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Home My WebLink AboutCC RES 21-78 DocuSign Envelope ID:818C62A2-B3AB-4852-9CDB-48A2C7B26504 RESOLUTION NO. 21-78 A RESOLUTION OF CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, CONFIRMING ITS INTENTION TO TRANSITION FROM AT-LARGE TO DISTRICT-BASED ELECTIONS PURSUANT TO CALIFORNIA ELECTIONS CODE 10010(e)(3)(A) AND REJECTING MALDEF'S CONDITIONS FOR EXTENDING THE PUBLIC OUTREACH PERIOD 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 WHEREAS, on August 3, 2021 , the City Council adopted Resolution No. 21-64 declaring its intention to transition from at-large to district elections within 90 days pursuant to Elections Code 10010(e)(3)(B); and WHEREAS, in addition to approving Resolution No. 21-64, pursuant to Elections Code 10010(e)(3)(C) the City Council on August 3, 2021 , authorized the City Manager to approve and execute an agreement with MALDEF to extend by an additional 90 days the deadline to adopt an ordinance establishing district- based elections to provide additional time to conduct public outreach, encourage public participation, and receive public input; and Resolution 21-78 Page 1 of 4 DocuSign Envelope ID:818C62A2-B3AB-4852-9CDB-48A2C7B26504 WHEREAS, on August 16, 2021, MALDEF conditioned agreeing to the 90- day extension for completing the districting process upon, among other provisions, the City's commitment to establishing an electoral map that "shall not impair the ability of the Latino community to elect candidates of its choice to the City Council, in accordance with federal and state law" (the "Election Condition"), and that the "sequencing of the elections for the districts shall be such that at least one electoral district that is intended to remedy Latino vote dilution has a City Council seat up for election on November 8, 2022" (the "Sequencing Condition"); and WHEREAS, Elections 10010(a)(1) requires the City to hold at least two public hearings before drawing a draft map; and WHEREAS, Elections 10010(b) requires the City that, in determining the sequence of the district elections, the City Council shall give special consideration to the purposes of the CVRA and it shall take into account the preferences expressed by members of the districts; and WHEREAS, Federal caselaw prohibits drawing districts with race as a predominate factor; and WHEREAS, MALDEF has since agreed to remove the Sequencing Condition, but continues to demand upon the Election Condition as a condition to agreeing to extend the 90-day period to engage in conducting public outreach, encouraging public participation, and receiving public input prior to thecompletion of the districting process; and WHEREAS, the City is committed to engaging in the districting process in compliance with all applicable laws, including but not limited to the California and Federal Constitutions, the Federal Voting Rights Act, 52 USC 10301 , the CVRA, Govt. Code 34886, and Elections Code 10010 and 21601 ; 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 confirms its intention to transition from at-large to district-based elections and to do so in compliance with all applicable state and federal laws and Constitutions; SECTION 3. The City shall continue to utilize a demographer experienced and qualified to assist the City in drafting a district map consistent with the CVRA, the Federal Voting Rights Act, and the California and Federal Constitutions. SECTION 4. City staff shall work with the demographer to provide a detailed Resolution 21-78 Page 2 of 4 DocuSign Envelope ID:818C62A2-B3AB-4852-9CDB-48A2C7B26504 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 a manner consistent with the intent and purpose of the CVRA, the Federal Voting Rights Act, and the California and Federal Constitutions. SECTION 5. The City remains committed to engaging in the districting process in compliance with all applicable laws, including but not limited to the California and Federal Constitutions, the Federal Voting Rights Act, 52 USC 10301 , the CVRA, Govt. Code 34886, and Elections Code 10010 and 21601 . SECTION 6. The City Council hereby rejects the demanded conditions upon the districting process, such as the Election Condition and the Sequencing Condition that have been demanded by MALDEF, as conditions upon extending the 90-day term for completing the districting process. SECTION 7. The City Council encourages MALDEF to drop its demanded conditions on the extension agreement and to simply agree to extend the 90-day term so that the City, the public and MALDEF will have additional time to thoughtfully engage in public outreach and education, public participation, and public input during the districting process. SECTION 8. 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 7th day of September, 2021 . /DocuSigned by: / ' Lcc. �C Ijc 1111 AUS 1'LTJMe RD, Mayor Pro Tem ATTEST: DocuSigned by: `vi(& geust4a ERI A . DA, City Clerk Resolution 21-54 Page 3 of 4 DocuSign Envelope ID:818C62A2-B3AB-4852-9CDB-48A2C7B26504 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 7th day of September, 2021 by the following vote: COUNCILMEMBER AYES: Lumbard, Cooper, Gallagher, Gomez (4) COUNCILMEMBER NOES: (0) COUNCILMEMBER ABSTAINED: (0) COUNCILMEMBER ABSENT: Clark (1) rDocuSigned by: ;, qa.Stti ' ERIC 8 A, City Clerk Resolution 21-78 Page 4 of 4