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HomeMy WebLinkAbout05.C- City Clerk 5.0 DOC ID: 1683 A CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION Public Hearing From: Georgeann"Gigi" Hanna M/CC Meeting Date: 04/02/2012 Prepared by: Georgeann"Gigi" Hanna, Dept: City Clerk Review Ward(s): All Subject: Set Public Hearing for Ward Redistricting Within the City of San Bernardino Financial Impact: There will be no financial impact Motion: Set Public Hearing for April 16, 2012, at 4:00 P.M. in the Council Chambers to Consider Options for City Ward Redistricting within the City of San Bernardino. Synopsis of Previous Council Action: On June 6, 2011, the Mayor and Common Council establish 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 Farce be referred to Mayor and Common Council. 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 Cthe following timeline: Updated: 3/28/2012 by Georgeann"Gigi"Hanna A 1683 April 2,2012: Set date for public hearing �+ April 16,2012: 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." 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. Updated:3/28/2012 by Georgeann"Gigi"Hanna A 1683 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 F1 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. Supporting Documents: Current Wards(PDF) Proposal A (PDF) Updated: 3/28/2012 by Georgeann"Gigi"Hanna A PackeYPg.43 1683 Proposal B (PDF) cProposal C (PDF) CityAttomeyMemol2-014 (PDF) Updated:3/28/2012 by Georgeann"Gigi"Hanna A Population Summary ry Ward Population Difference n Ward Redistricting L 1 30350 361 ,V 1st Ward 2 29254 -735 2nd Ward 3 29318 -671 did Ward 4 28501 -1488 4th Ward 5 31585 1596 5th Ward 6 30363 374 6th Ward 7 30553 564 7th Ward Optimal Pop-29989.14 13 173 G 189 18 A i rZ� s i 5. 1s ` 4p o a m c FOR PA0. I` 49TH 3 � J�- P J n 49TH P° Y, o mMA 9XA LBL - -^ m Q JOTX BT n 210 w" I 25 XIGHLANOAVE t OI 6 NASELIHE RD z w m w y w C c FI �t 2 b. FO°1HILL BLVD __ M RIALTO AVE 6 6 / F MERRILLAVE m t 3 N r :I °? w a �SANBE NANDINO I NGE H BAN BERNARDINO AVE •B 9 E B N 1 1 A 6 R In SA u JURU RAVE c S A—M IN RD m o n a U 3 ° D p Author:Ruth Panery li napt 1-1.4 2 1120120012r PM,Ptlhl]M%oa\WarJNPetlla4itllnp lFlnelPmpoaa1,\C... a,t,WaNa Cunenl-11a17.—d Proposal A Summary I S.C.D Ward Population Difference Ward Redistricting Legend 1 29,996 6.86 tit ward 1st Ward Addition 2 30,029 39.86 2nd Ward®2nd ward Amninn 3 30,096 106.66 3rd Wad 3rd Ward Addition 4 29,995 5.86 _ _ 4m Wad Ain Ward Addition 5 29,905 -84.14 5m Wad ®stn Wad Addition 6 29,902 -87.14 -- an Wad an Wad Addition 7 30,001 11.86 'nn Wad nn Wad Addition Optimal Pop=29989.14 138 173 0 18 18 P 4 W� W Q' t A W i TH S n to t A> \. to �. 1 4TH ST Q D. Po in on 330 - Ti L I MA SHA LB- W tg -_ do 26 HIGHIANOAVE 10 0 m A2 pe BASELINE RO < O m °c /�as aTx BT > r r 6 8 FOOTHILL BLVD • i ��0000.. t - E j H RIALTO AVE he .r MERRILLAVE m �/• r a ^I 1 O w ed _ 3`m O `SAN BE Wpendid E w ORANGE H Wad!) �._. SAN BERNARDINO AVE q EY • O t 1 S y CR P O yEm i BARYON RD W n a z u 3 a a a Ammo[Ruth Pi IT Dept.Ptlnmd'.pirsui 01 36 PM.inch II_M%ns\WndsipedHlnainpinere Prcnoancaunrymme-Wrdiioa•iaa l,¢mm A City of San Bernardino Council Wards Redistricting v It Proposal Packet Pg.46 QProposal 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. rn A4 This change squares off the boundary between Ward 6 and 3 transferring a population of m 778 to Ward 3 and simplifying their boundaries. _ u n AS This modification moves an area with a population of 354 at the northern tip of Ward 1 to a' Ward 6. u 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 a Ward 4. w 0 a 0 a` c d E s U N a PacketPg: 47 Proposal B Summary N S.C.c Wartl PO ulation Difference A Ward Redistricting Legen 1 29,913 -76.14 . 1st Ward 1st Wartl Aediti0n 2 30,013 23.86 2nd Ward®2nd Ward Addition 3 30,037 47.86 3rd Ward ®3rd Ward Addition 4m Ward 4th Ward Addition 5 29,975 -14.14 5th Ward ®Sth Wartl Addition 6 30,044 54.86 7 30,026 3fi.86 6m Ward 6th Wartl Addition Optlmal Pap=29989.14 7th Ward 7th Wartl Addition 138 E 173 c 18 18 0 1 18 Pp c m "# O 48TH 5 _ 1 S BS 1 30 - Im MA BHA - `.30TH ST a[ 1 B3 is N 4 01 HIGNlANO1 AVE r. _ \R/ m 10 ro 8 z Q B2 _ ar BASELINE RD 6 w 9TX ST 6 y ♦ 6. FOOTHILL BLVD f u RIALTDAVE a BS \ < t w Bfi I 3" t B MERNLLAVE f 1 ILL BT �AQ CENTRAL m 8 O+ 3 SAN BE XAROIHOA E ORA1 E BAX BERIUROINOAVE 4 ♦ 11G A in 1 1 o p 0 i p R D K 6 - AV m BARTON RD W a° x u S hIMr:PUIO Vane T,ITpepl,PrinlM'.21.2.1 3,l 1.' IPM,Pill,I'1MX0,%WerdrRedulritlmp6ovl PmpoBe le lDOUOly0818.W,rde.Pml,,,sp.11,11.,d :,NAPN® 1 1 Iz P9.48 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 small portion of Ward 7 that extends north of State Route 210 into Ward 4. m c B4 This change shifts an area along the Santa Ana River wash from Ward 1 to Ward 3 transferring a population of 461. _ u M B5 This modification moves an area with a population of 24 east of 1-215 from Ward 3 to Ward a' 1. c U 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. M W B8 A population of 205 is moved from Ward 5 to Ward 7 where Kendall Avenue intersects E Street. m N 0 B9 This revision shifts a section of Ward 5 at its northeastern boundary transferring a o population of 1405 to Ward 4. 