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HomeMy WebLinkAboutCC RES 21-64DocuSign Envelope ID: 3701 EEF7-6164-420D-9846-DDA6BOA48852 RESOLUTION NO. 21-64 A RESOLUTION OF CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DECLARING ITS INTENTION TO TRANSITION FROM AT - LARGE TO DISTRICT -BASED ELECTIONS PURSUANT TO CALIFORNIA ELECTIONS CODE 10010(e)(3)(A) WHEREAS, members of the City Council of the City of Tustin ("City") are currently elected in at -large elections, in which each Councilmember is elected by all registered voters of the entire City; and WHEREAS, Government Code Section 34886 authorizes the City Council to adopt an ordinance to change its method of election from an at -large system to a district -based system, in which each Councilmember is elected only by the voters in the district in which the candidate resides; and WHEREAS, on Tuesday June 23, 2020 the City received a letter from Tanya G. Pellegrini, Staff Attorney for the Mexican American Legal Defense and Education Fund ("MALDEF"), asserting that the City's at -large election system violates the California Voting Rights Act ("CVRA") and threatening litigation if the City declines to voluntarily change to a district -based election system for electing Council members; and WHEREAS, the City denies its election system violates the CVRA or any other provision of law and asserts the City's at -large election system is legal in all respects and further denies any wrongdoing whatsoever regarding the way it has conducted its City Council elections; and WHEREAS, despite the foregoing, the City Council has concluded it is in the public interest to begin the process of transitioning from at -large to district - based elections due to the uncertainty of litigation to defend against a CVRA lawsuit and the potentially extraordinary cost of such a lawsuit, even if the City were to prevail; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUSTIN DOES RESOLVE AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by reference. SECTION 2. The City Council hereby outlines its intention to transition from at -large to district -based elections, the specific steps it will undertake to facilitate this transition, and an estimated time frame for doing so. Resolution 21-64 Page 1 of 3 DocuSign Envelope ID: 3701 EEF7-6164-420D-9846-DDA6BOA48852 SECTION 3. The City shall utilize a demographer experienced and qualified to assist the City in drafting a district map consistent with the CVRA and the Federal Voting Rights Act. SECTION 4. City staff shall work with the demographer to provide a detailed analysis of the City's current demographics and any other information or data necessary to prepare a draft map that divides the City into voting districts in a manner consistent with the intent and purpose of the CVRA and the Federal Voting Rights Act. SECTION 5. The City Council hereby approves the tentative timeline as set forth in Exhibit "A", attached to and made a part of this Resolution, for conducting a public process to solicit public input and testimony on proposed district -based electoral maps before adopting any such map. SECTION 6. The timelines contained in Exhibit "A" may be adjusted by the City Manager as deemed necessary, provided that such adjustments shall not prevent the City from complying with the time frames specified by Elections Code Section 10010, and/or as the same time frames may be modified by agreement approved pursuant to California Elections Code section 10010(e)(3)(C)(i). SECTION 7. The City Clerk shall certify as to the adoption of this Resolution. PASSED AND ADOPTED by the City Council of the City of Tustin at a regular meeting held on the 3rd day of August, 2021. ATTEST: F DocuSi gned by: V'iCa aStti�,a E R I C_A_KAYAtGbA, City Clerk DocuSigned by: LETITIA'a W, .. Mayor Resolution 21-64 Page 2 of 3 DocuSign Envelope ID: 3701 EEF7-6164-420D-9846-DDA6BOA48852 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) I, Erica N. Yasuda, City Clerk and ex -officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council is five; that the above and foregoing Resolution No. 21-64 was duly and regularly passed and adopted at a regular meeting of the City Council held on the 3rd day of August, 2021 by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: DocuSigned by: ERIC�A­jqAVA'9UbA, City Clerk Resolution 21-64 Page 3 of 3 Clark, Lumbard, Cooper, Gallagher, Gomez (5) (0) (0) (0) DocuSign Envelope ID: 3701 EEF7-6164-420D-9846-DDA6BOA48852 Exhibit A TENTATIVE TIMELINE: CONSIDERATION AND IMPLEMENTATION OF "DISTRICT -BASED" ELECTION METHOD DATE EVENT COMMENT August 3, 2021 City Council adopts Resolution CVRA action cannot be declaring its intention to commenced for 90 days transition from at -large to (Deadline: November 1, 2021) district -based elections August 2021 Public Outreach regarding process and to encourage public participation August 31 1St Public Hearing City Council hearing regarding composition of districts; no maps et. September 21 2nd Public Hearing City Council hearing regarding composition of districts; no maps Must be conducted no more yet. than 30 days from the 1 "' public hearing date September 28 Post draft maps and potential Draft maps and proposed sequence of elections sequence of elections must be posted publicly at least 7 days before 3rd Public Hearing. October 5 3rd Public Hearing City Council hearing regarding composition of districts. October 12 Post any new or amended maps Draft maps and proposed and potential sequence of sequence must be posted publicly elections. at least 7 days before 3rd Public Hearing. October 19 4t" Public Hearing — Select map, City Council introduces ordinance establishing district elections, including district boundaries and election sequence October 26 51" Public Hearing — adoption of ordinance establishing district elections Day 90 — November 1, 2021 November 25 Effective date of ordinance establishing district elections