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
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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
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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
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Clark, Lumbard, Cooper, Gallagher, Gomez (5)
(0)
(0)
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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