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HomeMy WebLinkAbout06.A- Community Development 6.A DOC ID: 1805 D CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Public Hearing From: Margo Wheeler MlCC Meeting Date: OS/21/2012 Prepared by: Shirley Robinson, (909) 384- 5057 Dept: Community Development Ward(s): All Subject: A Public Hearing for Ward Redistricting Within the City of San Bernardino (At Meeting of May 7,2012, Item Continued to May 21, 2012). Financial Imoact: There will be no financial impact. Motion I: Mayor to open the hearing... Motion 2: Motion 3: Close the hearing; approve the ward boundaries reflected in Proposal A, as presented; and direct staff to prepare an ordinance implementing the approved ward boundaries to be presented at the June 4, 2012 meeting of the Mayor and Common Council. OR Close the hearing; approve the ward boundaries reflected in Proposal B, as presented; and direct staff to prepare an ordinance implementing the approved ward boundaries to be presented at the June 4, 2012 meeting of the Mayor and Common Council. OR Close the hearing; approve the ward boundaries reflected in Proposal C, as presented; and direct staff to prepare an ordinance implementing the approved ward boundaries to be presented at the June 4, 2012 meeting of the Mayor and Common Council. Synopsis of Previous Council Action: On April 2, 2012, the Mayor and Common Council voted to set the public hearing for May 7, 2012. On June 6, 2011, the Mayor and Common Council established and appointed members to the Redistricting Task Force to begin the process of analyzing the 2010 Census data and to recommend options for the potential redistricting of ward boundaries. Updated: 5/16/2012 by Linda Sutherland D ~- ,.,,",,... .., H"., ?Ii ... .. Ilk;;': 1.-.... '. .M p,..--I 6:A 1805 On May 17, 2011, the Legislative Review Committee recommended that a Redistricting Task Force based on the 2010 Census be established and that the Task Force be referred to Mayor and Common Council for approval. On February 15,2001, the Mayor and Common Council appointed a Task Force to begin the process of redistricting the City's Ward boundaries. On February 8, 2001, the Legislative Review Committee recommended the request to establish a 2000 Census Task Force be referred to Mayor and Common Council. Proposed TimeIlne: In order to meet federal constitutional and statutory requirements, as explained in Legal Memo 12-014 released by the City Attorney's office on March 26, 2012 (attached), staff recommends the following timeline: April 2, 2012: Set date for public hearing May 7, 2012: Public hearing June 4, 2012: First reading of proposed ordinance July 2, 2012: Second reading of proposed ordinance August 6, 2012: Adoption of ordinance Backl!round: The City Charter, in Section 3, provides that: "The Mayor and Common Council by ordinance shall divide the area of the City into seven wards of approximately equal population and thereafter shall periodically change the boundaries of the wards to maintain them in compact form and as nearly equal in population as possible, provided that such changes shall not be made more than once in any two year period nor within 90 days of any general municipal election." Every 10 years, the federal government conducts a census of the nation's population. Statistically, any change in the population over 5% represents a significant change in the number of people living in a city. The 2010 Census data indicates that San Bernardino has experienced Updated: 5/16/2012 by Linda Sutherland D ':'.