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City of Tustin
City Council Meeting:
3/20/2020
To: Mayor Al Murray & Members of the City Council
From: Darlene Savord
Subject: Introduce Ordinance Adding Chapter X Constitution
of the United States Compliance
Summary: This is an opportunity to discuss the Council's desire to show its resolve
and support for the Constitution of the United States by adopting a Resolution or
Ordinance.
Recommendations:
1. Introduce for first reading, read by title only, and waive further reading of
Ordinance No. X; and,
2. Title of Ordinance: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF Tustin, CALIFORNIA:
CONSTITUTION OF THE UNITED STATES COMPLIANCE."
Background and Discussion
The California Values Act (SB54) is contrary to the United States Constitution and
infringes on the rights of the citizens of the City of Tustin. Furthermore, it affects
the City Council's oath to support and defend the Constitution of the United States.
In view of this contradiction, it is impossible to comply with both the Constitution of the
United States and the Constitution of the State of California. When two governing
documents contradict each other, the order of precedence needs to be invoked and
followed.
In this situation, my belief is that the Constitution of the United States has precedence
over the Constitution of the State of California, so therefore I am proposing that the City
Council discuss and adopt an Ordinance to exempt the City Tustin from the California Values Act.
Darlene Sa�v}ord
312012018 Small city opts out of California's sanctuary law: mayor says more will follow
�j
POLITICS
POLITIC 5 I ELECTIONS WHITE HORSE CONGRESS LAW TAXES
Small city of Los Alamitos opts
out of California's sanctuary
law, and mayor says more will
follow
• The small city of Los Alamitos votes to exempt itself from California's so-called
"sanctuary state" law, which took effect in January.
• One critic of the opt -out move says the Southern California city will find itself
"on the wrong side of history."
• Los Alamitos' mayor says at least 13 other cities in the state are considering
similar opt -out measures.
• The city dans to file an amicus brief in support of the Trump
adminis, I a's sanctuary lawsuit against California.
.teff Daniel Vp 4fdanielsca
Published 19 M ,. ,yo
in
Source. KNBC
Public comment period in the Los Alamitos City Council on Monday before they voted 4-1 to
opt out of the California "sanctuary law."
A new threat to California's "sanctuary state" law is coming from
municipalities that are fighting the controversial legislation.
On Tuesday evening, the city council in Los Alamitos, a small city in
Southern California, voted 4 to 1 to exempt itself from State Bill 54, also
called the California Values Act and the "sanctuary state" law, which
took effect in January. The state law, which is being challenged by the
U.S. Department of Justice, bars local authorities from asking about the
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Small city opts out of California's sanctuary law; mayor says more will follow
"This is important for us, for our city, for our community," Warren
Kusumoto, the mayor pro tempore of Los Alamitos said Tuesday before
the vote. He said the local measure was needed because of "a conflict
between two governing documents — the Constitution of the United
States and the state constitution itself."
Added Kusumoto, "We have a military base over here, we have
contractors here who do business with the federal government. And I
just feel that this body owes them some kind of certainty and guidance
in enacting this ordinance. It really is for us to say we believe in the
Constitution."
"The Los Alamitos City Council and Councilman Kusumoto in particular,
are egregiously misinterpreting the U.S. Constitution and are on the
wrong side of history," California Assembly member Wendy Carrillo, a
Democrat who represents parts of Los Angeles, said in a statement,
"Los Alamitos has an opportunity to protect its residents, but is instead
siding with a racist and xenophobic Trump administration hell-bent on
instilling fear in immigrants across the nation."
Los Alamit— a city of about 12,000 people in Orange County, now
finds itsel f ie spotlight with its challenge to California's sanctuary
movement
to
"I've gotten , lot of calls from other city council members and other
mayors ff in e interested in being part of this," Los Alamitos Mayor
Troy Edgar -id Wednesday. "They really want to know what was the
process a, E2 e trying to get advice on how to go to the next steps."
Accordinc Cf—*. ,ie mayor, at least 13 other municipalities in the state are
considering similar opt -out measures on the sanctuary law. He wouldn't
identify the cities but said they are located in the high deserts of
Southern California as well as Orange and San Diego counties, all the
way up to Northern California's Shasta County.
"It's great to see cities in California fighting back against the illegal
sanctuary state and lawlessness of the California Democrats," said
Assemblyman Travis Alien, a Republican candidate for governor whose
Assembly district includes Los Alamitos.
However, immigration lawyer and University of Southern California law
professor Jean Reisz said Los Alamitos' decision to opt out shouldn't
legally support the federal government's overall position.
"Whether or not Los Alamitos opted out, that's not evidence that these
laws are in violation of federal law," said Reisz. "It's just showing the
city isn't in support of it or doesn't want to follow it." She also said she
believes California's SB 54 and two other statutes that are part of the
`aderal government's legal challenge against the state "don't violate
itederal law."
Meantime, the Los Alamitos mayor said he has not personally heard
from state officials since passing the opt -out ordinance. "I would expect
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312012018
'Att
Small city opts out of Califomia's sanctuary law; mayor says more will follow
In addition to passing the ordinance, the mayor said the city plans to
file an amicus brief in support of the Trump administration's "sanctuary
law" case against California. The U.S. Justice Department declined to
comment.
The Trump administration's suit against California, filed March 6,
contends that three different state laws passed last year to protect
undocumented immigrants against deportation violate the U.S.
Constitution.
The state's attorney general, Xavier Becerra, said at a press conference
after the lawsuit was filed that California has the right under the U.S.
Constitution "to decline to participate in civil immigration enforcement.
California is in the business of public safety. We're not in the business of
deportations."
The office of Gov. Jerry Brown as well as the state attorney general
declined to comment for this story.
In November, a USC Dornsife/Los Angeles Times poll showed more than
50 percent of Californians supported the "sanctuary state" law.
f)aniels
Coordinating Producer
c
in
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https:t/www,cnbc.com/2018103120/small-city-opts-out-of-californias-sanctuary-law-mavor-says-more-will-follow_htm1 314