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HomeMy Public PortalAbout794ORDINANCE NO. 794 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 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 Page 1 of 5 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: Page 2 of 5 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 Page 3 of 5 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. Page 4 of 5 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. O^OtuJQ ATTEST: Wtf City Clerk Mayor 3-rr^w Page 5 of 5 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 (w* -^; £rf*ltf CITY CLERK / 3-If-2^2.