HomeMy WebLinkAbout06.B- Community Development DOC ID: 1805 E
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CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Public Hearing
From: Margo Wheeler M/CC Meeting Date: 06/18/2012
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; Item Continued to June 18, 2012.)
Financial Impact:
There will be no financial impact.
The hearing was opened on May 7, 2012.
Motion: Continue the matter to July 2,2012.
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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.
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.
Updated:6/13/2012 by Linda Sutherland E Packet Pg. 179
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Proposed Timeline:
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
Background:
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."
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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
Updated:6/13/2012 by Linda Sutherland E
Packet Pg. 180
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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 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.
Updated:6/13/2012 by Linda Sutherland E
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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.
Supporting Documents:
Proposal A (PDF)
Proposal B (PDF)
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Proposal C (PDF)
City Any Memo 12-014 (PDF)
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Ward Maps available for viewing (PDF)
Revised Proposal A (PDF)
Revised Proposal B (PDF)
Revised Proposal C (PDF)
Proposal D (PDF)
Proposal E (PDF)
Proposal F (PDF)
Proposal G (PDF)
Updated:6/13/2012 by Linda Sutherland E
Packet Pg. 182
Proposal A Summary I B.B.e
Ward Population Difference Ward Redissbie ing Legend
1 29,996 6.86 Ut Wed Vl�1st WaNAeelron
2 30,029 39.86 god Wad M 2nd MM Addniol
3 30,096 106.86 am wad Pjf�are wad AddMor
4 29,995 5.86 '41H wad Mom wad Adaliioo
5 29,905 -84.14 5th Ward Vl�j 5mwad Adadioo
6 29,902 -87.14 6m Ward Vll�6m wad Addition
7 30,001 11.86 nn Wad T '.nn ward Aed'nion
Optimal Pop=29989.14
138 173
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L City of Bernardino
Council • Redistricting
Proposal
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
extends north of State Route 210 into Ward 4.
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A4 This change squares off the boundary between Ward 6 and 3 transferring a population of
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778 to Ward 3 and simplifying their boundaries. m
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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
population of 738 to Ward 2. _
A7 This adjustment shifts a population of 281 below Northpark Boulevard from Ward 5 to a
Ward 4. a
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AS A population of 1213 is moved from a section above Northpark Boulevard from Ward 5 to
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Proposal B Summary N
Wartl Po ulation Difference lWartl Redistricting Legen B.B.b
1 29,913 -76.14 -_- 1at Ward M tWard Addiion
2 30,013 23.86 2nd Ward�M 2nd Ward Additon
3 30,037 47.86 '..3rd Ward rill:3rd Ward Addition
4 29,916 -73.14 - 4m Wald 41n Ward Addition
5 29,975 -14.14 5m Ward 5th Ward Addition
6 30,044 54.86
7 30,02fi 36.86
6tM1 Ward ;rM 6tM1 Ward AdtlOion
7th Wartl rwin 7th Ward Addlidn
Optimal POp=29989.14
138 173
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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
extends north of State Route 210 into Ward 4. m
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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. �
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B5 This modification moves an area with a population of 24 east of 1-215 from Ward 3 to Ward ;
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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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67 This adjustment shifts a population of 722 along G and H Streets from Ward 7 to Ward 2. a'
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B8 A population of 205 is moved from Ward 5 to Ward 7 where Kendall Avenue intersects E o
Street. °O
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B9 This revision shifts a section of Ward 5 at its northeastern boundary transferring a N
population of 1405 to Ward 4. o
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Proposal c summary N Ward Redistricting Lege a's'o
Ward PD ulation Difference n lstwaM ®lstwam Addition
1 29,913 -76.14 //•\V 2nd wad®2nd MW Addison
2 30,013 23.86
3 30;037 47.66 3rd waM aa Ward Aadtlion
4 29,936 -53.14 - 4th ward 4th Ward Adddion
5 29,955 34.14 5th Ward V113�,,5th wam Addition
6 30,044 54.66 stn Ward eth ward Addition
7 30,026 36.66 7th ward 7th ward Addition
opr ai POp=2ssest4
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City of San Bernardino
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Council Wards Redistricting
Proposal C
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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 H
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. _
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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.
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C9 This revision shifts a section of Ward 5 below Northpark Boulevard transferring a w
population of 577 to Ward 4. a
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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. Easlantg3E,
Senior Assistant City Attorney
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DATE: March 26,2012
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RE: LEGAL PROCESS FOR REVISING WARD BOUNDARIES/REDISTRICTING °
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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 o
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 E
be nearly equal in their total populations.For localjurisdictions such astheCityo fSanBemardino,
relatively minor deviations from mathematical equality are constitutionally permissible as long as Z
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: ; z
Clause of the Fourteenth Amendment of the U.S. Constitution and the Federalw
Voting Rights Act(42USC§1973), as interpreted by case law.
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FIEASLANMCiry klmneruemes Graham.memompd I
said
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
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Section 21620 ofthe 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: e
After the initial establishment of the districts, the districts shall 3
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 a
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 o
!, 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
classes, such as ethnic/racialAanguage minority groups. If the population of a protected class is E
sufficiently large, geographically compact,and politically cohesive,the law says that boundaries 2
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
FAEASLANDUty MwagerUames Onham.memompd 2 Packet Pg. 190
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.
