HomeMy WebLinkAboutCC AG PKT 2001-06-25 Supplemental Information - Redistricting ProcessMemorandum
To: City Council Redistricting Sub- Committee QQ� )
From: Lee Whittenberg, Director of Developmental Servic7j//[i1/
CC: Joame Yeo, City Clerk //
John Bahorski, City Manager
Quinn Barrow, City Attorney
Date: June 13, 2001
Subject: REDISTRICTING PROCESS
Staff and the Sub - Committee met on June 7, 2001 to review the redistricting process and
determine further actions. It was the determination of the Sub - Committee to request an
opinion from the City Attorney as to the acceptability of the existing council district
boundaries based on the 2000 Census results. The consensus of the Sub - Committee was that
if the existing population differences are acceptable, there is no need to revise the district
boundaries.
Provided as Attachment 1 to this Memo is a report from the City Attorney indicating that
Neither the Charter or nor state law requires districts to be equal in population. All that is
required is that they are 'nearly equal' in population considering a number offactors."
Based on this information from the City Attorney and the direction of the Sub - Committee,
staff would recommend the Sub - Committee concur with the following recommendations:
Instruct Staff to prepare a City Council Staff Report for the June 25 City Council meeting
indicating the Sub - Committee has met and determined there is no necessity to revise the
current City Council district boundaries for the following reasons:
❑ The current City Council district boundaries are nearly equal in population when
considering the following factors:
❑ Topography
❑ Geography
• Cohesiveness, contiguity, integrity and compactness of territory, and
• Community of interest of the districts.
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Memorandum re: City CouncilRedulrxtmgP=c s
June 12, 2001
o The current City Council districts are more "nearly equal' in population in 2000 than
they were in 1990:
o The current City Council district boundaries comply with provisions of Section 515 of
the City Charter and Section 21620 of the Elections Code of the State of California.
❑ Proposed City Council Actions:
❑ June 25,2001: Receive Sub - Committee Report.
❑ July 9, 2001: City Council public hearing to receive public input regarding proposed
ordinance to not amend the cunrent City Council district boundaries.
Concurrence:
Redistricting Sub - Committee Members
Concurrence Dated:
Attachments: (2)
Attachment 1: City Attorney E -mail dated June 7, 2001
Attachment 2: City Charter and State Election Code Provisions
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Memorandum re: City Council Redistricting Process
June 12. 2001
ATTACHMENT 1
CITY ATTORNEY E-MAIL DATED JUNE 7, 2001
Redafti mgM.2
John Bahorski
From:
Quinn M. Barrow [QBarrow @rwglaw.comj
Sent:
Thursday, June 07, 20013:48 PM
To:
John Bahorski (E -mail)
Subject:
Districts do not have to be equal in population
John:
Neither the Charter nor state law requires
districts to be equal in population. All that is required is that they are
"neatly equal" in population considering a number of factors (listed below.)
The Charter merely requires the districts to
be "constitutional, fair and logical."
California state law only requires that
districts "shall be as nearly equal in population as may be" considering the
following factors: "(1) topography, (2) geography, (3) cohesiveness,
contiguity, integrity, and compactness of territory, and (4) community of
interest of the districts." There are no reported decisions interpreting
that section. Thus, the plain language of state law controls. Districts
should be nearly equal in population, but do not have to be equal.
For ease of reference, I have included the applicable
Charter and Elections Code section.
Section 515 of the Official Charter of the City of Seal Beach provides:
"Councilmanic Districts. The five members of the City
Council shall be elected by districts the boundaries of which shall be as
defined by ordinance adopted by the City Council.
In 1980 and each 10th year thereafter, the City
Council shall appoint a committee to study and report on the advisability of
redistricting the City. Upon receipt of any such committee report, and at
any other time deemed necessary or desirable in order that the district
boundaries be in accordance with constitutional requirement, fair and
logical, the City Council may be ordinance change and redefine the
boundaries of any of all of such districts. The boundaries so defined shall
be established in such manner that the district shall, as nearly as
practicable, constitute natural areas of configuous and compact territory
and provide fair representation on the City Council. Any territory
hereafter annexed to or consolidated with the City shall, at the time of
annexation or consolidation, be added by ordinance of the City Council to an
adjacent district or districts."
Elections Cide Section 21620. If the members of the
governing body of a chartered city are nominated or elected "by districts"
or "from districts," as defined in Section 34871 of the Government Code,
upon the initial establishment thereof, the districts shall be as nearly
equal in population as may be according to the latest federal decennial
census or, if the city's charter so provides, according to the federal
mid -decade census or the official census of the city, as provided for
pursuant to Chapter 17 (commencing with Section 40200) of Part 2 of Division
3 of Title 4 of the Government Cade, as the case may be. After the initial
establishment of the districts, the districts shall continue to be as nearly
equal in population as may be according to the latest federal decennial
census or, if authorized by the charter of the city, according to the
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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 Code, as amended. In establishing the boundaries of
the districts, the council may give consideration to the following factors:
(1) topography, (2) geography, (3) cohesiveness, contiguity, integrity, and
compactness of territory, and (4) community of interest of the districts.
Richards, Watson & Gershon www.rivglaw.com
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Memorandum m: City Council Redutdcting Process
June 12, 2001
ATTACHMENT 2
CITY CHARTER AND STATE ELECTION CODE PROVISIONS
SECTION 515 OF THE OFFICIAL CHARTER
OF THE CITY OF SEAL BEACH:
"Councilmanic Districts . The five members of the City Council shall be
elected by districts the boundaries of which shall be as defined by ordinance
adopted by the City Council.
In 1980 and each 10th year thereafter, the City Council shall appoint
a committee to study and report on the advisability of redistricting the City .
Upon receipt of any such committee report, and at any other time deemed
necessary or desirable in order that the district boundaries be in accordance
with constitutional requirement, fair and logical, the City Council may be
ordinance change and redefine the boundaries of any of all of such districts.
The boundaries so defined shall be established in such manner that the district
shall, as nearly as practicable, constitute natural areas of contiguous and
compact territory and provide fair representation on the City Council Any
territory hereafter annexed to or consolidated with the City shall, at the time
of annexation or consolidation, be added by ordinance of the City Council to
an adjacent district or districts. "
CALIFORNIA ELECTIONS CODE
SECTION 21620- 21620.1
"21620. If the members of the governing body of a chartered city are
nominated or elected "by districts" or "from districts," as defined in
Section 34871 of the Government Code, upon the initial establishment
thereof, the districts shall be as nearly equal in population as may be
according to the latest federal decennial census or, if the city's charter so
provides, according to the federal mid - decade census or the official census
of the city, as provided for pursuant to Chapter 17 (commencing with
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Memorandum re: City Council Redistricting Process
June 12, 2001
Section 40200) of Part 2 of Division 3 of Title 4 of the Government Code,
as the case may be. After the initial establishment of the districts, the
districts shall continue to be as nearly equal in population as may be
according to 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 Code, as
amended. In establishing the boundaries of the districts, the council may
give consideration to the following factors: (1) topography, (2) geography,
(3) cohesiveness, contiguity, integrity, and compactness of territory, and
(4) community of interest of the districts.
21620.1. 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."
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