75C - PH WARD BOUNDARIES #1 - Laserfiche WebLink

Home Browse Search

Public Hearing: Ward Re -Boundary September 4, 2018 Page 2 Staff has hired the firm of Redistricting Partners to assist the City in conducting the community meetings and public hearings and preparing the maps for consideration that will comply with the Federal and California law, including, but not limited to, the CVRA. Also, the firm ESRI will provide a web -based platform for residents to review proposed maps and engage the community throughout the process. Background The City of Santa Ana received a certified letter on March 14, 2018 from Asian Americans Advancing Justice threatening litigation under the CVRA if the City does not change to By -Ward Elections. The letter asserts that the City's current practice of nominating by Ward and electing at - large dilutes the ability of Asians (a protected class) to elect candidates of their choice or otherwise influence the outcome of Santa Ana's council elections. Below is information about the California Voting Rights Act (CVRA) and the provisions in the City Charter as related. The CVRA was signed into law in 2002. The CVRA prohibits an at -large method of election that impairs the ability of a protected class to elect candidates of its choice or its ability to influence the outcome of an election. The law's intent is to expand protections against vote dilution over those provided by the Federal Voting Rights Act of 1965 (FVRA). The law was also motivated, in part, by the lack of success by plaintiffs in California in lawsuits challenging at -large electoral systems brought under the FVRA. The passage of the CVRA made it much easier for plaintiffs to prevail in lawsuits against public entities that elected their members to its governing body through "at -large" elections. A plaintiff need only prove the existence of "racially polarized voting" to establish liability under the CVRA. Proof of intent on the part of voters or elected officials to discriminate against a protected class is not required. California Voter Rights Act Reform (AB 350), a "Safe Harbor" On September 28, 2016, the Governor signed AB 350 into law, codified as Elections Code section 10010 (effective on January 1, 2017). The legislation attempts to provide a "safe harbor" from CVRA litigation for cities. If a city receives a demand letter, such as in Santa Ana's case, the city is given 45 days of protection from litigation to assess its situation. With respect to the re -boundary process, the City Charter provides that census data be analyzed to account for shifts and changes in the population. According to the 2010 Census, Santa Ana's population was 324,528, a decrease of more than 13,400 residents from the 2000 Census. The population shifts within each Ward were significant enough that required new boundary lines to be redrawn. The City Council approved the existing Ward Map boundaries in January of 2012, Exhibit 2 and 3. This proposed re -boundary process is categorically exempt from the California Environmental Quality Act ("CEQA") 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. 75C-2