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HomeMy WebLinkAbout06.D- Community Development DOC ID: 18051 CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION Public Hearing From: Margo Wheeler M/CC Meeting Date: 07/16/2012 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; Item Continued to July 2, 2012; Item Continued to July 16,2012.) 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. OR Motion 3: Close the hearing; approve the ward boundaries reflected in Proposal E,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 July 2, 2012,the Mayor and Common Council asked staff to present an additional option. 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. Updated: 7/12/2012 by Linda Sutherland I Packet Pg. 57 1805 ^, On May 7, 2012,the public hearing was opened and continued to May 21, 2012. `J 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. 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 i 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." I 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. Updated:7/12/2012 by Linda Sutherland I 1805 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 i 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. 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. Updated:7/12/2012 by Linda Sutherland I Packet Pg. 59 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. In preparing the new option, a mapping error was discovered with regard to Ward 7. This error has been corrected for Option E. Supporting Documents: City Atty Memo 12-014 (PDF) Proposals A,C,D and E W-Narratives (PDF) O Updated: 7/12/2012 by Linda Sutherland I packetPg. 60 6.D.a �£RNARUF'Ib P? C ® v9 p e M O ' 2 RFD IN j0`o INTER OFFICE MEMORANDUM OFFICE OF THE CITY ATTORNEY CITY OF SAN BERNARDINO LEGAL MEMO NO. 12-014 a C .0 N TO: James Graham,Assistant to the City Manager a FROM: Stephanie D. Easla -1 Senior Assistant City Attorney o rn DATE: March 26,2012 c R RE: LEGAL PROCESS FOR REVISIIVG WARD BOUNDARIES/REDISTRICTING —° a CC: James F. Penman, City Attorney; Andrea Travis-Miller,Assistant City Manager a 0 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 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 local jurisdictions such as the City of San Bernardino, 2 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. 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: a 1. The San Bernardino City Charter, Section 3; 2. The California Elections Code; and s 3. Federal constitutional and statutory requirements, mainly the Equal Protection,T Clause of the Fourteenth Amendment of the U.S. Constitution and the Federal s Voting Rights Act(42USC§1973), as interpreted by case law. n r 6 > 1 .ri 4 F:IEASLAND\Cip•ManagerUames Graham.memo.wpd t Packet Pg. 61 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 C 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: 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 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 of the 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. 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 should be drawn so that members of the group can elect representatives of their choice. a As to the legal process for charter cities adopting revised ward boundaries,Elections Code §21620.1 provides: 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 ° 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 F-EASLAND\City MmagerVames Graham.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. U N_ d A O w C t6 N Z U 3 a N O G7 V O N r O E d Q U c m E t U RS Q FAEASLAND\City Mmager\l mes Graham.memompd 3 Packet Pg. 63 N 6.D.b A Ward Redistricting Legend Redis ric ing Wartl _ � .. 1st Ward = 1st Ward Addition 5--1102 ^'h a0° _' rN'° K+16 2nd Ward ® 2nd Ward Addition 3rd Ward 3rd Ward Addition 0artlIr --n 7=+2 L 4th Ward 4th Ward Addition 1 6=-67 2=-14 5th Ward 5th Ward Addition 3=+1G76'Wartl 6th Ward 6th Ward Addition 1=+7 3rd wam " 7th Ward 77 7th Ward Addition Proposal Summary a go= Ward I Population Differen .` t 1 29,996 6. n Q 2 29,843 -146. I I a _- a stn Ward - i 3 30,096 106. 18 4th Ward 4 30,005 15. ° �s4 5 30,091 101. `o RAa ax 6 29,902 -87. rn "' Q .�48TH5 C a • , •, _ 71 29,991 1. � z aorH Sr w Optimal Pop=29989.14 = o iAh6, a u_ o F OT __ 330 7th f O O i R A Ward 30TH ST 5 O MAR HAL BWD w } w t 10 rI -, Az At U o ) NT OR � �.. 