DATE: October 7, 2024
TO: Mayor and Members of the City Council
VIA: Stefan Chatwin, City Manager
FROM: Priscilla Schaus, Communications Director/City Clerk DEPARTMENT: Communications/City Clerk
SUBJECT: APPROPRIATION OF $73,200 FROM THE GENERAL FUND TO ACCOUNT NO. 001-0220-414-42-51 FOR COSTS ASSOCIATED
WITH THE CITY’S TRANSITION TO DISTRICT-BASED
ELECTIONS
RECOMMENDATION
It is recommended that the City Council approve attached resolution authorizing the appropriation of $73,200 from the General Fund to Account No. 001-0220-414-42-51 to cover anticipated costs associated with the City’s transition to district-based elections.
EXECUTIVE SUMMARY
At the regular City Council meeting on August 19, 2024, the City Council discussed a letter received on July 22, 2024 from a potential plaintiffs’ attorney, Shenkman and Hughes PC, alleging a violation of the California Voting Rights Act (the “CVRA”) and threatening litigation if the City declines to voluntarily change to a district-based election system for electing Councilmembers. The City Council gave direction for the City Manager to proceed with retaining a demographer under the City Manager’s purchasing authority in the City’s Purchasing Policy and to agendize a resolution of intent to take advantage of the safe harbor provisions per the CVRA.
Since then, City staff met with three demographers and retained the services of Redistricting Partners in the amount not to exceed $49,500. Additionally, staff would need $23,700 to cover the cost of informational mailers to residents, translation services (if needed), and legal noticing. Since staff received the CVRA letter after the
FY 2024-2025 budget was adopted, staff is recommending that the City Council authorize a budget appropriation of $73,200 from the General Fund to Account No. 001-0220-414-42-51 to cover anticipated costs associated with the City’s transition to district elections.
BACKGROUND/ANALYSIS
The City of Foster City currently elects its Councilmembers at-large, which means that each Councilmember is elected by the registered voters of the entire City.
On July 22, 2024, City staff received a letter from Shenkman and Hughes, PC challenging the City’s current at-large election system and on August 19, 2024, the City Council gave direction for the City Manager to proceed with retaining a demographer under the City Manager’s purchasing authority and to agendize a resolution of intent.
At the regular City Council meeting on September 3, 2024, City Council passed City Resolution No. 2024-91, declaring the City’s intent to initiate the process to transition from at-large elections to district-based elections. The CVRA requires that the City hold five public hearings. The first two public hearings provide information on the redistricting process, descriptions of data and mapping tools, and allow the community to provide input on their communities of interest within the City. The third and fourth public hearings will present maps of the new potential district boundaries produced by the demographer or the public. The fifth public hearing will be where maps are adopted.
City staff met with three demographers and retained the services of Redistricting Partners in an amount not to exceed $49,500. Redistricting Partners has worked with many cities within San Mateo County, including San Mateo, Belmont, Burlingame, Redwood City, etc.
The total agreement amount not to exceed $49,500 includes full CVRA districting services; the demographer will attend each public hearing, create the mapping options, and work with City staff on the districting process. It also includes the DistrictR Mapping Tool, which will be available online for public use, and the cost of additional meetings/workshops at $1,500/meeting. The agreement includes the cost of having the consultant host up to three workshops to help the community understand how to use and submit maps using the mapping tool.
Additionally, staff intends to send out two informational mailers to residents and provide printed outreach materials when tabling at community events and at city facilities. Legal noticing for public hearings is another requirement in the transition to district elections.
Considering there may be up to five public hearings, staff has included a $4,200 line item in the budget for publication of legal notices/ads in the local newspapers.
Based on the consultant’s recommendation, the mailers, outreach materials, district elections webpage, and legal noticing will be translated into other languages and staff can arrange for in-person translation services upon request.
California Environmental Quality Act
This item does not constitute a project as defined by the California Environmental Quality Act (Public Resources Code § 21000, et seq.) (CEQA) as the adoption of the resolution does not have the potential to result in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment (14 Cal. Code Regs. § 15378.).
FISCAL IMPACT
The breakdown of the costs associated with the City’s transition to district-based elections are outlined below.
Cost
Agreement for Demographer Services $49,500
Two mailers to be sent to residents $16,000
Legal noticing/Ads $4,200
Translation services $3,500
Total $73,200
Since City staff received the CVRA letter after the FY 2024-2025 budget was adopted, staff is recommending that the City Council authorize an appropriation of $73,200 from the General Fund to Account No. 001-0220-414-42-51 to cover anticipated costs associated with the City’s transition to district elections.
CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
City Council Operations and Improved Community Engagement ATTACHMENTS:
Attachment 1 - Resolution