HomeMy Public PortalAbout794ORDINANCE NO. 794
CITY OF MILLBRAE, COUNTY OF SAN MATEO
STATE OF CALIFORNIA
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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 ofMillbrae 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)(l), 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 ofMillbrae 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
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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 ofMillbrae 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 ofMillbrae 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 2.3 5
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
ofMillbrae 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 ofMillbrae. 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 Councillor
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 oftheMUlbrae 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 ofMillbrae 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 ofMillbrae held on February 22,
2022.
PASSED AND ADOPTED at a meeting of the City Council of the City ofMillbrae held on March8,2022.
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ATTEST:
Wtf City Clerk
Mayor
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Ordinance No. 794
I do hereby certify that the foregoing Ordinance was duly and regularly passed and adopted by the
City Council of the City ofMillbrae this 8th day of March 2022, by the following vote:
AYES: COUNCILMEMBERS: Oliva, Papan, Fung, Holober
NOES: COUNCILMEMBERS: Schneider
ABSENT: COUNCILMEMBERS:None
ABSTAIN: COUNCILMEMBERS: None
EXCUSED: COUNCILMEMBERS: None
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EXHIBIT A
City of Millbrae
Draft Plan G (Selected)
1 2 3 4 5
Population 4,536 4,553 4,774 4,640 4,725
Deviation -110 -93 128 -6 79
Deviation %-2.4%-2.0%2.8%-0.1%1.7%
Other 1,789 1,498 1,710 1,754 1,525
Other %39.4%32.9%35.8%37.8%32.3%
Latino 404 923 587 363 348
Latino %8.9%20.3%12.3%7.8%7.4%
Asian 2,325 2,079 2,440 2,495 2,816
Asian %51.3%45.7%51.1%53.8%59.6%
Black 18 53 37 28 36
Black %0.4%1.2%0.8%0.6%0.8%
2020 Census
1 2 3 4 5
Total CVAP 3,318 2,944 3,107 3,178 3,301
Other CVAP 1,675 1,272 1,457 1,602 1,064
Other CVAP %50.5%43.2%46.9%50.4%32.2%
Latino CVAP 247 386 354 225 377
Latino CVAP %7.4%13.1%11.4%7.1%11.4%
Asian CVAP 1,349 1,250 1,292 1,346 1,840
Asian CVAP %40.7%42.5%41.6%42.4%55.7%
Black CVAP 47 36 4 5 20
Black CVAP %1.4%1.2%0.1%0.2%0.6%
Citizen Voting Age Population (CVAP)
City of Millbrae
Draft Plan G (Selected)
District 1
Other %Latino %Asian %Black %
2020 Census
Other %Latino %Asian %Black %
Citizen Voting Age Population
Population Deviation Deviation %Other Other %Latino Latino %Asian Asian %Black Black %
4,536 -110 -2.4%1,789 39.4%404 8.9%2,325 51.3%18 0.4%
Total CVAP Other CVAP Other CVAP %Latino CVAP Latino CVAP %Asian CVAP Asian CVAP %Black CVAP Black CVAP %
3,318 1,675 50.5%247 7.4%1,349 40.7%47 1.4%
City of Millbrae
Draft Plan G (Selected)
District 2
Other %Latino %Asian %Black %
2020 Census
Other %Latino %Asian %Black %
Citizen Voting Age Population
Population Deviation Deviation %Other Other %Latino Latino %Asian Asian %Black Black %
4,553 -93 -2.0%1,498 32.9%923 20.3%2,079 45.7%53 1.2%
Total CVAP Other CVAP Other CVAP %Latino CVAP Latino CVAP %Asian CVAP Asian CVAP %Black CVAP Black CVAP %
2,944 1,272 43.2%386 13.1%1,250 42.5%36 1.2%
City of Millbrae
Draft Plan G (Selected)
District 3
Other %Latino %Asian %Black %
2020 Census
Other %Latino %Asian %Black %
Citizen Voting Age Population
Population Deviation Deviation %Other Other %Latino Latino %Asian Asian %Black Black %
4,774 128 2.8%1,710 35.8%587 12.3%2,440 51.1%37 0.8%
Total CVAP Other CVAP Other CVAP %Latino CVAP Latino CVAP %Asian CVAP Asian CVAP %Black CVAP Black CVAP %
3,107 1,457 46.9%354 11.4%1,292 41.6%4 0.1%
City of Millbrae
Draft Plan G (Selected)
District 4
Other %Latino %Asian %Black %
2020 Census
Other %Latino %Asian %Black %
Citizen Voting Age Population
Population Deviation Deviation %Other Other %Latino Latino %Asian Asian %Black Black %
4,640 -6 -0.1%1,754 37.8%363 7.8%2,495 53.8%28 0.6%
Total CVAP Other CVAP Other CVAP %Latino CVAP Latino CVAP %Asian CVAP Asian CVAP %Black CVAP Black CVAP %
3,178 1,602 50.4%225 7.1%1,346 42.4%5 0.2%
City of Millbrae
Draft Plan G (Selected)
District 5
Other %Latino %Asian %Black %
2020 Census
Other %Latino %Asian %Black %
Citizen Voting Age Population
Population Deviation Deviation %Other Other %Latino Latino %Asian Asian %Black Black %
4,725 79 1.7%1,525 32.3%348 7.4%2,816 59.6%36 0.8%
Total CVAP Other CVAP Other CVAP %Latino CVAP Latino CVAP %Asian CVAP Asian CVAP %Black CVAP Black CVAP %
3,301 1,064 32.2%377 11.4%1,840 55.7%20 0.6%