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HomeMy WebLinkAbout06.C- Community Development DOC ID: 1805 H CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION Public Hearing From: Margo Wheeler M/CC Meeting Date: 07/02/2012 Prepared by: Shirley Robinson, (909) 384- 5057 Dept: Community Development Ward(s): All Subject: A Public Heating 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; Item Continued to July 2,2012.) Financial Impact: There will be no financial impact. The hearing was opened on May 7,2012. Motion 1: 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 July 16,2012 meeting of the Mayor and Common Council. OR Motion 2: 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 July 16,2012 meeting of the Mayor and Common Council. i OR Motion 3: Close the hearing;approve the ward boundaries reflected in Proposal D,as presented; and direct staff to prepare an ordinance implementing the approved ward boundaries to be presented at the July 16,2012 meeting of the Mayor and Common Council. Synopsis of Previous Council Action: On June 18,2012, there was additional discussion and the matter was continued to July 2,2012. On May 21, 2012, there was considerable discussion and direction and the matter was continued to June 18,2012. I On May 7,2012,the public hearing was opened and continued to May 21, 2012. V Updated:6/26/2012 by Shirley Robinson H 6,C 1805 On April 2, 2012, the Mayor and Common Council voted to set the public hearing for May 7, C 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. 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." 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 C Updated:6/26/2012 by Shirley Robinson H Packet.Pg ;,:% 1805 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. 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. j ANALYSIS i 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. The proposed options were posted in City Hall and placed online for review by the public. The maps were sent to the Mayor and Common Council and posted on the Council office floor for review. At the May 21,2012,Mayor and Common Council meeting there were affirmative motions and seconds for Proposals A and C. There was discussion regarding specific areas and landmarks. Concern was expressed to not continue moving persons back and forth between wards each time there is change. It was also stated that the differences between each ward size was important. V Updated:6/26/2012 by Shirley Robinson H PacketPg. 157 1805 Staff has included in the package the original Proposals A and C because of the interest shown by the Mayor and Common Council members. �►/ Proposal D is the same as Proposal A with changes only in the north,between Wards 4 and 5. The proposal was distributed to Mayor and Common Council,posted in City Hall and on the website. Supporting Documents: City Atty Memo 12-014 (PDF) Ward Maps available for viewing (PDF) Proposal A-wNarrative (PDF) Proposal C-wNarrative (PDF) Proposal D-wNarrative (PDF) Updated:6/26/2012 by Shirley Robinson H Packet Pg. 158 6.C.a INTER OFFICE MEMORANDUM OFFICE OF THE CITY ATTORNEY CITY OF SAN BERNARDINO LEGAL MEMO NO. 12-014 m u N 9 TO: James Graham, Assistant to the City Manager v FROM: Stephanie D. Easlantlk-/ ; Senior Assistant City Attorney w M DATE: March 26,2012 a, x RE: LEGAL PROCESS FOR REVIS INGWARDBOUNDARIES/REDISTRICTING a CC: James F. Penman, City Attorney;Andrea Travis-Miller,Assistant City Manager a © V7 O W 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 0 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 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: ° a 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 x� Clause of the Fourteenth Amendment of the U.S. Constitution and the Federal z Voting Rights Act(42USC§1973), as interpreted by case law. T c © x; LO � T FIEASI.AND1Ciry ManagerUames Graham.memompd 1 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 .0 Section 21620 ofthe California Elections Code addresses reapportionment of charter cities where council members are elected by districts (wards). Section 21620 also recognizes the v obligation to comply with the