0. c E E r U N Q Packet Pg.49 Proposal c summary N Ward Redistricting Legen s.C.d War Po lation Difference n 1 29913 -76.14 N �.lst wara..VZ�tst wary nadition 2 30,013 23.86 2nd Wad 2nd ward Addition 3 30,037 47.86 3rd Ward 3rd Wam Addition 4 29,936 -53.14 4th Ward 4th ward Addition 5 29,955 -34.14 6th Ward 5th Wam Addition 6 30,044 54.8fi stn wind 6th Mrd Addition 7 30,026 36.88 li _ 7th Ward 7th Ward Addition Optlmal POp=29969.14 13 173 6 189 18 i i° y� c1 1 i nIV . 18 j}( PA uTH S. 2 �yf r C9 t..1 = �... _ TN ° a w C6 IT 330 ti B BHA l N � � L m w ,JOTH ST mMA Y u F 10 C9A, i a N I ...NDAVE 210 < _ m Q C T-.r V 1BASELINE RD 2 ¢ a o m w n 8TH 9T Z b. FOOTHILL BLVD � u RIALTO AVE MERRILLAVE 0 JC6 ST f� m 1 w m 6 HIM � O LA 3 SANOE NARD1 0 E ORAI GE SAN BERNARDINO AVE q r V EYe C4 • G AE 1 1 Q AR CO A JU PAAVEn i BARYON RD m o ri a x V 3 D AUmor:Fl.Pen.h.IT D.I,1-1..JIV20121OP.51 PIT Pith A M%Ce\WeNtlnedlslrldl 11-1 1.11 Xd City of / Bernardino Council Wards Redistricting Proposal 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. m C4 This change shifts an area along the Santa Ana River wash from Ward 1 to Ward 3 transferring a population of 461. a C5 This modification moves an area with a population of 24 east of 1-215 from Ward 3 to Ward a' 1. c u C6 This revision moves a section of Ward 6 at its southeastern boundary transferring a 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. M W C8 A population of 205 is moved from Ward 5 to Ward 7 where Kendall Avenue intersects E Street. u m N O C9 This revision shifts a section of Ward 5 below Northpark Boulevard transferring a o population of 577 to Ward 4. a c m C10 This revision moves a portion of Ward 5 at its northeastern boundary transferring a r population of 848 to Ward 4. U a Packet Pg. St S.C.e fpN1RU�'Ib p? C O # a OG��£D IN 10 INTER OFFICE MEMORANDUM OFFICE OF THE CITY ATTORNEY CITY OF SAN BERNARDINO LEGAL MEMO NO. 12-014 rn C y TO: James Graham, Assistant to the City Manager o a FROM: Stephanie D. EaslaMtSEI o Senior Assistant City Attorney `- U DATE: March 26,2012 v RE: LEGAL PROCESSFORREVISING WARD BOUNDARIES/REDISTRICTING y CC: James F. Penman, City Attorney;JAndrea Travis-Miller,Assistant City Manager o 0 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 E 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 d be nearly equal intheirtotal populations.For locaIjurisdictions such asthe Cityof San Bernardino, o relatively minor deviations from mathematical equality are constitutionally permissible as long as a 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. c v The City of San Bernardino is required to redraw ward boundaries to balance the population E 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 Clause of the Fourteenth Amendment of the U.S. Constitution and the Federal a Voting Rights Act(42USC§1973),as interpreted by case law. n � T F TASt.AND1City MmagetJemn Graham.memo.wpd I (� 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 m Section 21620 ofthe CaliforniaElections 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: .2 a After the initial establishment of the districts, the districts shall m 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 N the city, according to the federal mid-decade census. The districts v shall comply with the applicable provisions of the Federal Voting Rights Act of 1965, Section 1973 of Title 42 of the United States w Code,as amended,in establishing the boundaries ofthe 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 o districts. A 0 E 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 `o should be drawn so that members of the group can elect representatives of their choice. T U 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 F1EASLANn1City ManWrV mes Gnham.memompd 2 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 x U a a rn c U N q d n M W O N O E v T N C O a _T U c m E z U A Q FIEASLAND\City MemgeNw"Graham.memowpd 3 PeGk¢t P9. 54