~'4_-"'lli'~~'I"1' .!'iRa, '!g.. ,:h;;70!. ,ifY:'fl3LV,J<,;, 6.A 1805 an approximate 13% growth in population since the 2000 Census. On May 17,2011, the Legislative Review Committee ("LRC") reviewed information provided by staff recommending the creation of a task force to determine the appropriate reapportionment of the City's Ward boundaries. LRC unanimously approved moving this item forward to Mayor and Common Council for consideration. On June 6, 2011, the Mayor and Common Council established the Redistricting Task Force to analyze the impact of the growth in population reflected in the 20 I 0 Census data and to provide recommendations as to reapportionment of the City's Wards. The Council appointed the representatives from the following departments: Office of the City Manager, Office of Common Council, Office of the City Attorney, Office of the City Clerk, Department of Community Development, Department of Information Technology Services, and the Department of Public Works. No elected official may serve on the Task Force except the City Clerk or her designee. It was anticipated that the process of inputting, reviewing and analyzing the data from the 20 I 0 Census would require approximately 14 months, concluding in July 2012. As part of the process, the Task Force would provide reapportionment options to Council members and to the general public. ANALYSIS The Redistricting Task Force developed three options for consideration by the Mayor and Common Council. The Task Force has provided maps showing the areas of possible change to City Wards, with numbered circles to draw attention to the affected areas. Also included are narrative descriptions of the proposed changes for each of the three options. Finally, a chart has been provided that offers a comparative view of the suggested changes for each of the three proposed options. While utilizing the 2010 Census as its basis, the goal of the Task Force was to propose appropriate changes to the City Ward boundaries based on changes in the population count. The strategy of the Task Force was to recommend minor changes to balance the population among the various City Wards, while keeping neighborhoods intact and respecting existing geographical Updated: 5/16/2012 by Linda Sutherland D I"L. j ":~~~~jl;, 6,A 1805 boundaries as much as possible. Based upon the information gathered in the 2010 U.S. Census, the population count in the City's Wards became numerically out of balance with the optimal average Ward population target due in large part to growth in the Northwest and growth to a lesser extent in the protected foothill area. Wards 5 and 4 were approximately 1,500 persons over and under the average population, respectively. Wards 7 and 3 were approximately 700 over and under average, respectively. Difference in the optimal 29,989 persons per City Ward varied from 7.6% more in Ward 5 and 7.1 % less in Ward 4. In all cases, variance from the average ward population has been from 361 to 1,598 to a variance between 107 to 6, average 50 in Proposal A; 76 to 14, average 47 in proposal B; and 76 to 24, average 47 in proposal C. The proposed options have been posted in City Hall and placed online for review by the public. The maps have been sent to the Mayor and Common Council and posted on the Council office floor for review. SUDDortin!! Documents: Proposal A (PDF) Proposal B (PDF) (PDF) Proposal C City Ally Memo 12-014 (PDF) Ward Maps available for viewing (PDF) Updated: 5/1612012 by Linda Sutherland D Proposal A Summary Ward Po ulation Difference 1 29,996 6.86 2 30,029 39.86 3 30,096 106.86 4 29,995 5.86 5 29,905 -84.14 6 29,902 -87.14 7 30,001 11.86 Optimal Pop-29989.14 N A 6.A.a Ward Redlstrlcting Legend 1st Ward %2Zi ls1WardAddition 2nd Ward ~ 2nd Ward Additiol 3rdWard ~3rdWardAddilior 4thWard~4thWardAddition 5th Ward E222 5th Ward Addition 6th Ward IZ2Zi 6th Ward Addition 7th WardV,- 71hWardAddilion 138 ,JtJ'^t-" cil (.~ ~ ~ 1i;:.4, , w ~ i-""BASELlNERD W W 0 ~ w > " 6 FOOTHILL BLVD RIALTOAVE MERRILL AVE i' o. .' ~~ANBE NARDINOA E w '" r 0 " w ~ o r < . . . " " . < . < . S < SANBERNAROINOAVE . 0 ~ . < .. " . "'. 0 . 