Federal Voting Rights Act during the reapportionment process: W a m 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 m 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 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 and compactness of territory,and(4)community of interests in the districts. v 0 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 E sufficiently large, geographically compact,and politically cohesive,the law says that boundaries a should be drawn so that members of the group can elect representatives of their choice. a T As to the legal process for charter cities adopting revised ward boundaries,Elections Code §21620.1 provides: E E 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 a council votes to approve or defeat the proposal. (Emphasis added.) 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:IEASIAND\City MmageNames Grah m.memompd 2 PaCkOt Pg. 160 . . . ....... 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. c .v m 9 d T A 3 O 01 C A d Z O s IL 6 a 4 N O E m r x a v C d E r u m Q FAEASLANWiry MumpNemu Gmhem.memompd 3 Packet Pg:.161 6.C:b /1 Ward Redistricting Maps for Public Viewing !`ril 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 ice,on the Second floor of City Hall; • At the Council Offices,on Floor C of City Hall; S U N q U Additionally,the maps will be posted in the Council Chambers on May 7,2012,the day of the first public a hearing on the matter. 3 0 m c m x _U a 3 a N O O O 3 v 0 m a m N a m a n 3 E E z U R t Pro osal A Su mary Ward 6.C.c Ward I Population Difference Ward Redistricting Leg 51°.vab Redistricting 1 29,996 6.86 5=-84 Key 1st Ward 1st Ward Addition em wa,e. 2 30,029 39.86 =+i 2nd Ward 2nd Ward Addiliol 3 30,096 106.86 " wa,° 3rd Ward ® 3rd Ward Addition 6 7?+2 4 30,005 15.86 6=-87 2=+a" 4th Ward 4th Ward Addition 5 29,905 -84.14 wa,d 5th ward 5th ward Addition 3=+107 - 1=+7 6 29,902 -87.14 ' stn ward � 6th Ward Addition 7 29,991 1.86 nn Ward 7th Ward Addition pima op= 18 18 0 0 A m C U ti I i v 1 ti A C .� 48TH3 8 _ 40TH ,y\ w U a a Q m MA SHA L BL 0 7 0 ry-- b 30TH ST 2 - G m !`.. / i210 _ J Jf 5 ! HIGHLAND AVE Ai z w w 15TH ili„ rqq i__4- z Z BASELINE RD _ W w Q g a A3 a 66 FOOTHILLBLVD ! O {Y P RIALTO AVE 10 w d MERRILLAVE w z MILLST E z P a 0 q 0 — g n a Q SAN BE NARDINO E OM!G 3 NO r SAN BERNARDINO AVE m IYALLEY Kip I UG A E 1 1 _ kNDS 0 w n O w a w A W T CIT Author: Ruth Parish, IT Dept, Printed:6/27/2012,1'46'23 PM, Path:ll_MXDs\Wards\Redistricting\Final Proposals\County Data-Wards-ProposalA-circles-8x11.1 City of San Bernardino Council Wards Redistricting 1`4 1, — Proposal Packet Pg. 163 s.c.o Proposal A Narrative Description of Affected Areas Al. The boundary clarification moves a portion of Ward 6 that extends east of I-215 into Ward 2. The area has a population of 37 people. A2. This recommended boundary clarification shifts a small portion of Ward 7 that extends north of State Route 210 into Ward 4. A population of 10 persons is affected by this shift. '& A3. This change squares off the boundary between Ward 6 and 3 transferring a population of 778 to Ward 3. v d A4. This modification moves an area with a population of 354 at the northern tip of Ward 1 to Ward 6. 3 A5. This revision moves a section of Ward 7 at its northwestem boundary shifting a ° m population of 738 persons to Ward 2. m m A6. This proposed adjustment shifts a population of 281 people below Northpark Boulevard from Ward 5 to Ward 4. a AT This recommended revision shifts 1,213 people from a section above Northpark Boulevard from Ward 5 to Ward 4. d m m z I ; Q m N 0 a 2 a` c E E L U Q \I i 164 i Proposal C Summary Ward 6.C.d Ward Po ulation Difference wara Redistricting Ward Redistricting Legend 1 29,913 76.14 5=34 """ ° Key - 11st Ward ® i st Ward Addition s1, m,a- 2 30,013 23.86 �?