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Home My WebLink About2020-04-28 - AGENDA REPORTS - CONSIDERATION OF A RESO AMENDING THE SCHEDULE OF P (2)Agenda Item: 28 P CITY OF SANTA CLARITA AGENDA REPORT UNFINISHED BUSINESS CITY MANAGER APPROVAL:1 DATE: April 28, 2020 SUBJECT: CONSIDERATION OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA AMENDING THE SCHEDULE OF PUBLIC HEARINGS SET FORTH IN THE RESOLUTION OF INTENTION TO SWITCH TO ELECTION BY DISTRICTS BASED UPON THE EXTENSION OF THE COUNTY SAFER AT HOME ORDER TO MAY 15, AND CALIFORNIA EXECUTIVE ORDERS N- 34-20 AND N-48-20 SUSPENDING ELECTION CODE SECTION10010 DEADLINES DEPARTMENT: City Manager's Office PRESENTER: Joseph Montes RECOMMENDED ACTION City Council consider adoption of a resolution of the City Council of the City of Santa Clarita amending the schedule of public hearings set forth in the resolution of intention to switch to election by districts based upon the extension of the County Safer at Home order to May 15, and California Executive Orders N-34-20 and N-48-20 suspending Election Code Section 10010 deadlines. BACKGROUND On March 19, 2020, the City Council adopted Resolution No. 20-7, declaring its intention to switch to election by districts pursuant to the process set forth in Elections Code section 10010. Pursuant to that section, the City would then have 90 days within which to complete public hearings to switch to districts without being subject to suit under the California Voting Rights Act (the "safe harbor"). The resolution included a schedule for the public hearings, with a "COVID-19 Hiatus" period before hearings were to be held based upon the scheduled expiration on April 19, 2020, of the County of Los Angeles Safer at Home order. After that day, the hearings were scheduled to be completed before the expiration of the safe harbor period. On March 20 and April 9, Governor Newsom issued Executive Orders N-34-20 and N-48-20, respectively. Those orders suspended and tolled the timeframes set forth in Elections Code section 10010. At the time of the issuance of the first order, the City had 89 days remaining Page 1 Packet Pg. 205 under the safe harbor provision. Order N-48-20 included as recitals the following language as justification for suspending the timeframes under Elections Code section 10010: "WHEREAS uncertainty regarding Elections Code section 10010 could nevertheless induce political subdivisions to hold these public hearings in the near future -at a time when public health requires that Californians stay home except for essential needs, and otherwise engage in physical distancing, to minimize the spread ofCOVID-19; and WHEREAS holding these hearing in the near future -at a time when public health requires that Californians stay home except for essential needs -would threaten public health and safety, and would force Californians to choose between fully participating in their democratic process and safeguarding their own health and safety, as well as the health and safety of their communities. " Order N-48-20 indicates that the suspension lasts during the period when the State Public Health Officer and other public health officials have determined that it is necessary to engage in physical distancing to minimize the spread of COVID-19. The order further provides that the suspension is in effect until further notice. By virtue of the tolling of the safe harbor period, the City no longer has to complete the hearings by June 18, 2020. However, based upon information provided to the City by Dean Logan, Registrar for the County of Los Angeles, the County needs the finalized districting information by June 30, 2020, in order to accommodate a City by -district election in November 2020. On April 21, 2020, the City Council held a closed session and direction was given to agendize for Council consideration at the Council meeting of April 28, 2020, a resolution that would modify the previously adopted hearing schedule to extend the COVID-19 hiatus through the current May 15, 2020, expiration of the County Safer at Home Order, with the hearings proceeding thereafter pursuant to a schedule designed to complete the process prior to the end of June. ALTERNATIVE ACTION Other action as determined by City Council. FISCAL IMPACT No financial impact. ATTACHMENTS Resolution Page 2 Packet Pg. 206 28.a RESOLUTION NO. 20- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, AMENDING THE SCHEDULE OF PUBLIC HEARINGS SET FORTH IN THE RESOLUTION OF INTENTION TO SWITCH TO ELECTION BY DISTRICTS BASED UPON THE EXTENSION OF THE COUNTY SAFER AT HOME ORDER TO MAY 15, AND CALIFORNIA EXECUTIVE ORDERS N-34-20 AND N-48-20 