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Home My WebLink AboutCC MINUTES 10.25.21 DocuSign Envelope ID:06F62B41-23E6-4D82-BD10-A43EDC95AEB3 CITY OF TUSTIN REGULAR MEETING OCTOBER 25, 2021 AND PUBLIC HEARING OF THE CITY + 300 CENTENNIAL WAY, TUSTIN COUNCIL -- COUNCIL CHAMBER AND VIDEO CONFERENCE Austin Lumbard, Mayor Pro Tem Barry W. Cooper, Council Member Letitia Clark, Mayor Matthew S. West, City Manager Rebecca Gomez, Council Member Erica N.Yasuda, City Clerk Ryan Gallagher, Council Member David E. Kendig, City Attorney MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AT 6:30 P.M. AND THE PUBLIC HEARING #4 REGARDING PROPOSED TRANSITION TO DISTRICT ELECTIONS AT 7:00 P.M. CALL TO ORDER — #3008 at 6:30 p.m. ATTENDANCE — City Clerk Present: Mayor Letitia Clark, Mayor Pro Tem Austin Lumbard and Council Members Barry W. Cooper, Ryan Gallagher and Rebecca Gomez Absent: None City Clerk: Erica N. Yasuda, City Clerk Others Present: David E. Kendig, City Attorney, Matthew S. West, City Manager PLEDGE OF ALLEGIANCE — Mayor Pro Tem Lumbard PUBLIC INPUT — None CONSENT CALENDAR ITEM 1 PUBLIC INPUT FOR THE CONSENT CALENDAR — None It was moved by Mayor Pro Tem Lumbard and seconded by Council Member Gallagher to approve the Consent Calendar. Motion carried: 5-0 City Council October 25, 2021 Meeting Minutes Page 1 of 5 DocuSign Envelope ID:06F62B41-23E6-4D82-BD10-A43EDC95AEB3 1. FINDINGS REQUIRED BY AB 361 FOR THE CONTINUED USE OF TELECONFERENCING FOR MEETINGS In order for the Council to continue to have the option to meet via teleconference during the pandemic, AB 361 requires the Council to make specified findings at least every thirty (30) days. Motion: Made the following findings by majority vote of the Council: A. A state of emergency has been proclaimed by California's Governor due to the COVID-19 pandemic and continues in effect; and B. The Council has reconsidered the circumstances of the state of emergency; and C. State and local officials continue to recommend measures to promote social distancing to slow the spread of COVID-19. COUNCIL MEMBER COMMENTS AND REPORTS Council Member Gallagher October 21 Attended the Tustin Chamber of Commerce Tustin Block Party in Old Town event; thanked staff, vendors, participants, and sponsors for their participation with the event, received a lot of positive feedback; had a great time; was a great event. Council Member Gomez Deferred report until the next meeting. Council Member Cooper Announced he is looking forward to the State of the City on December 2, 2021 . Announced he is looking forward to the Tustin Community Foundation's Mayor's Thanksgiving Breakfast on November 18, 2021 . Mayor Pro Tem Lumbard October 21 Attended the Tustin Chamber of Commerce Tustin Block Party in Old Town event; was a great event. Deferred rest of the report until the next meeting. Mayor Clark City Council October 25, 2021 Meeting Minutes Page 2 of 5 DocuSign Envelope ID:06F62B41-23E6-4D82-BD10-A43EDC95AEB3 October 21 Attended the Tustin Chamber of Commerce Tustin Block Party in Old Town event; was a great event; nice to see families dressed for Halloween; event has Council's support; hoping to see similar events occurring in Old Town. Announced she is holding virtual office hours this Friday, October 29, 2021 ; a few time slots are still available. Announced she will be attending the Halloween Howl this Friday, October 29, 2021 from 3:00-5:00 PM at the Columbus Tustin Activity Center. Recessed at 6:37 p.m. Reconvened at 7:00 p.m. PUBLIC HEARING ITEM NO. 2 2. FOURTH PUBLIC HEARING TO RECEIVE INPUT FROM THE COMMUNITY REGARDING THE TRANSITION FROM AT-LARGE TO DISTRICT ELECTIONS, SELECTION OF A DISTRICT MAP, SELECTION OF THE SEQUENCE OF DISTRICT ELECTIONS, AND FIRST READING OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, ADDING SECTION 1309 TO CHAPTER 3 OF ARTICLE 1 OF THE TUSTIN CITY CODE IMPLEMENTING BY-DISTRICT ELECTIONS OF FOUR COUNCIL MEMBERS AND ESTABLISHING THE OFFICE OF THE MAYOR TO BE ELECTED AT-LARGE Public Hearing opened at 7:00 p.m. Jen Nentwig, Tripepi Smith and Dr. Justin Levitt, National Demographics Corporation provided a PowerPoint presentation. The City received a letter from 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). MALDEF threatens litigation if the City declines to voluntarily convert to