_9 g 2nd Ward ® 2nd Ward Addition 3 30,037 47.86 ""1Nar° 3rd Ward ® 3rd Ward Addition �a +37 4 29,936 -53.14 6=-+ssN 2nd 4th Ward � 4th Ward Addition 5 29,955 -34.14 „'wrrn 5th Ward ® 5th Ward Addition 6 30,044 54.86 3-+48 1=-76 p7� 6th Ward 6th Ward Addition 7 30,026 36.86 w mrd- - 7th Ward ® 7th Ward Addition Optimal Pop=29989.14 18 0 A m C U 2 5 QQ Pr C9 4 18 w Z0 io, TMs y 9 w l wMA SHA RLI a G 30TH S M 1 C v 5 HIGHLAND VE ,>_ z o C1 I Z I is w m 3 Q BASELINE RD ar 9TH ST 6 6 0 66 FOOTHILL BLVD w 0 a a RIALTO AVE < C4 1 d MERRILL AVE i E j t 2 r SAN BE NARDINOA E ORA, GE SAN BERNARDINO AVE > f •v_v VALLEY x LLL C • f OGO N a A w OI N Q O Author: Ruth Parish, IT Dept, Printed:6127/2012,1:49:56 PM, PalhjA MXDs\Wards\Redistricting\Final Proposals\County Data-Wards-ProposalC-circles-8x11 City of I Bernardino Council�. Wards ` Proposal C Packet Pg. 165 Proposal C Narrative Description of Affected Areas Cl. The boundary clarification moves a portion of Ward 6 that extends east of I-215 into Ward 2.The area has a population of 37 people. C2. This recommended boundary clarification shifts a small portion of Ward 7 that extends north of State Route 210 into Ward 4. A population of 10 persons is affected by this shift. rn c C3. This proposed adjustment shifts an area along the Santa Ana River Wash from Ward 1 to Ward 3,transferring a population of 461 people. a d C4. This suggested modification moves an area with a population of 24 east of t-215 from Ward 3 to Ward 1. 3 C5. This potential revision moves a section of Ward 6 at its southeastern boundary 0 transferring a population of 282 to Ward 3. d C6. This proposed change shifts a population of 722 persons along G and H Streets from Ward 7 to Ward 2. a C7. This recommended revision shifts a population of 205 people from Ward 5 to Ward 7 a where Kendall Avenue intersects E Street. o m C8. This suggested revision shifts a section of Ward 5 below Northpark Boulevard transferring a population of 577 people to Ward 4. L `m C9. This proposed adjustment moves a portion of Ward 5 at its northeastern boundary z 3 transferring a population of 848 to Ward 4. ci N 0 a 0 a` c a E t u A a - Packet:Pg.:166 Proposal Summary Ward 6.C.IS Ward Po ulation Difference Redistricting Ward Redistricting Legend sm wera 1 29,993 3.86 5=-1s Key 1st Ward ® 1st Ward Addition et'Ma 2 30,029 39.86 ° ='S3 2nd Ward ® 2nd Ward Additior 3 30,099 109.86 vm wa`e$. _ 3rd Ward ® 3rd Ward Additior 4 29,936 -53.14 6=-a7�z ao 4th Ward 4th Ward Additior 5 29,974 -15.14 stn Ward ® 5th Ward Additior 6 29,902 -87.14 '.3=+110-- 1=+4 6th Ward ® 6th Ward Additior 7 29,991 1.86 wa°dam — 7th Ward V1 7th Ward Additior Optimal Pop=29989.14 a A , C 2 s v D 18 w yo rs 4 rn PA I r N G j 48TH S N t D6 U J l a 1 u�i 3 d J j Q In MA BHA BL_ `90TH ST r r' D5 y HIGHLAND VE > G < Di i 16TH T{{7"�'.. o - z r w w 18TH T't.... D4 QBA5ELINE RD 6 > i D3 K i u q C 66 FOOTHILL BLVD 4 _ 2 RIALTO AVE w E MERRILLAVE W ¢ Q E C V SAN BE NARDINOA E w RA �.. SAN BERNARDINO AVE VA EY B f US A E RFDI AN' i U r SLOVERAVE LL y 2 CIT ,zA A u F 0 Author: Ruth Parish, IT Dept, Printed: 6/272012,1:51'.14 PM,Path'.I'.\_MXDs\Wards\Redistricting\Final Proposals\County Data-Wards-Proposal D-circles-8x11 Bernardino City of San Wards Council Redistricting lwtw�61)�p r---4 - Proposal D PacketPg. 167s Proposal D Narrative Description of Affected Areas DI. The boundary clarification moves a portion of Ward 6 that extends east of I-215 into Ward 2.The area has a population of 37 people. D2. This recommended boundary clarification shifts a small portion of Ward 7 that extends north of State Route 210 into Ward 4. A population of 10 persons is affected by this shift. s c D3. This change squares off the boundary between Ward 6 and 3 transferring a population of 778 to Ward 3. D4. This modification moves an area with a population of 354 at the northern tip of Ward 1 to � Ward 6. D5. This revision moves a section of Ward 7 at its northwestern boundary shifting a ° m population of 738 persons to Ward 2. d D6. This suggested revision shifts a section of Ward 5 below Northpark Boulevard M transferring a population of 577 people to Ward 4. a D7. This proposed adjustment moves a portion of Ward 5 at its northeastern boundary a transferring a population of 848 to Ward 4. o D8. This recommended boundary clarification shifts a small portion of Ward 1 that extends south of Orange Show Road into Ward 3. A population of 3 persons is affected by this shift. z 3 0 m N O 6 O a` c v E s u n Q PacketPg..168.