0 , !;: , ~ . E . " 0 . " w " 0 z ~ 0 HOWRh ~__~~..JI__~ . COG AU , W . W r '" " z w " w ~ " < < "" BARTON RD Proposal A Descriptive Summary A1 This zero (0) population shift moves a small area of Ward 6 to Ward 1 in order to simplify their common boundary. A2 This boundary clarification moves the portion of Ward 6 that extends east of 1-215 into Ward 2 clarifying their boundaries. The area has a population of 37. A3 This boundary clarification, with a population of 10, shifts a small portion of Ward 7 that extends north of State Route 210 into Ward 4. A4 This change squares off the boundary between Ward 6 and 3 transferring a population of 778 to Ward 3 and simplifying their boundaries. AS This modification moves an area with a population of 354 at the northern tip of Ward 1 to Ward 6. A6 This revision moves a section of Ward 7 at its northwestern boundary transferring a population of 738 to Ward 2. A7 This adjustment shifts a population of 281 below Northpark Boulevard from Ward 5 to Ward 4. A8 A population of 1213 is moved from a section above Northpark Boulevard from Ward 5 to Ward 4. 6.A.a Ci c " u .~ - .!!1 " " '" " - .. S: - .g Cl C .~ .. " J: .~ .c ~ ll. <( on C <Xl ~ - <( .. .. o c. o - ll. - c " E '" u .. :t: <( 1;'~lll.I.'~lf!l TT'~"""','j.h:~j'~'''""" Proposal B Summary Ward Po ulalion Difference 1 29,913 -76.14 2 30,013 23.86 3 30,037 47.86 4 29,916 ~73.14 5 29,975 -14.14 6 30,044 54.86 7 30,026 36.86 OptimaIPop"29989.14 N A 6.A.b Ward Redistricting legen 1SIWard~1stWardAddition 2nd Ward V"'h 2nd Ward Addrtion 3rd Ward E2Z13rd Ward Addition 4th Ward ~ 4th Ward Addi';on 5th Ward E222 5th Ward Addition 6th Ward ~6thWardAddition 7th Ward ~ 7th Ward Addition c , . \ \ ~ 10 " w ~ ~"BASELlNERO w w . ~ w > " 6 FOOTHILL BLVD RIALTOAVE NARDINO E " . . . . . . " . SAN BERNARDINO AVE . . . . . .. " . 0<; 0 . 0 '" " " w E . " 0 . . w " 0 . . . . , !.~-~ A Eya . LUGO A E m , w ~ " . o < m . . . m JU U AAVETf ~ . . '" " BARTONRD / Proposal B Descriptive Summary B1 This zero (0) population shift moves a small area of Ward 6 to Ward 1 in order to simplify their common boundary. B2 This boundary clarification moves the portion of Ward 6 that extends east of 1-215 into Ward 2 clarifying their boundaries. The area has a population of 37. B3 This boundary clarification, with a population of 10, shifts a smail portion of Ward 7 that extends north of State Route 210 into Ward 4. B4 This change shifts an area along the Santa Ana River wash from Ward 1 to Ward 3 transferring a population of 461. B5 This modification moves an area with a population of 24 east of 1-215 from Ward 3 to Ward 1. B6 This revision moves a section of Ward 6 at its southeastern boundary transferring a population of 282 to Ward 3. B7 This adjustment shifts a population of 722 along G and H Streets from Ward 7 to Ward 2. B8 A population of 205 is moved from Ward 5 to Ward 7 where Kendail Avenue intersects E Street. B9 This revision shifts a section of Ward 5 at its northeastern boundary transferring a population of 1405 to Ward 4. 6:A.b Ci ~ - u .C - '" "0 Q) a: "0 ~ ~ S: ~ o - Cl ~ .C ~ Q) :l: u .0 " 0.. <( on '" '" - - [l) ~ '" o c. o ~ 0.. '-' ~ Q) E ~ u ~ :t: <( Proposal C Summary Ward Po ulation Difference 1 29,913 -76.14 2 30,013 23.86 3 30,037 47.86 4 29,936 -53.14 5 29,955 34.14 6 30,044 54.86 7 30,026 36.86 N A Ward Redistricting Legen 1stWard i%22j1stWardAddition 2nd Ward ~ 2nd Ward Addition 3rdWard~3rdWardAddition 4th Ward ~ 4th Ward Addilion 5th Ward rm 5th Ward Addrtion 6th Ward ~ 6th Ward Addilion 7th Ward ~ 7th Ward Addition 6Ac OptimaIPop=29989.14 . o o . w > . . .. 'l" ',. o " . o o o " 6 FOOTHILL BLVD NARDINOA E " . . . . . ~ . SAN BERNARDINO AVE " . w o z ~ o ~ . E o o 2 " RIALTOAVE V EYB z . WG H w w 0 w 0 z " . z C'" w " BARTONRD w ~ . .. . . . . 