75B - PH WARD BOUNDARIES - Laserfiche WebLink

Home Browse Search

Public Hearing: Amend Council Ward Boundaries May 15, 2018 Page 2 of 3 Under the City Charter, an ordinance adjusting ward boundaries must be approved by a 2/3 affirmative vote requirement and be adopted no later than 120 days before an election in order to be effective for that election. While the City Charter limits ward boundary adjustments as needed to ensure equality of population among the wards, the resolution of intention to adjust the boundaries adopted by the City Council on May 1, 2018 recognized the need to comply with the California Voting Rights Act, which applies to both general law and charter cities. This proposed re -boundary process is categorically exempt from the California Environmental Quality Act ("CEQK) pursuant to Section 15320 – Class 20 (Changes in Organization of Local Agencies) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, since it involves a proposed reorganization of the City Council Wards and does not change the geographical area in which previously existing powers are exercised. Re -boundary Standards When deciding upon a proposed map, the City Council must keep in mind certain standards in order to comply with the applicable laws. The following are mandatory for any proposed map: The Wards must be as nearly equal in population as may be (Elections Code § 21601). Exact equality of population is not required for the Wards, but they should strive to create Wards that have a total population deviation of no more than 10% between their most heavily populated Ward and the least populated Wards. Gaffney v. Cummings, 412 U.S. 772 (1973). Current Councilmembers shall not lose their current seat or allow a term limit reset for members that have served three consecutive terms of four -years each. The City Council may also rely upon the following "traditional' re -boundary factors when deciding upon a map pursuant to Election Code §21601: Cohesiveness, continuity, integrity, and compactness of territory Community of interest Topography and geography Finally, the following are additional criteria which are also acceptable to consider: • Traditional boundaries • Preservation of core of prior Wards • Race may be a factor considered in establishing the districts, but it may not be the predominant motivating factor in creating the districts. Miller v. Johnson, 515 U. S. 900, 916 (1995). Race is a predominant factor if the legislature "subordinate[s]" other factors—compactness, respect for political subdivisions, partisan advantage, what have you—to 'racial considerations." Id. 75B-2