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4 DATE: December 16, 2024
TO: Mayor and Members of the City Council
VIA: Stefan Chatwin, City Manager
FROM: Priscilla Schaus, Communications Director/City Clerk Benjamin L. Stock, City Attorney
DEPARTMENT: Communications/ City Clerk
SUBJECT: REVIEW AND ADOPT THE CITY OF FOSTER CITY ADOPTED
MAP FINAL REPORT PURSUANT TO ELECTIONS CODE
SECTION 21130(F)
RECOMMENDATION
It is recommended that the City Council, by Minute Order, review and adopt the City of Foster City Adopted Map Final Report pursuant to Elections Code section 21130(f).
EXECUTIVE SUMMARY
On August 19, 2024, the City Council discussed a letter received from a potential plaintiffs’ attorney, Shenkman & Hughes PC, on July 22, 2024, alleging a violation of the California Voting Rights Act (the “CVRA”)1 and threatening litigation if the City declines to voluntarily change to a district-based election system for electing Councilmembers.
While the Council strongly disagreed with the allegations in the letter, a majority of the Council gave direction to staff to proceed with agendizing the resolution of intent in order to take advantage of the safe harbor provisions of Elections Code Section 10010 and avoid costly litigation.
At the September 3, 2024 Council meeting, the Council adopted City Resolution No. 2024-91 to transition to district based elections, to allow the City to take advantage of the safe harbor provisions of Elections Code Section 10010.
On October 7, 2024 and October 21, 2024, the City Council conducted the first and second public hearing to receive input regarding the composition of the districts and sequencing of the elections.
1 Cal. Elec. Code §§ 14025-14032.
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4 On November 4, 2024, the City Council conducted the third public hearing to receive community input and provide direction to staff regarding the submitted draft maps and sequence of elections for district-based council elections. At that meeting, the Council reviewed the draft maps submitted by the public and the City’s demographer, Redistricting Partners, and provided direction to staff and the demographer regarding the various maps, including Map B submitted by Redistricting Partners.
On November 18, 2024, the City Council conducted fourth public hearing and ultimately selected Final Map, Map B2 Live Edits and sequence of elections for district-based council elections (Districts 1 & 2 in 2026 and Districts 3, 4 and 5 in 2028) and introduced the Ordinance Amending Title 2 “Administration and Personnel” of the Foster City Municipal Code to Add Section 2.56.025 “District Elections” to Provide for the Election of Members of the City Council by Five Districts; Establish the District Boundaries; and Election Order of Each District.
On December 2, 2024, the City Council adopted Ordinance No. 685, adopting the selected Final Map, Map B2 Live Edits (“Adopted Map”).
The City’s demographer has prepared the Adopted Map Final Report (Attachment 1) for the City Council’s review and adoption pursuant to the requirements of Elections Code section 21130(f).
BACKGROUND
Elections Code section 21130(f) requires that within 21 days of adopting the final district boundaries, the districting body shall issue a report that explains the basis on which the districting body made its decisions in achieving compliance with the requirements and criteria described in this section, including, as to each neighborhood, community of interest, city, or census designated place that was split into two or more districts, the reason for that split.
In selecting Adopted Map (Map B2 Live Edits), the City complied with the Fair and Inclusive Redistricting for Municipalities and Political Subdivisions (Fair Maps) Act in adopting the districts,2 which provides criteria that the City must utilize when establishing election district boundaries or when undertaking the redistricting process (which must occur every ten years after each population census). This criteria are summarized below. (a) The election districts must be substantially equal in population based on the most recent census.
(b) The districting body shall adopt election district boundaries that comply with the United States Constitution, the California Constitution, and the Federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10301 et seq.) and consistent with the Federal Voting Rights Act, the districting body shall determine whether it is possible to create an 2 Cal. Elec. Code § 21100 et seq.
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4 election district or districts in which a minority group is sufficiently large and geographically compact to constitute a majority in a single-member district, as set forth in Thornburg v. Gingles, 478 U.S. 30 (1986).
c) The districting body shall adopt election district boundaries using the following criteria as set forth in the following order of priority:
(1) To the maximum extent practicable, election districts shall be geographically contiguous. Areas that meet only at the points of adjoining corners are not contiguous. Areas that are separated by water and not connected by a bridge, tunnel, or regular ferry service are not contiguous. (2) To the maximum extent practicable, and where it does not conflict with the preceding criterion, the geographic integrity of any local neighborhood or local community of interest shall be respected in a manner that minimizes its division.
(3) To the maximum extent practicable, and where it does not conflict with the preceding criteria, election districts shall be bounded by natural and artificial barriers, by streets, or by the boundaries of the local jurisdiction. Election district boundaries should be easily identifiable and understandable by residents.
(4) To the maximum extent practicable, and where it does not conflict with the preceding criteria, election districts shall be drawn to encourage geographical compactness in a manner that nearby areas of population are not bypassed in favor of more distant populations.
(d) The districting body shall not adopt election district boundaries for the purpose of favoring or discriminating against an incumbent, political candidate, or political party.3
ANALYSIS
Redistricting Partners has prepared the attached Adopted Map Final Report which satisfies the requirements of Elections Code section 21130(f).
B2 Live Edits is based on Map B which was discussed and edited at the Council meeting on November 4, 2024. Map B was inspired by Public Map 1 and drawn in a way that balanced that public map while maintaining Homeowners Associations (HOAs), when possible.
Map B2 Live Edit
Total Population Deviation: 4.5%
•District 1: Consists of the southern portion of the City, using main roads (Beach Park Blvd, Edgewater Blvd, and Foster City Blvd) and waterways. Due to population balance and the requirement of following census blocks given to us by the US Census Bureau, minor roads were used as dividers, as well. One HOA (Marina Point) has a minor split consisting of a parking lot and tennis courts. All 3 Cal. Elec. Code § 21130 (a)-(d).
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4 residents of Marina Point are maintained in District 1. •District 2: Consists of the middle southern portion of the City, predominantly using waterways as dividers. District 2 crosses Foster City Blvd in order to achieve balanced population.
•District 3: Consists of the eastern portion of the City commonly found in publicly drawn maps.
•District 4: Consists of the middle northern portion of the City commonly found in publicly drawn maps.
•District 5: Consists of the western portion of the City and uses main roads (Shell Blvd, Foster City Blvd, Beach Park Blvd, and Edgewater Blvd) and waterways when possible. Minor roads were used as dividers to ensure population balance.
The Adopted Map Final Report documents the specific criteria used during the districting process and explains the basis on which the City Council made its decisions when communities of interest (COIs) were split. While the City did its best to maintain as many COIs as possible, splits were necessary in order to follow the higher-ranking criteria set forth by the FAIR MAPS Act.
The adoption of the Adopted Map Final Report is the last action that the Council will need to take to complete the transition process from at-large elections to by district elections.
Information is available on the City’s website about the districting process and supporting documents. The City website dedicated to this district transition process which can be found here:
https://www.fostercity.org/districtelections.
CALIFORNIA EQUALITY 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 report 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
There is no direct fiscal impact associated with this action.
CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
City Council Operations and Improved Community Engagement
ATTACHMENTS
Attachment 1 – Adopted Map Final Report