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Home My WebLink About07 RESOLUTION MODIFYING THE SCHEDULES OF THE REGULAR MEETINGS OF THE CITY COUNCIL & PLANNING COMMISSDocuSign Envelope ID: E79FCF1F-AF68-4563-80A5-1A743A3ADD90 MEETING DATE: TO: FROM: SUBJECT: SUMMARY: AGENDA REPORT APRIL 5, 2022 Agenda Item 7 Reviewed: Ds City Manager Finance Director N/A HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL MATTHEW S. WEST, CITY MANAGER RESOLUTION MODIFYING THE SCHEDULES OF THE REGULAR MEETINGS OF THE CITY COUNCIL AND PLANNING COMMISSION Consider revising the schedule of the regular meetings of the Tustin City Council and Planning Commission such that closed session regular meetings would commence at 5:30 p.m., and open session regular meetings would commence at 7:00 p.m. RECOMMENDATION: That the City Council adopt Resolution Number 22-14 approving modified schedules of the regular meetings of the City Council and the Planning Commission in the form attached hereto as Attachment B. FISCAL IMPACT: There is no fiscal impact associated with this item. BACKGROUND: Tustin City Code section 1301 originally established the Regular Meeting schedule of the Tustin City Council as follows: Regular open session meetings — first and third Tuesdays of each month at 7:00 p.m. Closed session meetings at 5:30 p.m. prior to the 7:00 portion of the regular meetings However, Tustin City Code section 1301 also provides that the time and location of one or more regular meetings of the City Council regular Council meetings may be approved by City Council Resolution approved at the least 14 calendar days prior to the meeting date. DocuSign Envelope ID: E79FCF1F-AF68-4563-80A5-1A743A3ADD90 Modifying the Regular Meeting Schedules of the City Council and Planning Commission April 5, 2022 Page 2 Tustin City Code section 1515 provides that regular meetings of the Planning Commission meetings will be held on the second and fourth Tuesday of each month at 7:00 p.m The City Council most recently revised the City Council regular meeting schedule when it adopted Resolution 21-84 (attached hereto as Attachment A). In addition to adding specific regular meetings regarding the transition from at -large to district -based elections, Resolution 21-84 established that regular meetings of the City Council would occur on the first and third Tuesday of each month commencing on November 16, 2021, with closed sessions commencing at 5:00 p.m., and open sessions commencing at 6:30 p.m. Resolution 21-84 also established that the Planning Commission meetings would occur on the second and fourth Tuesday of each month commencing at 6:00 p.m. Accordingly, the regular meetings of the City Council and Planning Commission since November 16th have occurred at those times. The Regular Meeting Schedule in Proposed Resolution 22-14 Proposed Resolution 22-14 (attached hereto as Attachment B) would return the City Council Regular Meetings to the schedule established in Tustin City Code section 1301, specifically: Regular open session meetings: first and third Tuesdays of each month at 7:00 p.m. Regular closed session meetings: first and third Tuesdays of each month at 5:30 p.m. In addition, Resolution 22-14 would, if adopted, return the Planning Commission Regular Meeting schedule to the second and fourth Tuesdays of each month at 7:00 p.m. ATTACHMENTS: A: Resolution 21-84 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. B: (Proposed) Resolution 22-14 Modifying the Schedule of the Regular Meetings of the City Council and Planning Commission DocuSign Envelope ID: E79FCF1F-AF68-4563-80A5-1A743A3ADD90 ATTACHMENT A 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::: AC rNEEUMBARD, Mayor Pro Tem ATTEST: DocuSigned by: `LV'iCa (�aStti�,a E CAAN4L'YA'SU 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: `LV'iCa (�aStti�,a ECAIN°'Y'ASIU DA, City Clerk Resolution 21-84 Page 4 of 4 DocuSign Envelope ID: E79FCF1F-AF68-4563-80A5-1A743A3ADD90 ATTACHMENT B RESOLUTION NO. 22-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN MODIFYING THE SCHEDULE OF THE REGULAR MEETINGS OF THE CITY COUNCIL AND PLANNING COMMISSION 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; and 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 September 21, 2021, the City Council adopted Resolution 21-84 modifying the schedule of the regular meetings of the City Council and Planning Commission (as well as setting public hearings regarding the transition from At -Large to District elections, and permitting in-person attendance at the meetings of the City's legislative bodies by members of the legislative body and by the public, subject to adherence to applicable measures for the protection of public health); and WHEREAS, the City Council desires to update and modify the schedule of regular meetings for the City Council and the Planning Commission; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Tustin: SECTION 1. City Council Regular Meeting Days and Times: Commencing April 19, 2022, Regular Meetings of the City Council shall occur on the days and at the times specified in Tustin City Code section 1301, as that section may be amended from time to time. Section 1301 currently provides that the City Council shall hold its regular meetings on the first and third Tuesdays of each month at the following times: Closed session: 5:30 p.m. Open Session: 7:00 p.m. When a regular meeting date falls on a legal holiday, the meeting shall be held on the following day. SECTION 2. Planning Commission Meeting Days and Times: Commencing April 26, 2022, Regular Meetings of the Planning Commission shall occur on the days and at the times specified in Tustin City Code section 1515, as that section may be amended from time to time. Section 1515 currently provides that the Planning Commission shall hold its regular meetings on the second and fourth Tuesdays of each month at 7:00 p.m. Resolution No. 22-14 Page 1 of 2 DocuSign Envelope ID: E79FCF1F-AF68-4563-80A5-1A743A3ADD90 When a regular meeting date falls on a legal holiday, the meeting shall be held on the following day. SECTION 3. Location of Regular Meetings. Regular Meetings of the City Council and the Planning Commission shall continue to 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 4: This Resolution supersedes Sections 2 and 4 of Resolution 21-84. SECTION 5: Effective Date. This Resolution is adopted on April 5, 2022, and shall take effect on April 19, 2022; and PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin held on the 5th day of April 2022. AUSTIN LUMBARD Mayor ATTEST: ERICA N. YASUDA City Clerk 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. 22-14 was duly and regularly passed and adopted at a regular meeting of the City Council held on the 5th day of April, 2022 by the following vote: COUNCILPERSONS AYES: COUNCILPERSONS NOES: COUNCILPERSONS ABSTAINED: COUNCILPERSONS ABSENT: ERICA N. YASUDA City Clerk Resolution No. 22-14 Page 2 of 2