HomeMy WebLinkAbout07.C- Community Development DOC ID: 1805 B
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Public Hearing
From: Margo Wheeler M/CC Meeting Date: 05/07/2012
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.
Financial Impact:
There will be no financial impact.
Motion: Continue the public hearing to May 21, 2012, at 4:00 p.m. in the Council
Chambers to approve City Ward Redistricting within the City of San Bernardino.
Synopsis of Previous Council Action:
IOn 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.
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 Timeline:
Updated: 5/3/2012 by Georgeann"Gigi"Hanna B
1805
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
jJuly 2,2012: Second reading of proposed ordinance
August 6,2012: Adoption of ordinance
Backeround:
The City Charter, in Section 3,provides that:
"The Mayor and Common Council by ordinance shall divide the area of the City into
t, 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
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 2010 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.
1 Updated:5/3/2012 by Georgeann"Gigi"Hanna B - acket P 640
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It was anticipated that the process of inputting, reviewing and analyzing the data from the 2010
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
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.
Updated:5/3/2012 by Georgeann"Gigi"Hanna B
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The maps have been sent to the Mayor and Common Council and posted on the Council office
!� floor for review.
Suaportina Documents:
Proposal A (PDF)
Proposal B (PDF)
Proposal C (PDF)
City Arty Memo 12-014 (PDF)
Ward Maps available for viewing (PDF)
Updated: 5/3/2012 by Georgeam"Gigi"Hanna B , .Packet Pg.-642
Proposal A Summary M 7.C.a
Ward Population Difference A Ward Redisalc[In9 Legend
1 29,996 6.86 let Wad ®]atMd Addilioa
2 30,029 39.86 2nd Wad®2nd Ward AEEitor
3 30,096 106.86 3d wad ®3d Wad AddItIop
4 29,995 5.86 40;Ward 4th wars Addition
(" 5 29,905 -64.14 5th Mod ®5m Wad Aetliliap
` 6 29,902 -87.14 '6m wad EZ�6th ward Addition
7 30,001 11.86 7m Wad 7th Wad AEditiop
Optimal Pap=29989.14
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Proposal A
Descriptive Summary
Al 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
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A4 This change squares off the boundary between Ward 6 and 3 transferring a population of 9
778 to Ward 3 and simplifying their boundaries.
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AS This modification moves an area with a population of 354 at the northern tip of Ward 1 to 3:
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A6 This revision moves a section of Ward 7 at its northwestern boundary transferring a
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A7 This adjustment shifts a population of 281 below Northpark Boulevard from Ward 5 to a'
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A8 A population of 1213 is moved from a section above Northpark Boulevard from Ward 5 to
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Proposal B snmmala IN Ward Redistricting Legen zab
Wartl PO ulation Difference A
1 29,913 -76.14
list Ward VT1MVT1�list Ward Addition
2 30,013 23.86 2nd Ward✓ii^2nd Ward Addition
3 30,037 47.86 3rd Ward 3rd Word Addition
4th Ward 4th Ward Addition
5 29,975 -14.14 Sib Wartl 5th Wartl Addition
6 30,044 54.86 6th Wartl ®6th Wartl Addition
7 30,026 36.86
Optimal PoP=29969.td —__]Ib Ward®]f11 Wartl Atltl0ion
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Proposal B
Descriptive Summary
Bl 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 small portion of Ward 7 that
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B4 This change shifts an area along the Santa Ana River wash from Ward 1 to Ward 3
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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 3
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B6 This revision moves a section of Ward 6 at its southeastern boundary transferring a
population of 282 to Ward 3. _
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B7 This adjustment shifts a population of 722 along G and H Streets from Ward 7 to Ward 2. a'
B8 A population of 205 is moved from Ward 5 to Ward 7 where Kendall Avenue intersects E o
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B9 This revision shifts a section of Ward 5 at its northeastern boundary transferring a h
population of 1405 to Ward 4. a
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Proposal C Summary N Ward Redistricting legen 7.C.<
Ward Po ulatimn Difference A ist Mrd 1st Ware Addnion
1 29,913 -76.14 N 2nd Ward�j�2nd Ward Addition
2 30,013 23.86
3 30,037 47.86 3m Wam 3rd Ward Addition
4 29,936 -53.14 !4th Ward 4th Wald Addition
5 29,955 -34.14 - 5th Ward 5th Ward Addition
6 30,044 54.86 6th Ward 5th Ward Addition
7 30,026 36.86 _.. 7th Ward®7th Ward Addition
Optimal POp=29989.14
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City of San Bernardino
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Proposal C
Descriptive Summary
C1 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. c
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C4 This change shifts an area along the Santa Ana River wash from Ward 1 to Ward 3 _^
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transferring a population of 461. �
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C5 This modification moves an area with a population of 24 east of 1-215 from Ward 3 to Ward 3
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C6 This revision moves a section of Ward 6 at its southeastern boundary transferring a
population of 282 to Ward 3. s
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C7 This adjustment shifts a population of 722 along G and H Streets from Ward 7 to Ward 2. a'
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C8 A population of 205 is moved from Ward 5 to Ward 7 where Kendall Avenue intersects E c
Street. °D
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C9 This revision shifts a section of Ward 5 below Northpark Boulevard transferring a
population of 577 to Ward 4. 0
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C10 This revision moves a portion of Ward 5 at its northeastern boundary transferring a
population of 848 to Ward 4.
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INTER OFFICE MEMORANDUM
OFFICE OF THE CITY ATTORNEY
CITY OF SAN BERNARDINO
LEGAL MEMO NO. 12-014
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TO: James Graham,Assistant to the City Manager
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FROM: Stephanie D. Easland3Ei
Senior Assistant City Attorney w
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DATE: March 26,2012
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RE: LEGAL PROCESS FOR REVIS17VG WARD BOUNDARIES/REDISTRICTING a
CC: James F. Penman, City Attorney;'Andrea Travis-Miller,Assistant City Manager a
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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 q
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.Forlocal 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 a
total deviation between the largest and the smallest ward exceed ten percent.
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:
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1. The San Bernardino City Charter, Section 3;
2. The California Elections Code;and c
3. Federal constitutional and statutory requirements, mainly the Equal Protection't'
Clause of the Fourteenth Amendment of the U.S. Constitution and the Federalw s
Voting Rights Act(42USC§1973), as interpreted by case law. T
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F:TASt.AND\City MmaguUamu Graham.memompd '
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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 rn
Section 21620 ofthe California Elections Code addresses reapportionment of charter cities
where council members are elected by districts (wards). Section 21620 also recognizes the a
obligation to comply with the Federal Voting Rights Act during the reapportionment process:
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After the initial establishment of the districts, the districts shall
continue to be as nearly equal in population as may be according to w
the latest federal decennial census,or if authorized by the charter of
the city, according to the federal mid-decade census. The districts `m
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 ofthe districts,the a'
council may give consideration to the following factors: (1) a
topography, (2) geography, (3) cohesiveness, contiguity, integrity
and compactness of territory,and(4)community of interests in the
districts.
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The Federal Voting Rights Act of 1965 is intended to protect the voting power of certain CN
classes, such as ethnic/racial/language minority groups. If the population of a protected class is E
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.
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As to the legal process for charter cities adopting revised ward boundaries,Elections Code
§21620.1 provides:
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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.) a
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
F1EASLAMCity ManagerVames Graham.memo.wpd 2 PeCket Pg. 650
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 setting 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. m
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Ward Redistrictine Maps for Public Viewing
The public may view full-sized maps at several locations. 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;
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Additionally,the maps will be posted in the Council Chambers on May 7,2012,the day of the first public
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