Loading...
HomeMy WebLinkAboutMin - CC - 2021.11.01 Study SessionCITY O BURLINGAME coo � 90 $AarEo � xE � BURLINGAME CITY COUNCIL Approved Minutes City Council Special Meeting on November 1, 2021 1. CALL TO ORDER A duly noticed meeting of the Burlingame City Council was held on the above date via Zoom Webinar at 5:32 p.m. 2. ROLL CALL MEMBERS PRESENT: Beach, Brownrigg, Colson, O'Brien Keighran, Ortiz MEMBERS ABSENT: None 3. STAFF REPORT a. THIRD PUBLIC HEARING FOR THE TRANSITION FROM AT -LARGE ELECTIONS TO BY -DISTRICT ELECTIONS FOR CITY COUNCIL SEATS City Clerk Hassel -Shearer began by giving a brief background on the City's transition to district elections. She explained that in January 2020, the City received a letter from the law firm Shenkman and Hughes alleging that the City's at -large elections system violated the California Voting Rights Act of 2001. The letter alleged that the City's current voting system "dilute[d] the ability of Asians ... to elect candidates of their choice or otherwise influence the outcome of the City's council elections." This argument is based primarily on the fact that while Asian -Americans comprised around 20% (according to the 2010 census) of the City's population, an Asian -American has never been elected to the City Council. City Clerk Hassel -Shearer noted that several other cities throughout the county have received similar letters including Redwood City, South San Francisco, San Mateo, Half Moon Bay, and Millbrae. She explained that each City's Council made the same decision as Burlingame —to reach an agreement and transition to district elections rather than spend millions of dollars in litigation. Therefore, on March 16, 2021, the Council approved a resolution agreeing to transition to district elections. City Clerk Hassel -Shearer explained that the City hired Redistricting Partners to assist the City in drawing the district lines. She noted that Redistricting Partners is assisting several jurisdictions in the area including San Mateo, Oakland, San Jose, and Berkeley. Burlingame City Council November 1, 2021 Approved Minutes City Clerk Hassel -Shearer stated that the Council held two public hearings on February 1 and May 3, regarding the transition to district elections. She explained that these hearings were a chance for the public to understand why the City was transitioning and the laws behind the districting process. City Clerk Hassel -Shearer noted that since the May 3 hearing, the City Clerk's office, consisting of Andrew Kwoka and herself, undertook extensive outreach. She outlined the different options members of the public had during this time period to provide the City with input including drawing their own map and filling out a Community of Interest form. She reviewed the different ways that staff shared information with the public including social media, the eNews, local media, through the Library's curbside pick-up, mass mailers, and in the Parks and Recreation quarterly guide. City Clerk Hassel -Shearer explained that the Clerk's Office held over 50 outreach events including at the Chamber's Fresh Market, at Parks and Recreation events, and pop -ups on Broadway, Burlingame Avenue, and at the Library. City Clerk Hassel -Shearer explained that all the maps that members of the public drew and the Community of Interest worksheets that were filled out were given to the consultant. The consultant then utilized this information along with the 2020 Census data to draw draft maps. City Clerk Hassel -Shearer explained that the City hired a consultant to draw the district lines not only for their expertise but also because they wouldn't know where the current Councilmembers live. She explained that this would ensure that no bias was involved in drawing the district maps. She asked that the public review the draft maps not by where the Councilmembers live but whether or not they encapsulated neighborhoods and communities of interest. City Clerk Hassel -Shearer asked the public to continue to email her any input they have about the draft maps. Redistricting Partners Chief Administrative Officer Kimi Shigetani gave the Council a presentation on the draft maps. Ms. Shigetani began with a brief overview of the districting process. She explained that the Fair Maps Act mandates the following set of criteria when drawing district plans: • Relatively equal size — people, not citizens • Contiguous — districts should not hop/jump • Maintain "communities of interest" • Follow city and census designated place boundaries • Keep districts compact — appearance/function Ms. Shigetani outlined that this would be the first districting cycle where communities of interest are considered. Moreover, she stated that communities of interest would drive the process. She added that this allows members of the public to ensure minimal division of their neighborhood. 