75B - PH - WARD REBOUNDARY - Laserfiche WebLink

Home Browse Search

Public Hearing: Ward Re -Boundary May 1, 2018 Page 2 Staff is recommending that the City Council adopt the attached Resolution of Intention to transition from at -large to By -Ward Elections in accordance with California Election Code 10010(e)(3)(A), which limits a local agency's exposure to attorney's fees for alleged CVRA violations. Resolution approval requires a majority vote, Exhibit 1. The Resolution of Intention to modify the Ward Boundaries is also attached hereto, Exhibit 2. The City's Charter requires that a resolution be approved and published in a paper of general circulation prior to adoption of Ward Boundaries and be adopted by a majority vote. The Public Hearings scheduled on May 1, May 3, May 15, and May 19, 2018 are required pursuant to Elections Code Section 10010. Staff has scheduled two Hearings to receive input from the community about their ideas for potential "communities of interest" and to provide criteria for mapping of new Ward boundaries. The culmination of these two Hearings will result in the development of proposed new Ward map(s) for consideration at the subsequent Hearings scheduled on May 15 and May 19. The Hearing on June 5, 2018 will be for the City Council to consider adoption of ordinance setting new Ward boundaries. A timeline of events is attached as reference in Exhibit 3. The City Charter requires new Ward Boundary Map to be approved by a 2/3 affirmative vote and at least 120 days before an election, which is July 5, 2018. Staff has hired the firm of Redistricting Partners to assist the City in conducting the public outreach effort 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 75B-2