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F\EASLAND\City Mmagerllemes Graham.memo.wpd 3 ''Packet P9. t9t.
Ward Redistricting 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 Ix
hearing on the matter.
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Proposal A Summary N 6.8.1
Wardl Population I Difference A Want Redistricting Legend
1 _29,996L 6.86 tsrwara IJ11sI wadi Aaaamn
2 3Q029 39.86 Ad Wam M 2nd warn AHdnbl
3 30,0961 106.86 3m Wam ®3m Ware Milli
4 29,995 5.86 1..41n Ward 4m Ward Addition
5 29,905 -84.14 61h Wam sm ware Addition
6 29,902 -87.14 eln Wam 2�0 sit Wand Addition
7 30,001 11.86 - m, ward nn wand Addition
Optimal POp=299a9:14
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Council City of San Bernardino
• Redistricting
Proposal
Proposal a summary N Ward Redistricting'Legen O.O.g
War Po ulatipn Difference
1 29,913 -76.14 1st Ward 1st Ward Addition
2 30,013 23.86 2nd Ward®2nd Ward Addition
3 30,037 47.86 _ - 3rd Ward ®3rd Ward Addition
4 29,916 -73.14 '.,4th Ward ��n 4th Ward Addition
5 29,975 -14.14 5th Mrd prG�!/IJT 5th MM Addition
6 30,044 54.86 ILL 61h Ward ICLCd Nth Ward Addition
7 30,026 36.86
Optimal POP=29989.14
L 7th Ward 7th Nord Addition
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Proposal C Summary N Ward Redistricting Legen B.B.H
Wa Po lation Differe!1ce —.. pp>>��
'.tat Wad Vlld 1st Ward Addition
2nd Wad 2nd Wad ACdllion
2 30,013 23.86
3 30,031 47.86 3d Ward ®3rd Ward Addition
4 29,936 -53.14 F—4th Wad 4th Ward Addition
5 29,955 -34.14 5th Ward 5th Wad Addition
6 30,044 54.86 6th Ward �e stn Ward Addition
7 30,026 36.86 7th Ward 7th Ward Addition
Optimal POp=29968.14
138 73
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Lr I Bernardino
Council 4P,_
T _
Y Wards
Proposal
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Proposal Summary 1 8:8.1
Ward Population Difference A ward RadiaVictin9 LB9and
1 29,996 6.86 1st Wan tot ward Addition
2 30,029 39.86 2nd ward 2nd Wand Action.
3 30,096 106.86 3rd Mot 0�?,3n wand Addillo.
4 29,926 -63.14 `4m ward me wand Addition
5 29,974 -15.14 _- 590 wrap 5m wand Addition
6 29,902 -87.14 '-BVI wan 6m ward Addition
7 30,001 11.86 - '- etn wan nn wand Addition
Optimal Pop=29989.14
138 173
G 189
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9.196
Proposal Summary
Ward Population Diiferexe A W.m RNdwUl.ing Legend
1 30,050 60.86 1.1 Wore 1.t WaWndd'nmll
2 30,029 39.86 2ndMrd®2rd MM AdddioI
3 30,078 88.86 3mMd ®31d MM AddlWr
4 29,926 -63.14 -_"" 41n Mrd 4th wamnddnion
5 29,974 -15.14 sm Mrd ®5m MW Addition
6 29,866 -123.14 --'Bmv Id 61h Ward Mahon
7 30,001 11.86 --�7tN VAm 7m VANAdddlon
Optimal Pop=29989.14
138 N 173
G 189
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City of • •
Council Wards Redistricting
Proposal E
b
p!f 187
Proposal Summary I g,g,k
Ward Population Difference A Ward Redistricting Legeaa
1 30,050 60.86 --_- 1nl Wam ��/ j tai Wam Aadluod
2 30,029 39.86 21d Wam am Ward Mdd,r,
3 30,078 88.86 31d Wam 3rd Wam Addnlor
4 29,995 5.86 4m Ward 4m WardAdddo,
5 29,905 -84.14 _--- 5m Wam `jJj sm MID Addrinn
6 29,866 -123.14 _ sm Wam Bm Ward Addition
7 30,001 11.86 - nN Wam 7m Wam Adams
Optimal Pop=29989.14
138 N 173
G 8
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- • • •
Packet Pg.198
Propoul Summary N Ward Redistricting Leg B:B.I
Ward Po ulaflon
ID 1 29,889 tat Wam ®tat ward Addition
2 30,073 2M MID and Ward Addnion
3 . 30,061 U ®am ward 9m vam Addnion 4 29 936 0 4tn Wm 4th Wam Addnon
5 29,955 6 30,044 Stn Wam ®5tH Wam Addition 7 30,026 u MH Wam M�)6th Wam Addnion
T
Optimal Pop=29989:14 `� h Ward Pl1L,7th Ward Addition
138 H 173
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1
"Packet Pg.199