HomeMy WebLinkAboutCC RES 21-84 DocuSign Envelope ID:748C36A3-9DFB-46EC-A542-89FB131 BB04C
RESOLUTION NO. 21-84
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN MODIFYING
THE SCHEDULE OF THE REGULAR CITY COUNCIL MEETINGS AND
PLANNING COMMISSION MEETINGS AND SETTING PUBLIC HEARINGS
REGARDING THE TRANSITION FROM AT-LARGE TO DISTRICT ELECTIONS
The City Council of the City of Tustin finds:
WHEREAS, on July 7, 2020, the City Council adopted Resolution 20-50 approving
modified schedules of regular meetings for the City Council and the Planning
Commission, and directing that members of the public should observe and participate in
Council and Planning Commission meetings electronically, not in person;
WHEREAS, on April 20, 2021 , the City Council adopted Resolution 21-29
approving a modified schedule of regular meetings of the City Council; and
WHEREAS, on August 3, 2021 , the City Council adopted Resolution 21-64
declaring the City Council's intent to transition from at-large to district elections; and
WHEREAS, the California Voting Rights Act establishes a "safe harbor" period of
90 days from the adoption of the Resolution of Intention for the City to conduct a series
of public hearings and to adopt an ordinance establishing district-based elections during
which any prospective plaintiffs are prohibited from filing a lawsuit to enforce CVRA
sections 14027 and 14028; and
WHEREAS, the 901h day after August 3, 2021 falls on Monday, November 1St
2021 ; 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 the Mexican American Legal Defense and
Education Fund (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
WHEREAS, MALDEF has condition its willingness to agree 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 one or more candidates of its choice to the City Council, in accordance
with federal and state law"; and
WHEREAS, Federal caselaw prohibits drawing districts with race as a predominate
factor; and
Resolution 21-84
Page 1 of 4
DocuSign Envelope ID:748C36A3-9DFB-46EC-A542-89FB131 BB04C
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 ;
WHEREAS, the City Council desires to modify the schedule of City Council regular
meetings for the consideration of an ordinance establishing district-based elections so as
to enable the City to vote whether to adopt the ordinance within the statutory "safe harbor"
period (e.g., on or before November 1 , 2021); and
WHEREAS, the City Council desires to update and modify the schedule of regular
meetings for the City Council and the Planning Commission and to allow the public to
attend meetings in person or electronically effective October 5, 2021 ;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Tustin:
SECTION 1 . Location of Regular Meetings. Effective October 5, 2021 , Regular
Meetings of the City Council, the Planning Commission, and other City legislative bodies,
including but not limited to the Public Hearings listed below, shall occur at the Council
Chambers at Tustin City Hall located at 300 Centennial Way, Tustin, California 92780.
This Section shall not preclude the use of teleconference meetings of the City Council
conducted in accordance with State law;
SECTION 2. City Council Regular Meeting Dates: Effective October 5, 2021 ,
Regular Meetings of the City Council shall occur at the following dates and times:
Tuesday, October 5. 2021 :
Closed session: 5:00
Open Session: 6:30
Tuesday, October 19, 2021 :
Closed session: 5:00
Open Session: 6:30
Monday, October 25, 2021 :
Closed session: 5:00
Open Session: 6:30
Monday, November 1 , 2021 :
Closed session: 5:00
Open Session: 6:30
Every first and third Tuesday of each month, commencing November 16,
2021 :
Closed session: 5:00
Open Session: 6:30
Resolution 21-84
Page 2 of 4
DocuSign Envelope ID:748C36A3-9DFB-46EC-A542-89FB131 BB04C
If a first or third Tuesday of the month falls on a legal holiday, that Regular
Meeting shall occur on the next day that is not a legal holiday.
SECTION 3. Public Hearing Dates for Transition to District Elections: Public
hearings regarding the transition to district-based elections shall occur at the following
dates and times:
Saturday, October 9, 2021 , 10:00 a.m. — Special Meeting — Public Hearing 3
Monday, October 25, 2021 , 7:00 p.m. — Regular Meeting — Public Hearing 4
Monday, November 1 , 2021 , 7:00 p.m. - Regular Meeting — Public Hearing 5
SECTION 4: Planning Commission Regular Meeting Schedule. Effective October
5, 2021, Regular Meetings of the Planning Commission shall occur on the second and
fourth Tuesday of each month, commencing at 6:00 p.m. If a second or fourth Tuesday
of the month falls on a legal holiday, that Regular Meeting shall occur on the next day that
is not a legal holiday.
SECTION 5. In-Person Participation in Council and Commission Meetings.
Effective October 5, 2021 , members of the legislative body and the public may attend and
participate in person at City Council, Planning Commission or other City legislative body
meetings, and any then-applicable measures imposed by State or County health officials
for the protection of public health shall be adhered to during such meetings.
SECTION 6: Effective Date. This Resolution is adopted on September 21 , 2021
and shall take effect on October 5, 2021; and
SECTION 7: This Resolution replaces and supersedes Resolution 20-50 and
Resolution 21-29.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Tustin held on the 21 st day of September 2021 .
DocuSigned by:
// :
AU i r EEUMBARD,
Mayor Pro Tem
ATTEST:
DocuSigned by:
`LV'iCa (�aStti�,a
E CAA4ASU DA,
City Clerk
Resolution 21-84
Page 3 of 4
DocuSign Envelope ID:748C36A3-9DFB-46EC-A542-89FB131 BB04C
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. 21-84 was duly and regularly passed
and adopted at a regular meeting of the City Council held on the 21st 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)
DocuSigned by:
E CAIN°'YMIU DA,
City Clerk
Resolution 21-84
Page 4 of 4