Millbrae map stirs concern

The city last year embarked on the switch after receiving a letter that claimed certain ethnic groups in the city had a harder time electing their candidates of choice. The letter alleged this was due to the city’s at-large elections in violation of the California Voting Rights Act, a law that suggests cities form districts that group “communities of interests” to bolster those communities’ abilities to elect their preferred candidates.

The city, like hundreds of others in the state that received similar litigation threats, chose to make the switch to shield themselves from potential costly litigation.

The city held seven community meetings in addition to other outreach events to educate the public on the process and form maps. A city-hired demographer submitted maps, as did dozens of residents. The city ultimately decided to move forward with a community-member drawn map.

The arrangement, however, sparked disapproval among some, who pointed to the area east of El Camino Real — where the bulk of the city’s Hispanic or Latino residents live — which was divided among three districts. Some councilmembers last month lauded that the chosen map divided the area, pointing to an increased number of councilmembers who would represent the neighborhood.

Of five maps the council chose to move forward with during a Feb. 8 meeting, the chosen map most evenly splits the cities voting-age residents who identify as “Hispanic or Latino,” according to census figures. While other maps had created districts with as much as 17% of a district identifying as such, the maximum percentage for the chosen map is 13.1%.

“My comment was the eastside of El Camino will be strongly represented by multiple councilmembers, and I do think that is important,” Vice Mayor Gina Papan said. “They’ve not been represented before.”

But a dozen community members who spoke during this week’s meeting questioned the logic, urging the council to reconsider. Residents of the area pointed to issues disproportionately faced there, including airport and train noise, flooding, poor access to parks and concerns related to ongoing and planned construction near the BART and Caltrain station.

Michael Kelly, the co-founder of the Millbrae Anti-Racist Coalition, said the group had organized to inform eastside residents of the districting decision, producing more than 100 residents opposing the chosen map.

“Word to the wise to the council, if you get on the wrong side of this, Millbrae [Anti-Racist Coalition] will remember, will recognize, will campaign to put people in office that will make intelligent decision around protecting communities of interest,” he said.

Other speakers questioned the need to adopt a map by March 1, a deadline articulated by the city, expressing frustration that the process felt rushed. The deadline was the product of a 90-day period in which the city was shielded from litigation that began the day the city confirmed its intent to switch to district elections.

Millbrae resident Nathan Chan pointed to Redwood City, where a similar process has been unfolding, but where the city plans to submit maps to the county by mid-April.

“I’m frustrated to hear about time being an argument,” he said. “There is time if the council chooses to avail themselves of it.”

In response to the claim, City Attorney Joan Cassman said she was concerned the city would run out of time, even for an April deadline, if it were to backtrack and move ahead with a different map. The maps are planned for use in the upcoming November election. Unlike Millbrae, Redwood City was not threatened with a lawsuit.

“If our city wants to vote in the next municipal election, we need to get this map in,” she said. “There are many, many steps we would need to take if we’re going to retreat and kind of start fresh.”

Councilmembers also responded to claims that the chosen map, first brought forward during the Feb. 8 meeting, was the product of gerrymandering to provide past councilmember Wayne Lee, who is expected to run in the coming election, with a district to run in without incumbent opposition, while boxing out You You Xue, who previously sought a council seat but was narrowly defeated.

The allegation was made by Councilmember Ann Schneider last month, the lone member of the council to vote against the map, and echoed by public commenters this week.

“This should not be about anybody that’s running for election,” Oliva said, who explained the city’s demographer was unaware of where incumbents lived, and the map places multiple councilmembers in districts with each other.

The map puts Oliva and Papan in District 1, Schneider and Councilmember Reuben Holober in District 3 and Councilmember Anders Fung in District 5. Oliva will be termed out this year, as will Holober; they could choose to run again in 2024 after taking a two-year break.

Schneider had also insinuated the map could open the city up to litigation if adopted. Cassman, the city attorney, said she believed “at this stage the fear” was not “that anyone else would come and sue us.”

In closing remarks, Fung emphasized the city’s process had been “one of the most extensive outreach” efforts he had seen. He also pointed out three of the districts contained majority nonwhite voting-age residents.

The city of just more than 22,000 is more than half Asian, 40% white, 11% Hispanic or Latino and 1% Black, according to census figures. The five-member council is majority white, Fung is the lone Asian member.

“As a member from the community of color, I’m proud of this process, I’m proud to have an opportunity to vote on this and to represent our city,” he said.

corey@smdailyjournal.com

(650) 344-5200, ext. 105