2 Burlingame City Council November 1, 2021 Approved Minutes Ms. Shigetani explained that Redistricting Partners provided the City with three draft map plans. She noted that each plan has an overview of the lines, a data table, individual district pages, and web maps. Ms. Shigetani stated that Burlingame's population as stated in the 2020 Census is roughly 31,000. Therefore, each district will have approximately 6,200 people. Ms. Shigetani reviewed Draft Plan A. She noted that this plan follows the railroad, highways, and other main streets. Additionally, she explained that it: • Keeps Downtown Burlingame and Burlingame Park whole • Keeps other neighborhoods whole including: Bayfront, Burlingame Gardens, Burlingables, Lyon Hoag, Mills Estate, Burlingame Plaza, and Ray Park • Keeps Burlingame Village and Burlingame Grove together Splits Burlingame Terrace along Palm Drive Splits Burlingame Hills as a result of the unincorporated portion Ms. Shigetani reviewed the data table for Draft Plan A. She noted that the total deviation for this map is 6.8%. Ms. Shigetani reviewed Draft Plan B. She noted that this plan follows neighborhood boundaries but crosses the train tracks in District B. Additionally, she explained that it: • Keeps Lyon Hoag, Burlingables, and Burlingame Garden together • Keeps Downtown Burlingame and Burlingame Park together, and splits Burlingame Terrace along Palm Drive Keeps Mills Estate, Burlingame Hills, and Burlingame Plaza together Ms. Shigetani reviewed the data table for Draft Plan B. She noted that it is has a total deviation of 4.5%. Ms. Shigetani reviewed Draft Plan C. She explained that it follows neighborhood boundaries and prioritizes keeping southern neighborhoods together. Additionally, she stated that it: Keeps Downtown Burlingame and the eastern portions of Burlingame Park together Keeps Easton Addition together and the eastern portion of Burlingame Hills together • Keeps Mills Estate, Burlingame Plaza, and Ray Park together and keeps the western portion of Burlingame Hills together • Keeps the western portion of Burlingame Park, Burlingame Terrace, and Burlingame Grove together • Splits Burlingame Village along Oxford Road to Dufferin Avenue Ms. Shigetani stated that the total deviation for this plan is 4.6%. Ms. Shigetani discussed the next steps for City Council: Burlingame City Council November 1, 2021 Approved Minutes • Identify preferred plan(s) with an understanding that none of these are final plans as it is an iterative process • Suggest possible changes — adjustments can be made to any of the draft plans • Provide direction for the preparation of new draft maps to be put out for public input, future review, and adoption. • Consider new draft maps at a public hearing scheduled for December 6. Mayor O'Brien Keighran stated that when she reviewed the maps, she noted that none of the districts went across Burlingame west to east. She asked why there wasn't a west -east banded approach to districting. Ms. Shigetani stated that the draft maps follow existing arterials (El Camino Real, Highway 101, and the railroad tracks) that all go north to south. She added that redistricting tends to follow major highways and other geographical identifiers when drawing a map. Mayor O'Brien Keighran asked if Redistricting Partners took into consideration input from the public, through the City Clerk's outreach, in developing the draft maps. Ms. Shigetani replied in the affirmative. She added that they also took into consideration historical neighborhoods and the Census data. Councilmember Beach thanked the City Clerk's Office for their outreach effort on this topic. She noticed in all the maps that the north-western district seems to stay the same. She asked why this was. Ms. Shigetani stated that the demographers utilized El Camino Real as a natural boundary and tried to keep neighborhoods whole. Councilmember Beach asked if some of the demographics were also taken into consideration. She noted that the north-western district has the highest population of Asian -Americans. Ms. Shigetani stated that under the Federal Voting Rights Act, if there is a way to create a majority -minority district, the jurisdictions are asked to do so if it complies with the other rules and regulations of districting. She added that she would need to consult with the demographers about whether this was a factor in drafting that district. She noted that districts can't be drawn solely based on race. But if a community of interest can be kept together while meeting the districting criteria, it should be done. Councilmember Beach stated that all three draft plans divide a majority of El Camino Real down the middle. She explained that she viewed El Camino Real as a distinct community of interest and wondered if it could be kept together. Ms. Shigetani stated that she would need to check with the demographers. Councilmember Brownrigg asked when the map needs to be finalized. City Clerk Hassel -Shearer stated that per the tolling agreement with Shenkman and Hughes, the district map needs to be finalized in April 2022. However, she added that her goal is to have the district map finalized in January/February of 2022 to allow potential candidates time to organize their campaigns. Councilmember Brownrigg stated that in reviewing the maps and hearing from the consultants, he could see why it might be beneficial to have this process undertaken by a commission of Burlingame citizens. He asked if there was time to create a citizen commission to work with the consultants. City Clerk Hassel - Shearer stated that she didn't believe there was time to switch tactics. She added that she thought one of the 4 Burlingame City Council November 1, 2021 Approved Minutes great things about how the City conducted this process is that the community was given eight months to provide input on what their neighborhood is and how the district maps should be drawn. She explained that instead of having a commission that determines what the lines are, the process was given over to the City's residents to determine