(Nov. 19, 2021, follows breaking and several updates) -- LB's Districting Commission voted 13-0 at its Nov. 18 meeting to approve the final election district map below which the City Attorney's office says will take effect immediately but is subject to a 30 day legal challenge period.
The non-elected LB Commissioners refused to consider changes proposed by coalition of Latino groups that submitted an attorney-signed letter alleging the map would violate the federal Voting Rights Act. LBREPORT.com has learned that former CD5 Councilwoman Schipske (an attorney) says her current work precludes her from filing suit challenging reconfigured CD5. In pertinent parts, the new election district map: The Commission is legally prohibited from considering the residences of any elected official or other individual in drawing district lines. [Scroll down for further.] | ![]() ![]() ![]() ![]() ![]() |
Under the LB voter approved 2018 City Charter Redistricting amendment (ostensibly to minimize or prevent political influence in drawing district lines), the Commission is legally required to respect communities of interest and geographically contiguous areas. Some have questioned whether stretching CD 5 to connect physically separated areas west of the Airport violates that principle. The sole legal remedy specified in the City Charter amendment to challenge the ultimately adopted map is a court challenge (petition for writ of mandate) BUT state law may also affect challenges.
A City Attorney memo to the Mayor and Councilmembers, dated November 18, anticipated the Redistricting Commission action approving the map in stating: In anticipation of the adoption of new City Council district boundaries by the Independent Redistricting Commission (“Commission”), please find attached a memo from outside counsel addressing some of the issues resulting from the new boundaries. For Council members who no longer reside in the districts they represent, the City Attorney's office cited the memo from outside Counsel Olson Remcho which opines that "state law prohibits a new redistricting plan from shortening an incumbent’s term. Therefore, even if a Council member no longer resides in the newly-drawn district they represent, the member will continue to represent that district until their term ends, at which point a candidate who resides in and has been elected from the new district will take office." [Outside counsel memo] [The Redistricting Commission action]...is subject to referendum and therefore cannot take effect for thirty (30) days. See Cal. Const., art. II, § 9 and 11; Ortiz v. Board of Supervisors, 107 Cal. App. 3d 866 (1980). Regardless, even if that is the case, the Commission-adopted plan will still take effect by December 18, 2021, assuming the Commission adopts the plan on November 18.
The Commission's two maps both eliminate CD 5 incumbent Stacy Mungo and previously declared challengers Gerrie Schipske and Michelle Dobson from the 2022 election cycle (unless they move their residences.) New CD 5 candidates are expected to surface in the coming weeks from within the newly drawn 5th district. Councilwoman Mungo has signaled she's mulling moving to seek a third Council term. In her Nov. 13, "Neighborly News" newsletter, Mungo stated in part: "For those who know me well, you know my previous residence is still in Cal Heights...While I continue to enjoy serving and have grown from all you have taught me and requested of me, moving back would be a big decision. My family and I will need to decide what is best once we know the lines are final." Former Councilwoman Schipske may be mulling a different response. Rather than move, she wrote in a November 14 Nextdoor.com comment that she may enter 2022 Mayor's race "to give the Eastside a voice to ensure ELB has a voice." She adds that she's been informed there may be residents who will take legal action challenging reconfigured CD5. New CD 5 candidates are expected to surface in the coming weeks from within the newly drawn 5th district.
Both maps expand CD 4 (Supernaw) northward to take large parts of what had been CD 5 including El Dorado Park South neighborhoods. At the Nov. 10 Redistricting Commission meeting, Reform Coalition Exec. Dir. Ian Patton and former CD 8 Councilwoman Rae Gabelich supported the map above despite its decimating ELB portions of CD 5. Incumbent Supernaw doesn't face re-election until 2024. Downtown hospitality and Port interests got what they wanted: two representatives for their interests with the two districts split at Pacific Ave. CD 1 (previously a working class area north of downtown disproportionately impacted by shootings) was expanded to include the western part of the Port. The move will effectively assist CD1 incumbent Mary Zendejas who will now have access to potential campaign contributions from Port-related interests as she seeks re-election in 2022. CD 2 was stretched to cover the eastern part of the port (including Queen Mary) and downtown entertainment areas. The map prioritizes reuniting Wrigley, which was split in a bitter 2011 Council-engineered gerrymandering. A decade later, reuniting Wrigley strengthens the political base of CD 7 incumbent Roberto Uranga who faces re-election in 2022. (Reform-minded challenger Carlos Ovalle is among Uranga's early challengers.)
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