59 HIGHLAND VE s� �. t+` 210 e Z i Al w Wald z CI L { 6th w < 8 Ward z s�H s > yBASELINE RD ¢ Q ° " A - Q Q m fp ii rc ��� - z w G z > a _ _�� > 9TH ST Q 70� rc w ..,__. r ! 6T W w _a A ST __.� -- I g 9L y 5TH STr 6• FOOTHILL BLVD '— ! i 3RD ST a' ! 2ND ST Q M TO AVE RIALTO AVE y F > K f H t9 w o w a 1st Ward - 210 w U MERRI LLAVE - Q w M LL ST _ ` 'A i Q i 4 N P p Q CENTRALA - ro O A O \SAN BE INARDINO A E ORANGE HOW RD - SAN BERNARDINO AVE p 0r 3rd d VALLEY BL Ward 1 FA A LSTON T LUGONIAA E w 1 - REDLANDS E SLOVER EA O w V W LL W M A R Q i CIT Sr Q m U JU A = BARYON RD m O O Author. Ruth Parish, IT Dept, Printed:7/9/2012,4:57:28 PM,Path:l:\ MXDs\Wards\Redistricting\Final Proposals\CountyData-Wards-ProposalA-Bxl l.mxd City of San Bernardino C i Oki--D') Council Wards Redistric ing Proposal A 7 Pg. 64 6.D.b 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. rn 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. Y A3. This change squares off the boundary between Ward 6 and 3 transferring a population of 778 to Ward 3. v R 3 A4. This modification moves an area with a population of 354 at the northern tip of Ward 1 to 0 Ward 6. m A5. This revision moves a section of Ward 7 at its northwestern boundary shifting a = population of 738 persons to Ward 2. a L A6. This proposed adjustment shifts a population of 281 people below Northpark Boulevard c from Ward 5 to Ward 4. 0 AT This recommended revision shifts 1,213 people from a section above Northpark Boulevard from Ward 5 to Ward 4. d R Z W C m U Q _N N 0 Q EL` C d E U R a Packet Pg. 65 Proposal C Summary j: '? Ward Ward Population Difference \� s , districting Ward Redistricting Le 9 en ti 1 29,913 -76.14 ' $ t ' ^'"'"'° y 1 st Ward 1 st Ward Addition I��nwzd s=aa �� ,_ Ke 2 30,013 23.86 ,� 2nd Ward 2nd Ward Addition 3 30,037 47.86 — J �a 3rd Ward ® 3rd Ward Addition r, i '1,7=+37 F'. ! - 4 29,936 -53.14 r N ^awa,o `1 `t Y � 4th Ward 4th Ward Addition 16=-+55 2=+24 '-I a -- -i 5 29,955 34.14 ,�,Ward 5th Ward ® 5th Ward Addition 61 30,0441 54.86 �3=+as 6th Ward ® 6th Ward Addition 7 30,026 36.86 7th Ward ® 7th ward Addition Optimal Pop=29989.14 rn 18 v _._..._'.? N Ok _ � y F tM 1 r g s r 18 a� O PAR ... ,j r ,_ 8TH 6 M� 7 _ a c a �, _ � •+,�• _ 40TH ST a to N o i 3 °D I J' NMA SHA LBL IM) N a 30TH ST 1:+.....I 1 y.t1,..7., +_.-_. 2 Y >Y HIGHLAND• VE r z t y Lu W W Q Q BASELINE RD ¢ I_ - — M W Q > a 9TH 5T Q �O a F a 6 FOOTHILL BLVD w N Q- M 2 W RIALTO AVE Q r f s r¢ •t¢ i d O C4 C w f L6T w MERRILLAVE r i O °K C 5 W<'St A L L SAN BERNARDINO AVE > f a• 4 VALLEYB ` ✓ --�--- w C3 • A Q r AV w W 0 N W ¢ A A U W CI o r `hor- Ruth Parish, IT Dept, Printed:6/27/2012,1:49:56 PM, Path:l:\ MXDs\Wards\Redistricting\Final Proposals\CountyData-Wards-ProposalC-circles-8x11 City of I Bernardino Council Wards Redistricting - Proposal Packet Pg. 66 QProposal 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. rn 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. N a 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. v m C4. This suggested modification moves an area with a population of 24 east of I-215 from o Ward 3 to Ward 1. m C5. This potential revision moves a section of Ward 6 at its southeastern boundary = transferring a population of 282 to Ward 3. 2 .n C6. This proposed change shifts a population of 722 persons along G and H Streets from a Ward 7 to Ward 2. O CO ° C7. This recommended revision shifts a population of 205 people from Ward 5 to Ward 7 where Kendall Avenue intersects E Street. C8. This suggested revision shifts a section of Ward 5 below Northpark Boulevard transferring a population of 577 people to Ward 4. z w C9. This proposed adjustment moves a portion of Ward 5 at its northeastern boundary o transferring a population of 848 to Ward 4. m 0 t a N N O O O a c d E U U R Q Packet Pg.67 A Ward Redistricting Legend 5th s warn Redistricting 1st Ward 1st Ward Addition 5=.171 4wwa`,i K^'" mn wam, __ 2nd Ward f" 2nd Ward Addition 3rd Ward 3rd Ward Addition F7=+2 -- " w 4th Ward 4th Ward Addition s=-s7 z"c am 2=-1q 5th Ward 5th Ward Addition 11 """r° - ,� 6th Ward 6th Ward Addition [ a 7th Ward ,� 7th Ward Addition v� LJ Proposal Summary c a� Ward Population I Differer 1 29,993 3 P 2 29,843 -146 5th Ward o , I__.i 3 30099 109 - D .0 -- ._ m C s 18 4th ward 4 29,936 -53 3 ZO iY� ' n i Q'APAa �.; �..