how the lines should be drawn. She noted that while Redistricting Partners is using arterial roads (as outlined in the Fair Maps Act), the consultants are also using feedback from the community. Mayor O'Brien Keighran asked what happens if someone doesn't run in a district. Ms. Shigetani stated that the City would go through an appointment process. City Clerk Hassel -Shearer added that in her almost 1 1 years of working in San Mateo County elections, this issue hasn't occurred. Instead, she stated that a usual hindrance for potential candidates is if the incumbent is running for re-election. Mayor O'Brien Keighran opened the item up for public comment. Martha Laboissiere stated that as a resident of the Burlingame Hills, she was saddened that the hills were broken up into separate districts. Ray Larios asked why Draft Plan B goes up Adeline Drive. Redistricting Partners CEO Paul Mitchell stated that this notch was created by following Census blocks. Jess Root asked about the definition of deviations in regard to draft plans. Additionally, he asked if an apartment building owner is allowed to vote using the apartment building's address. City Clerk Hassel -Shearer stated that where an individual votes is defined by their home address. Accordingly, if the owner of an apartment building lives in the building, then that would be their voter address. But if the owner lives somewhere else, that other location would be their voting address. Mr. Mitchell stated that deviation refers to the difference between what the district size is supposed to be to create equal populations among all the districts and the district's actual population. He added that the plan's total deviation is the difference between the largest district and the smallest district. He noted that for local governments, 10% is the maximum deviation that is allowed. Housing For All Burlingame representative Laura Hinz stated that the City is made up of 52% renters. She asked that Redistricting Partners consider renters a community of interest. She noted that her organization supports Plan B. Former Mayor Cathy Baylock explained that she drew a district map based on when the City had five elementary schools and what the attendance boundaries were. She noted that this would create districts that had diverse socio-economics and housing zones. She added that she found it difficult to draw a district map while including the population counts. She noted that out of the three maps, the best was Map B. Mayor O'Brien Keighran asked if Redistricting Partners considered the school districts when drawing the maps. 5 Burlingame City Council November 1, 2021 Approved Minutes It should be noted that when members of the public and the Council discussed "school districts, " they were referring to attendance boundaries. The City only has one elementary school district — Burlingame School District, and one upper school district — San Mateo Union High School District. Mr. Mitchell stated that school districts and other underlying geography boundaries are often used when districting at higher levels. He noted that in City districting, the predominant factor is the neighborhoods. He explained that this is what is listed in the Fair Maps Act. (He went on to give an example of using school district boundaries in a city that had a number of school districts within its boundaries). Mr. Mitchell stated that his firm can also look into the renter data, in reference to an earlier comment. City Clerk Hassel -Shearer read a question for Mr. Mitchell. She asked when looking into the size of each district, is the total population used or is the Citizen Voting Age Population used. Mr. Mitchell stated that this issue was adjudicated by the Supreme Court, which determined that the districts needed to be of equal size in terms of total residents in the last Census. He noted that California recently passed a law that adjusts that data for prison population. He explained that prisoners are re -allocated to where they were living prior to their incarceration. City Clerk Hassel -Shearer asked Mr. Mitchell to speak on how communities of interest are defined. He explained that there are two routes for community of interest data to come to the consultants. The first route is through community feedback. He explained that this is why the City Clerk's Office worked so hard to get public input. He also discussed other data sources such as looking at where renters live and how neighborhoods have been defined in the city. Mr. Mitchell stated that Redistricting Partners asks for community of interest forms to include three things: What is the community of interest? What is their footprint? What is the relationship to City governance? Mr. Mitchell explained that communities of interest have been defined by experts as: "a group of people who are hurt by their government." He gave examples of communities of interest such as a neighborhood needing more street lights or a neighborhood suffering from pollution/noise issues. He explained that by defining these groups of people as a community of interest and keeping them in the same district, they can then affect change at the local government level. He gave another example of individuals living in a neighborhood where cannabis shops are allowed to be open. He explained that this group might want to enact regulations around the cannabis shops including hours of operation, lighting, etc. to assist their neighborhood. Mr. Mitchell gave examples of communities of interest that wouldn't be communities of interest for city government and therefore wouldn't factor into the City's districting process. One example was if a city had a water district and a neighborhood was upset about the increased cost of water. This would be a community of interest for the water district. Another example was field policies at a school. This would be a community of interest for the school district. 