0 m 0 '" 'AAVE ~ . / Proposal C Descriptive Summary Cl This zero (0) population shift moves a small area of Ward 6 to Ward 1 in order to simplify their common boundary. C2 This boundary clarification moves the portion of Ward 6 that extends east of 1-215 into Ward 2 clarifying their boundaries. The area has a population of 37. C3 This boundary clarification, with a population of 10, shifts a small portion of Ward 7 that extends north of State Route 210 into Ward 4. C4 This change shifts an area along the Santa Ana River wash from Ward 1 to Ward 3 transferring a population of 461. C5 This modification moves an area with a population of 24 east of 1-215 from Ward 3 to Ward 1. C6 This revision moves a section of Ward 6 at its southeastern boundary transferring a population of 282 to Ward 3. C7 This adjustment shifts a population of 722 along G and H Streets from Ward 7 to Ward 2. (8 A population of 205 is moved from Ward 5 to Ward 7 where Kendall Avenue intersects E Street. C9 This revision shifts a section of Ward S below Northpark Boulevard transferring a population of 577 to Ward 4. Cl0 This revision moves a portion of Ward 5 at its northeastern boundary transferring a population of 848 to Ward 4. 6.A.c Oi ~ '" u .~ - .!!! ." .. 0:: ." ~ '" ~ ~ o - Ol ~ .~ '" .. :!: .2 .c ~ a. <( on C <Xl - - u '" III o c- o ~ a. - ~ .. E .c u '" - :i 1~I~J1Pjlll Nr?- ,," , -~:b; '0>',"_'_.' --..Yo_.," ___ "',"',_ 6.A.d INTER OFFICE MEMORANDUM OFFICE OF THE CITY ATTORNEY CITY OF SAN BERNARDINO LEGAL MEMO NO. 12-014 TO: James Graham, Assistant to the City Manager Ci ~ :;:: " .~ - ~ "C " 0: "C ~ .. ;;: FROM: Stephanie D. Easl~ Senior Assistant City Attorney ~ o - Cl ~ .~ .. " :I: " :c ::l a. <0: DATE: March 26, 2012 RE: LEGAL PROCESS FOR REVISING WARD BOUNDARIES/REDISTRICTING CC: James F. Penman, City Attorney; ~ndrea Travis-Miller, Assistant City Manager ." '" ., - Every 10 years following the U.S. Census, states and communities must realign political district boundaries with equal population and comply with the Voting Rights Act. Each elected official should represent approximately the same number of people maintaining the principal of "one person, one vote." The "one person, one vote" requirement is that election districts should be nearly equal in their total populations. For local jurisdictions such as the City of San Bernardino, relatively minor deviations from mathematical equality are constitutionally permissible as long as there is substantial equality between wards. As a rule of thumb, under no circumstance should the total deviation between the largest and the smallest ward exceed ten percent. .. - '" . N - o E " :0 :>. - :;: ~ u The City of San Bernardino is required to redraw ward boundaries to balance the population among seven (7) Council Wards. The Mayor and Common Council's redistricting process is governed by three fundamental authorities: - ~ " E .c " .. - :;: I. The San Bernardino City Charter, Section 3; 2. The California Elections Code; and 3. Federal constitutional and statutory requirements, mainly the Equal Protection ,1'. Clause of the Fourteenth Amendment of the U.S. Constitution and the Federal:~ Voting Rights Act (42USq 1973), as interpreted by case law. ;':i ~'t~ f,- *' ~ ,r )It !~(j : -..~ ""-' I_~) (~) j':'~, , Ii T, F:\EASLAND\City Manager\James Graham.memo.wpd 6.A.d Section 3 of the San Bernardino City Charter states: Time and Change of Boundaries. The Mayor and Common Council by ordinance shall divide the area of the City into seven (7) wards of approximately equal population and thereafter shall periodically change the boundaries of the wards to maintain them in compact form and as nearly equal in population as possible, provided that such changes shall not be made more than once in any two (2) year period nor within ninety (90) days of any general municipal election Cl c: :;:; u .;: - .!!! " G> tt: " ~ ~ == Section 21620 of the