SUSPENDING ELECTION CODE SECTION 10010 DEADLINES WHEREAS, on March 19, 2020, the City Council of the City of Santa Clarita, California ("City") adopted Resolution No. 20-7 declaring an intent to switch to election by districts and setting forth a schedule for public hearings to be completed no later than June 18, based upon the safe harbor deadlines set forth in Elections Code section 10010; and WHEREAS, the County of Los Angeles has issued a "Safer at Home" order, currently extended through May 15, 2020, that limits public gatherings and requires physical distancing; and WHEREAS, Governor Newsom issued Executive Order N-34-20 on March 20 and N-48-20 on April 9, 2020; and WHEREAS, these Executive Orders suspend and toll the timeframes set forth in Elections Code section 10010. Based upon the issuance dates of such orders the City has 89 days remaining under the safe harbor provisions of section 10010, running from the time that the suspension set forth in the Executive Orders is lifted; and WHEREAS, the Los Angeles County registrar has indicated that the last date he can receive districting information from the City in order to hold a by -district election in November 2020 is June 30; and WHEREAS, the City Council held a closed session on April 21, 2020, and gave direction to agendize for consideration an updated hearing schedule that begins after the expiration of the May 15, 2020, County Safer at Home order, and finishes prior to June 30. NOW, THEREFORE, the City Council of the City of Santa Clarita, California, does hereby resolve as follows: SECTION 1. Exhibit A to Resolution No. 20-7 is hereby superseded in its entirety by the new schedule attached hereto as Exhibit A and incorporated herein. SECTION 2. The City Clerk shall certify to the adoption of this resolution. Page 1 of 4 Packet Pg. 207 28.a PASSED, APPROVED, AND ADOPTED this 281h day of April 2020. MAYOR ATTEST: CITY CLERK DATE: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) I, Mary Cusick, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Resolution 20- was duly adopted by the City Council of the City of Santa Clarita at a regular meeting thereof, held on the 281h day of April 2020, by the following vote: AYES: COUNCIL,MEMBERS: NOES: COUNCIL,MEMBERS: ABSENT: COUNCIL,MEMBERS: CITY CLERK Page 2 of 4 Packet Pg. 208 28.a Exhibit A Timeline: Consideration and Implementation of By -District Elections (All meetings in Council Chambers at City Hall) Date Event Comment March 19, 2020 City Council adopts Period of time for publicity of Special City Council Resolution declaring its districting process before first Meeting intention to transition from at- Public Hearing large to by -district elections March 23, 2020 45 Day EC 10010(e) deadline March 21 — May 15, COVID-19 Hiatus SAFE HARBOR TOLLED — 89 2020 Safer -at -Home Lifted 5-15-20 DAYS REMAINING ONCE EXECUTIVE ORDER LIFTED May 19, 2020 First Public Hearing Before maps are drafted by Special Meeting demographer May 20, 2020 Mapping tools available to public May 26, 2020 Second Public Hearing Before maps are drafted by Regular Meeting Council input to demographer demographer on districting criteria based upon first two hearings May 29, 2020 Deadline for submission of public maps June 2, 2020 Post draft maps and potential At least 7 days before hearing sequence of elections June 9, 2020 Third Public Hearing Regarding content of draft maps Regular Meeting and sequence of elections June 10, 2020 Post any new or amended At least 7 days before hearing maps and potential sequence of elections Page 3 of 4 Packet Pg. 209 28.a Date Event Comment June 17, 2020 Fourth Public Hearing: Select Regarding content of draft maps WEDNESDAY Map. Council introduces and sequence of elections. Special Meeting ordinance establishing district Selected map may not be elections, including district amended as there is not time for boundaries and election publication and another public sequence hearing before LA Registrar's deadline June 23, 2020 5th Public hearing: 2nd reading Ordinance adopted Regular Meeting of Ordinance June 30, 2020 LA County Registrar Deadline for receiving district boundary file Date uncertain 90 day EC 10010(e) deadline Once Executive Order is lifted to complete process within safe harbor November 3, 2020 First election using district - based seats March 2021 2020 Census data released Could be delayed in light of COVID-19 exigencies Spring/Summer 2021 Begin redistricting to be completed after August 1, 2021 based upon 2020 Census data November 2022 Second election using district based seats redrawn according to the 2020 Census information, if needed 5 Page 4 of 4 Packet Pg. 210