75B - PH - WARD REBOUNDARY - Laserfiche WebLink

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Public Hearing: Ward Re -Boundary May 1, 2018 Page 3 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. If within that 45 days, a city adopts a resolution declaring the Council's intent to transition from at -large to By -Ward Elections, outlining specific steps to be undertaken to facilitate the transition, and estimating a time frame for action, then a potential plaintiff is prohibited from filing a CVRA action for an additional 90 day period. Thus, the legislation provides time for the City to assess and implement a transition to a By -Ward Election system before a lawsuit may be filed. The legislation sets forth a number of steps a city must take in the effort to assess and transition to a Ward based election system, including four (4) public hearings. Under AB 350, a city's liability is capped at $30,000 if it follows this process after receiving a threat, and the plaintiff must show financial documentation that these costs were actually incurred. While AB 350 contemplates that a city will transition to by -district (Ward) elections by way of an ordinance, Santa Ana must make that transition via an amendment to the City Charter, which can only be accomplished by a vote of the electors of the City. 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 4 and 5. 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. What is Re -boundary and why do it? Re -boundary is the redrawing or adjusting of Ward lines to ensure that legislative representation is fair and balanced. It is done every ten years, after the census data is compiled, to account for population shifts and growth over the last decade. The purpose is to bring Wards back into compliance with equal population representation. The number of Wards in the City are to remain the same. 75B-3