California Elections Code addresses reapportionment of charter cities where council members are elected by districts (wards). Section 21620 also recognizes the obligation to comply with the Federal Voting Rights Act during the reapportionment process: After the initial establishment of the districts, the districts shall continue to be as nearly equal in population as may be according to the latest federal decennial census, or if authorized by the charter of the city, according to the federal mid-decade census. The districts shall comply with the applicable provisions of the Federal Voting Rights Act of 1965, Section 1973 of Title 42 of the United States Code, as amended, in establishing the boundaries of the districts, the council may give consideration to the following factors: (1) topography, (2) geography, (3) cohesiveness, contiguity, integrity and compactness of territory, and (4) community of interests in the districts. ~ o - Cl c: .;: ~ G> :I: u .c " a. <( '" o <Xl ~ The Federal Voting Rights Act of 1965 is intended to protect the voting power of certain classes, such as ethnic/racial/language minority groups. If the population of a protected class is sufficiently large, geographically compact, and politically cohesive, the law says that boundaries should be drawn so that members of the group can elect representatives of their choice. ",. ~ <:;> N ~ As to the legal process for charter cities adopting revised ward boundaries, Elections Code ~21620. I provides: o E G> ::;; '" - <i ~ u The governing body shall hold at least one public hearing on any proposal to adjust the boundaries of a district prior to a public hearing at which the council votes to approve or defeat the proposal. (Emphasis added.) - c: G> E .c u ~ '" <( Therefore, before the Mayor and Common Council can vote to approve new ward boundaries, a minimum of one public hearing must be held on the proposed boundaries. These public hearing requirements can be fulfilled in numerous ways so long as the first noticed public hearing occurs before the meeting where the boundary revisions are adopted. For example, the noticed public hearings could be in the form of a workshop for the Mayor and Council, a F~\EASLAND\City Manager\James Graham.memo,wpd 2 ,i)k>'"krl!"~M=~,' i"u''t;Gt:t :;", a :KDJ ~,~' ,'At; M'~M"hW*""'" ~'; .~'" 6Ad community meeting held by the Mayor and Council, or a regular council meeting so long as no action to adopt a proposed plan is taken at the first public hearing. After the Mayor and Council approve revisions to the ward boundaries, an ordinance will need to be prepared serting forth the new ward boundaries. The process of adopting an ordinance requires two council meetings, one for the first reading and one for the final adoption. The ordinance then becomes effective 30 days from its final adoption by the Council and approval by the Mayor. If you have any further questions or need additional information, please do not hesitate to contact me. Ci ~ "" " ." - '" "C ~ '" "C ~ '" ~ ~ .E Cl ~ ." '" ~ :I: " :0 ~ 0- 4: on o "" - .. - o . '" - o E ~ ::;; :>. - :;: :>. '" () - " " E J:: " '" ~ F:\EASLAND\City Manager\James Graham.memo.wpd 3 6.A.e Ward Redistrictine: MaDS for Public Viewine: The public may view full-sized maps at severallocat;ons. Maps of the proposed changes are posted in: . Lobby at City Hall, 300 N. D St., San Bernardino . Outside the City Clerk's Office, on the Second floor of City Hall; . At the Council Offices, on Floor C of City Hall; Ci c: :;: u 'C - .!!l "0 Q) ~ "E '" ;: Additionally, the maps wili be posted in the Council Chambers on May 7, 2012, the day of the first public hearing on the matter. ~ o - Ol c: 'C '" Q) :l: .!.! .c :> <l. ..: '" '" '" - - Ol c: ;t Q) 'S; ~ o - Q) :;; '" .~ > '" ~ c. '" :;; "0 ~ '" ;: '" c: Q) E .l: U '" - :( 1!)!;~"'~~""'\i74":l .\:~t.d""'0;~~;~~'''>~;"';c'..