--------',. .---.._._..!: 5 30,160 170 0 a �� i 48TH S t—; 6 29,902 -87 c 7 29,991 1 .0 I z 40TH ST w' -�: Optimal Pop=29989714 = OJ D8; a O Y 7th 1._i✓ w F — L.1. Y f o ---I 330 OR 7 a w y y D Ward j :' w'IM R HAL BLVD�.�,__-,._..„_,I Q 30TH ST LIJ p L :T • NTD { CO t R r 6 3 HIGHLAND VE c.. ♦�'t w 270 76th F Dl i, z ward z ' -._. > B CI z sfk, BASELINE RD ¢ O D4 rc i W G z >_ a > 9TH ST K ¢ �O o: LL D 5TH ST 6T ST > i �9L LV FOOTHILL BLVD :�� b' G 3ftO ST ^•'+ TO AVE 2ND ST Q RIALTO AVE F y O It o w > 1st Ward r 10 w U MERRILLAVE - ¢ m 2 MILL ST - fA a Q x O f z N PJ 30 Q CENTRALAyE l m O N `SAN BE NAROINOA E ORANGE SAN BERNARDINO AVE p 0v rd .e r d VA Ev Ward ' LS70N T LUGONIAA E c r FA A D t 01 RED E AVE w U W LL w m A R U z CIT SI Q W c a M U JU A Y z BARTON RD W O O Author: Ruth Parish, IT Dept, Printed: 7/9/2012,3:55:47 PM, Path:]:\ MXDs\Wards\Redistricting\Final Proposals\CountyData-Wards-ProposalD-8x11.mxd N � 1 dr e!;�:y�� / • � � � � • Packet Pg.68 i 6.D.b pProposal D Narrative Description of Affected Areas Dl. 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. rn 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. N_ D3. This change squares off the boundary between Ward 6 and 3 transferring a population of 778 to Ward 3. v D4. This modification moves an area with a population of 354 at the northern tip of Ward 1 to 0 Ward 6. D5. This revision moves a section of Ward 7 at its northwestern boundary shifting a i population of 738 persons to Ward 2. 3 D6. This suggested revision shifts a section of Ward 5 below Northpark Boulevard a a transferring a population of 577 people to Ward 4. N 0 D7. This proposed adjustment moves a portion of Ward 5 at its northeastern boundary transferring a population of 848 to Ward 4. m 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. ? 3 w v c m O U Q N N O C O a c m E t U a O Packet Pg. 69 A Ward Redistricting Legend edis r cling s 1st Ward 1st Ward Addition K--- 2nd _ _- 2nd Ward 2nd Ward Addition --ss - _3rd Ward ® 3rd Ward Addition "a`aq �""T�+131 4th Ward 4th Ward Addition -o 5th Ward ® 5th Ward Addition 6th Ward 6th Ward Addition 1=-100 7th Ward ® 7th Ward Addition p — n Proposal Summary c �0 Wit-- Ward Po ulation Differer .` 1 29,889 -100 Q a 2 29,919 -70 d QP `_rJ� �j r stn Ward ----1 —i 3 30,061 71 v e8 18 4th Ward 4 29,936 60, oq��oRG PARY`� ;rm+l..r -----�.-------� 5 29,955 56, e -- 6 30,044 54 rn 7 30,120 -74 2 P . 4arX s I �,-,.. 46TH ST ' w i_________ Optimal Pop=29989.14 = O E 'a U 11 m FOOT _ _ d / o 30 7th ° `?' R d ES Ward o WAR HAL BIND' ----, a O 30TH S I In u�i 210 -'n _i .- E2 AI o NTD d ° 59 1° 3 HIGHLAND VE r tl, R ward V a �y -_ d ° T,9. 7 T w < E1- m CI I Sl'1 . Y JJ G O 16TH S a L.¢ > •__ -a � n3 p rc z w G 2 > a .l > 9TH ST u a 6T ST H' > Q W FOOTHILL BLVD 57X5 u F a 6 -----_ < 3RD ST 2ND ST RIALTO AVE TO AVE Q u. N ~ > y E4 u U o w a let and 10 w U MERRILLAVE H MILL ST w C Q ..• Z p Qw CENTRAL g Q M O NARDINO E 1G N w ORANGE SAN BERNARDINO AVE p 0" a 3rd'; I .o . a VALLEY B s Ward LS T r LUGONIAA E C r FAIR E3 r N R E SL VERAVE w V w a L w N HAR u i CIT S, Q a c J r m JURUPAAVE i BARTON RD m w Author: Ruth Parish, IT Dept, Printed:7/12/2012,3:59:30 PM, Path:C:\Users\torrence_ma\Desktop\REDISTRICTING\CountyData-Wards-Proposal E-Bx11.n I — Packet Pg. 70 6.D.b Proposal E Narrative Description of Affected Areas El. 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. U E2. 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. a m o! E3. This proposed adjustment shifts an area along the Santa Ana River Wash from Ward 1 toWard 3,transferring a population of 461 people. 3: 0 w rn E4. This potential revision moves a section of Ward 6 at its southeastern boundary transferring a population of 282 to Ward 3. U E5. This proposed change shifts a population of 628 persons along G and H Streets from Ward 7 to Ward 2. a a E7. This suggested revision shifts a section of Ward 5 below Northpark Boulevard transferring a population of 577 people to Ward 4. N d E8. This proposed adjustment moves a portion of Ward 5 at its northeastern boundary transferring a population of 962 to Ward 4. z w C M a U Q h 0 O O O a c m E U v R Q Packet Pg. 71