five districts, establishing the boundaries, identification numbers and the election order of each
district, establishing a residency requirement to seek a City Council seat from each district, and
related actions.
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ORDINANCE NO. ___
CITY OF MILLBRAE, COUNTY OF SAN MATEO
STATE OF CALIFORNIA
***
AN ORDINANCE OF THE CITY OF MILLBRAE TO AMEND THE MILLBRAE
MUNICIPAL CODE BY RETITLING, AMENDING AND RESTATING IN ITS
ENTIRETY CHAPTER 2.35, "CITY COUNCIL BY-DISTRICT ELECTIONS"
PROVIDING FOR THE ELECTION OF MEMBERS OF THE CITY COUNCIL BY
FIVE DISTRICTS, ESTABLISHING THE BOUNDARIES AND IDENTIFICATION
NUMBERS OF EACH DISTRICT, ESTABLISHING THE ELECTION ORDER OF
EACH DISTRICT, AND RELATED ACTIONS
WHEREAS, the City of Millbrae has historically used an at-large method of election,
which is consistent with the guarantees of Section 7 of Article 1 and of Section 2 of Article II of
the California Constitution; and
WHEREAS, California Government Code Section 34886 permits the City Council to
change the method of election by ordinance to a “by-district” system in which each member of
the City Council is elected only by the voters in the district in which the candidate resides, in
accordance with California Government Code Section 34871; and
WHEREAS, a by-district system can also be consistent with the guarantees of Section 7
of Article I and of Section 2 of Article II of the California Constitution; and
WHEREAS, on October 12, 2021, the City Council adopted Resolution No. 21-70 that
initiated the process of establishing a by-district election system; and
WHEREAS, under the provisions of California Elections Code Section 10010, a city that
changes from an at-large city council method of election to a by-district city council method of
election must hold a total of five public hearings, which includes at least two (2) public hearings
regarding potential voting district boundaries prior to the release and consideration of any draft
voting district maps, and two (2) public hearings following the release of draft voting district
maps; and
WHEREAS, on November 9, November 17, and December 8, 2021, pursuant to
California Elections Code Section 10010(a)(1), the City Council held public hearings where the
public was invited to provide input regarding the composition of the City’s voting districts before
any draft maps were drawn, and the City Council of the City of Millbrae considered and
discussed the same; and
WHEREAS, at the public hearing of the City Council on December 8, 2021, the City
Council also invited input on whether to have four (4) districts and an at-large directly-elected
Mayor, or five (5) districts with the Mayor selected by the City Council on a rotating basis, and
voted to proceed with a five-district system with the mayoral rotation, directing its demographer
Attachment 1
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to draft maps that divide the City into five (5) districts in preparation for the January 11, 2022
public hearing; and
WHEREAS, on January 11, January 25, February 8, and February 22, 2022, pursuant to
California Elections Code Section 10010(a)(2), the City Council held public hearings where the
public was invited to provide input regarding the content of the draft maps that had been released
and published at least seven (7) days before each public hearing and the proposed sequence of
the elections, and the City Council of the City of Millbrae considered and discussed the same;
and
WHEREAS, at its public hearing on February 8, 2022, the City Council directed staff to
prepare a proposed ordinance adopting a voting district map for the City Council’s consideration
and determining the sequence of elections in each district; and
WHEREAS, on February 22, 2022, the City Council held its seventh and final public
hearing on the proposal to establish district boundaries, reviewed and considered additional
public input, formally selected the voting district map and the election sequence attached to,
incorporated in, and set forth, in this Ordinance as Exhibit A, which was introduced for a first
reading at the same public hearing; and
WHEREAS, throughout the foregoing process, the City engaged in a significant amount
of public outreach and engagement above and beyond the public hearings and other procedures
required by California Elections Code Section 10010, including hosting a webpage dedicated to
districting; inviting the submission of community of interest forms to allow the public to provide
input on keeping communities of interest in single districts to the extent possible; inviting the
submission of draft maps by the public using an interactive mapping tool; and providing
districting information to local and to good government, civic engagement, and minority groups
active within the City; and,
WHEREAS, the purpose of this Ordinance is to enact, pursuant to California
Government Code Section 34886, an ordinance providing for the election of members of the City
Council of the City of Millbrae by district in five (5) single-member districts as reflected in the
voting district map referred to as Map G and attached as Exhibit A to this Ordinance, in
furtherance of the California Voting Rights Act of 2001 (Chapter 1.5 [commencing with Section
14025] of Division 14 of the Elections Code) to encourage by-district elections as one method to
implement the guarantees of Section 7 of Article I and of Section 2 of Article II of the California
Constitution.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MILLBRAE,
CALIFORNIA ORDAINS THAT:
Section 1: INCORPORATION OF RECITALS. The recitals set forth above are true and
correct and are hereby incorporated herein by this reference as if fully set forth in their entirety.