district-based elections. On August 3, 2021 the City Council adopted Resolution 21-64 declaring its intention to transition from at-large to district- based elections, and to complete the transition in time for the 2022 General Municipal Election. By voluntarily proceeding to transition to district-based elections, the City benefits from a "safe harbor" provision in the CVRA that maximizes community control and self-determination over the process of establishing districts and district boundaries. The district transition process required two public hearings be held prior to consideration of any draft maps. The first two public hearings occurred on September 7th and September 17th. Additionally, two community workshops occurred on August 31St and September 22nd. A third public hearing on the draft maps was City Council October 25, 2021 Meeting Minutes Page 3 of 5 DocuSign Envelope ID:06F62B41-23E6-4D82-BD10-A43EDC95AEB3 held 10:00 a.m. on Saturday, October 9th and a fifth public hearing is scheduled for 7:00 p.m. on November 1St During this fourth public hearing, the public is invited to provide input regarding selection of one of the proposed district maps labeled 101 through 121 as posted on DrawTustin.org (see Attachment 1) and regarding the proposed sequence of district elections. After receiving community input, the City Council will consider selection of one of the population-balanced proposed maps. Following selection of a district map and sequencing of district elections, the City Council will consider introduction and first reading of Ordinance No. 1518 (see Attachment 2) implementing a transition from at-large to district-based elections for four Council Members and the Mayor elected at-large. Public Input — Yvonne Su (addressed the Council via Zoom) Public Hearing closed at 7:47 p.m. It was moved by Council Member Gomez and seconded by Mayor Clark to reopen the public hearing to allow for additional public comments. Motion carried: 4-1 (Council Member Cooper dissented) Public Hearing reopened at 8:20 p.m. Public Input — 1 . Ronna 2. Anonymous Public Hearing closed at 8:22 p.m. The City Council: 1 . Received a report on the districting process and permissible criteria to be considered to create district boundaries and determine sequence of district elections; and 2. Conducted a public hearing to receive public input regarding selection of a district map and the sequence of district elections; and Motion: It was moved by Council Member Gomez and seconded by Mayor Clark to select Map 115. Roll Call — City Clerk Motion failed: 2-3 (Mayor Pro Tem Lumbard, Council Member Cooper and Council City Council October 25, 2021 Meeting Minutes Page 4 of 5 DocuSign Envelope ID:06F62B41-23E6-4D82-BD10-A43EDC95AEB3 Member Gallagher dissented) Motion: It was moved by Council Member Gallagher and seconded by Council Member Cooper to select Map 113, the Mayor (as a four-year term) and District 3 in 2022. Roll Call — City Clerk Motion carried: 3-2 (Mayor Clark and Council Member Gomez dissented) It was moved by Mayor Pro Tem Lumbard and seconded by Council Member Cooper to introduce and have first reading of Ordinance No. 1518, An Ordinance of the City Council of the City of Tustin, California, Adding Section 1309 to Chapter 3 (City Council) of Article 1 (Administration) of the Tustin City Code Implementing By-District Elections of Four Council Members and Establishing the Office of the Mayor to be Elected At-Large. Roll Call — City Clerk Motion carried: 5-0 ORDINANCE NO. 1518 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADDING SECTION 1309 TO CHAPTER 3 (CITY COUNCIL) OF ARTICLE 1 (ADMINISTRATION) OF THE TUSTIN CITY CODE IMPLEMENTING BY-DISTRICT ELECTIONS OF FOUR COUNCIL MEMBERS AND ESTABLISHING THE OFFICE OF THE MAYOR TO BE ELECTED AT-LARGE Recessed at 8:30 p.m. Reconvened at 8:37 p.m. City Attorney David E. Kendig read Ordinance No. 1518 into the record in its entirety. ADJOURNED at 8:50 p.m. The next meeting is scheduled on Monday, November 1 , 2021 for the Closed Session Meeting at 5:00 p.m., the Regular Business Meeting at 6:30 p.m and the Public Hearing regarding the transition to district elections at 7:00 p.m. rDocuSigned by: DOCUSSigned b(y: Ff" UC'J'j LE TIX'C12ARKERIC I"PAYA'&UDA, Mayor City Clerk City Council October 25, 2021 Meeting Minutes Page 5 of 5