6 Burlingame City Council November 1, 2021 Approved Minutes Mr. Mitchell stressed the importance of finding a connection between the community of interest and its relation to city governance. City Clerk Hassel -Shearer noted the discussion about the Burlingame Hills. She explained that a portion of Burlingame Hills is unincorporated. She asked if portions of Burlingame that are unincorporated (meaning the area is not within the City's boundaries, and the residents who live there don't vote for the Burlingame City Council) are factored into the district maps. Mr. Mitchell replied in the negative. He explained that only property within City boundaries is considered when districting. Jennifer Pfaff stated that the map she drew was similar to Cathy Baylock's with west — east bands. She noted that she had reviewed some of the maps Redistricting Partners created for other cities including Roseville. She noted that they didn't always use arterial roads as boundaries and encouraged them not to do so in Burlingame. David Harris stated that he lives in Lyon Hoag and isn't happy with any of the three options. In Draft Plan A, he noted that Lyon Hoag is combined with hotels and North Rollins Road. He added that he agreed with previous commentators and thought the City should be divided into west — east bands to ensure that each district is diverse. Brian Berm stated that when the Council considers communities of interest, the most compelling is the elementary school zones. He noted that the five zones that existed before Hoover would be a logical starting point. He suggested that the draft map be redrawn around the attendance lines for the different elementary schools in Burlingame. He asked how the draft maps anticipated future growth. Mayor O'Brien Keighran asked if she was correct that the districting had to be done based on the 2020 Census data. Therefore, new neighborhoods would be included in the 2030 Census, and the City would need to redistrict at that time. City Clerk Hassel -Shearer replied in the affirmative. Mark Meyerson stated that Draft Plans B and C have a total deviation that is very small. He asked how the compactness of the districts was measured. Mr. Mitchell explained that there are a lot of different compactness measures that are used throughout the country. He noted that California has gotten rid of the mathematical calculations for compactness. Instead, he explained that in California, a district's compactness is measured by not avoiding nearby populations to get far away populations. Kenny discussed the difference in geography in the hills. He noted that this area faces its own specific issues and voiced concern about which schools his children would go to under the districting process. Councilmember Beach asked that staff clarify how the districting process would impact which school kids go to. City Clerk Hassel -Shearer explained that the City's districts would determine the five council seats. She noted that the City's districting didn't factor into school attendance boundaries as that would be an issue for the school districts. Mr. Mitchell noted that all of Burlingame is in the Burlingame School District and the San Mateo Union High School District. City Clerk Hassel -Shearer explained that when the public had been discussing the school districts for mapping the City's districts, they were really referring to attendance lines. 7 Burlingame City Council November 1, 2021 Approved Minutes Mr. Mitchell noted that he's never seen attendance lines utilized in districting. Connie Quirk asked about the ethnicity group identified as "other" in the data tables of the Draft Plans. Mr. Mitchell explained that "other" encapsulates white people and American Indian/Alaskan Native (he noted that this terminology is from the Census and CVAP and not the commonly used identifiers). City Clerk Hassel -Shearer read a question from the public about including both sides of El Camino Real in the same district. Mr. Mitchell explained that he would need to look into what the Census blocks are around El Camino Real and how it would affect population counts in the different districts. Scott and Serena voiced their support for Draft Map B as it kept Lyon Hoag and Burlingables together. (comment submitted via publiccomment(c�r�,burlin ag me.org). Former Councilmember Russ Cohen voiced confusion about the Caucasian population not ranking high enough to be considered anything other than "other" since it seems that Burlingame is dominated by that particular ethnic group. Secondly, he asked why the land east of 101 had to be included in the districting process since it is mostly industrial, and no one lives there. Mr. Mitchell stated that districting requires that all land be included in the process. He noted that businesses east of 101 might affect a neighborhood's traffic or cause pollution/light issues. Therefore, it would make sense to connect the business area with its closest neighborhood. Mayor O'Brien Keighran closed the public hearing. City Clerk Hassel -Shearer noted that she received a lot of questions about the timing of the districting process. She explained that the three Burlingame City Council seats on the November 2022 ballot would be district seats. Therefore, between November 2022 and November 2024, the Council would be made up of three districted seats and two at -large seats. She explained that the remaining two districts would go to ballot in November 2024. Accordingly, the transition to district elections would take two elections. Councilmember Colson stated that there are people that live in the hotels. She noted that it would be important that all land in Burlingame is included in the districting process. Councilmember Colson voiced appreciation for the number of people that came forward from Lyon Hoag and Downtown Burlingame that discussed the desire to keep that side of town together. She noted that she agreed that people on the north side of town living near the BART station would have different concerns from those on the south end of town. Councilmember Colson noted that she appreciated the commentary around the Burlingame Hills and how it is a cohesive unit. She explained that she would be interested in seeing if there was a way to keep this area together as it was a community of interest. Councilmember Colson stated that on Draft Plan B, she wasn't in favor of the weird notch around Adeline Drive. She also discussed schools and the need to put an equal amount in each district. She suggested a banded map from west to east. 8 Burlingame City Council November 1, 2021 Approved Minutes Vice Mayor Ortiz stated that he was surprised by some of the comments. He noted that to him, Map A made the most sense. He explained that District D in Map A keeps together Mills Estate and Ray Park. He added that he believed it would be hard to make an argument that the area between El Camino and California Drive is represented by District E. He stated that District C, which is Easton Addition and the Hills, makes sense to him. He noted that he had played with the mapping tool, and it was difficult to balance the population counts between the different districts. Vice Mayor Ortiz thought that the Lyon Hoag community would be pleased with Map A because it keeps their neighborhood together, and no one lives on the other side of the 101. Vice Mayor Ortiz stated that Draft Map A made the most sense to him. Councilmember Beach stated that this was a hard task. She stated that in Map A, District D made sense to her, as did District A in Map B. Councilmember Beach discussed the public's comments about Draft Map A that Lyon Hoag shouldn't be in the same district as the future Rollins Road neighborhood. She discussed how the north side of town would be dealing with issues of BART/Caltrain that wouldn't affect Lyon Hoag. She thought the northern part of town was more aligned with either the internal district between El Camino Real and California Drive or the district that encompasses Ray Park and Mills Estate. Councilmember Beach stated that she would like to see a map that considers Burlingame Hills as a cohesive unit. She added that she thought that the renter community should be considered a community of interest. Councilmember Beach stated that she understood the community's interest in creating a map with bands from west to east that would create mini-Burlingames. However, she stated that what she learned through the process is that districting focuses on communities of interest and not equally diverse districts. She added that it is about giving representation to communities of interest. Councilmember Beach asked for an overlay of the renter/homeowner data in the next discussion. She stated that while she thought the City should consider the attendance lines of the elementary schools, it shouldn't supersede other interests. She added that she thought the interests on both sides of El Camino Real were the same and it should be in the same district. Councilmember Beach stated that she thought most of the maps did a good job acknowledging the historical neighborhoods. She added that she didn't like the weird notch around Adeline Drive in Draft Map B. Councilmember Brownrigg thanked the community for their efforts on this matter. Mayor O'Brien Keighran stated that she thought it was important to keep Burlingame Hills together if possible. She noted that she also thought it was important to keep Lyon Hoag together. She added that she would be interested to see the school attendance lines overlay. Mr. Mitchell noted that he identified the issue with the notch on Draft Map B that included Adeline Drive. He explained that it was the result of a Census block. (The demographers utilize the Census blocks when 9 Burlingame City Council November 1, 2021 Approved Minutes drawing draft maps, and therefore in order to make populations equal, it can sometimes take a portion of a neighborhood and move it into a different district.) City Clerk Hassel -Shearer asked the public not to wait until the next hearing to give feedback on the maps. She explained that the more feedback she receives from the community, the more informed the district lines are. She encouraged the public to contact her with any questions or comments at mhasselshearer(c�r�,burlin ag me.org. 4. ADJOURNMENT Mayor O'Brien Keighran adjourned the meeting at 7:01 p.m. Respectfully submitted /s/ Meaghan Hassel -Shearer, City Clerk 10 Burlingame City Council November 1, 2021 Approved Minutes