Section 2: AMENDED, RESTATED AND NEWLY ENTITLED CHAPTER 2.35. Chapter
2.35, newly entitled “City Council By-District Elections,” in Title 2 of the Millbrae Municipal
Code is amended and restated in its entirely to read as follows:
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Chapter 2.35
City Council By-District Elections
Sections:
02.35.010 Date of Election
02.35.020 Declaration of Purpose
02.35.030 City Council Districts Established
02.35.040 Election of Members of the City Council By-District
02.35.050 Commencement of District Elections
02.35.010 Date of Election
Pursuant to Elections Code Sections 1301 and 10403.5, the general municipal election in the City
of Millbrae for the offices of city councilmember shall be the first Tuesday following the first
Monday in November of even-numbered years commencing in November 2022.
02.35.020 Declaration of Purpose
The City Council hereby declares that the change of method of electing members of this City
Council hereby enacted is being made in furtherance of the California Voting Rights Act of
2001.
02.35.030 City Council Districts Established
Five (5) City Council districts are hereby established in the City of Millbrae. The boundaries and
identifying number of each district shall be as described on the City Council District Map as
attached hereto as Exhibit A and incorporated herein.
02.35.040 Election of Members of the City Council By-District
(a) Following the effective date of this Ordinance and upon the commencement of “by-
district” elections in the order established in Section 2.35.050 of this Chapter, City
Councilmembers shall be elected “by-district” as defined in California Government Code
Section 34871 or any successor statute. Any candidate for City Council must have been a
resident and elector of the district in which they seek election for at least 30 days before the time
they file nominating papers or an equivalent declaration of candidacy for the City Council, or
such person’s appointment to fill a vacancy therein. No term of any City Councilmember that
commenced prior to the effective date of this Ordinance shall be affected by the adoption of this
Ordinance.
(b) Registered voters signing nominating papers or voting for a City Councilmember shall be
residents of the geographical area making up the district from which the City Councilmember is
to be elected.
(c) The terms of the office of each City Councilmember elected shall remain four (4) years.
Pursuant to Section 2.05.050 of the Millbrae Municipal Code, no person shall be eligible to serve
as a City Councilmember for more than two successive four (4) year terms.
02.35.050 Commencement of District Elections
(a) Commencing on the general municipal election in 2022, and every four (4) years
thereafter, the voters in districts 2, and 4 shall elect City Councilmembers by-district for full four
(4) year terms. At the general municipal election in 2024, and every four (4) years thereafter, the
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voters in districts 1, 3 and 5 shall elect City Councilmembers by- district for full four (4) year
terms.
(b) The term of office of any City Councilmember who has been elected and whose term of
office has not expired shall not be affected by any change in the boundaries of the district from
which he or she was elected.
Section 3: TECHNICAL ADJUSTMENTS AND METES-AND-BOUNDS.
If necessary to facilitate the implementation of this Ordinance, the City Clerk is authorized to
make technical adjustments to the district boundaries that do not substantively affect the
populations in the districts, the eligibility of candidates, or the residence of elected officials
within any district. The City Clerk shall consult with the City Manager and City Attorney
concerning any technical adjustments deemed necessary and shall advise the City Council of any
such adjustments required in the implementation of the by-district elections. The City Clerk shall
also direct the City's demographer to provide a metes-and-bounds description of each district as
shown on the map attached as Exhibit A and incorporated herein by reference, which shall be
submitted to the City Council at its next regular meeting and kept on file in the City Clerk's
office for public review.
Section 4: SEVERABILITY.
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason
held to be invalid, unconstitutional, or unenforceable by a court of competent jurisdiction, such
section, subsection, sentence, clause, phrase, or portion of this Ordinance shall be deemed
severable and the remaining portions of this Ordinance shall nonetheless remain in full force and
effect. The City Council of the City of Millbrae hereby declares that it would have adopted each
section, subsection, sentence, clause, phrase, or portion of this Ordinance, irrespective of the fact
that any one or more sections, subsections, sentences, clauses, phrases, or portions of this
Ordinance be declared invalid, unconstitutional, or unenforceable.
Section 5. ENVIRONMENTAL DETERMINATION.
Adoption of this Ordinance is exempt from environmental review as the adoption of this
Ordinance does not qualify as a “project” pursuant to the California Environmental Quality Act
(“CEQA”), under Public Resource Code Section 21065 and CEQA Guidelines Section 15320,
15378, and 15061(b)(3), as there is no possibility that such action would cause either a direct, or
reasonably foreseeable indirect, physical change in the environment.
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Section 6. EFFECTIVE TERM; PUBLICATION. This Ordinance shall become effective 30
days after its adoption. The City Clerk is directed to publish a summary of this Ordinance in the
manner required by law.
INTRODUCED at a meeting of the City Council of the City of Millbrae held on February 22,
2022.
PASSED AND ADOPTED at a meeting of the City Council of the City of Millbrae held on
_______________.
_____________________________
Anne Oliva
Mayor
ATTEST:
____________________________
Eduardo Gonzalez
Acting City Clerk