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HomeMy WebLinkAbout2020-05-26 - AGENDA REPORTS - CONSIDERATION OF A RESO OF THE COUNCIL REVISING TH (2)Agenda Item: 12 P CITY OF SANTA CLARITA AGENDA REPORT UNFINISHED BUSINESS CITY MANAGER APPROVAL:1 DATE: May 26, 2020 SUBJECT: CONSIDERATION OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA REVISING THE SCHEDULE OF PUBLIC HEARINGS SET FORTH IN THE RESOLUTION OF INTENTION TO SWITCH TO ELECTION BY DISTRICTS BASED UPON THE MAY 13 EXTENSION OF THE COUNTY SAFER AT HOME ORDER DEPARTMENT: City Manager's Office PRESENTER: Joseph Montes RECOMMENDED ACTION Council consider adoption of a resolution of the City Council of the City of Santa Clarita revising the schedule of public hearings set forth in the resolution of intention to switch to election by districts based upon the May 13 extension of the Los Angeles County Safer at Home Order. The resolution would adopt an expedited schedule to be completed before June 30, starting on June 1. The resolution would also direct the City Manager to postpone the hearings to the attached Alternate Schedule (which would commence June 5) in the event that the County Health Officer indicates in -person attendance of large numbers of the public at City Council meetings is not permitted prior to close of business on Friday, May 29. The resolution would also direct the City Manager to cancel the first two public hearings on the Alternate Schedule if the County Health Officer had not revised the Order to allow for in -person attendance of large numbers of the public at City Council meetings prior to noon on June 4, 2020. In that instance staff would agendize further consideration of the schedule of hearings by the Council at the Council's June 9, 2020 regular meeting. 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 Page 1 Packet Pg. 102 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, including the safe harbor periods. At the time of the issuance of the first order, the City had 89 days remaining 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. On April 28, the City Council revised the schedule of hearings based upon an extension of the County Safer at Home Order, through May 15, with the first hearing to occur on May 19. On May 13, the County further extended the Safer at Home Order indefinitely, indicating that the new order is meant to implement Stage 2 of the County's Roadmap to Recovery program. Presumably the County will next revise the order to accommodate Stage 3 of its Roadmap to Recovery program, but the County has not indicated when that revision will be forthcoming. The City is working directly through its representative on the Board of Supervisors to advocate for an earlier schedule for reopening for north County communities, including Santa Clarita. The current order does not allow for physical, in person gatherings of members of the public at City Council meetings. In checking with the County Board of Supervisors, their meetings are still being held remotely, without allowing physical attendance by members of the public. Elections Code section 10010 recommends a public education program, and contemplates multiple public hearings with seven-day advanced notice of maps to be considered to allow effective participation by the public in the transition to district process. Under current conditions, such public hearings would have to be conducted with constraints on public participation, such as limiting the ability to communicate to the Council during the public hearings while it is in progress, constraining interaction among members of the public and Page 2 Packet Pg. 103 limiting participation by those with limited access to technology resources or limited English proficiency. The attached resolution will replace the current hearing schedule established by the Council on April 28 with an expedited schedule to be completed before June 30, starting on June 1. The resolution would also direct the City Manager to postpone the hearings to the attached Alternate Schedule (which would commence June 5) in the event that the County Health Officer indicates in -person attendance of large numbers of the public at City Council meetings is not permitted prior to close of business on Friday, May 29. The resolution would also direct the City Manager to cancel the first two public hearings on the Alternate Schedule if the County Health Officer had not revised the order to allow for in -person attendance of large numbers of the public at City Council meetings prior to noon on June 4, 2020. In that instance staff would agendize further consideration of the schedule of hearings by the Council at the Council's June 9, 2020 regular meeting. ALTERNATIVE ACTION Other action as determined by City Council. FISCAL IMPACT No financial impact. ATTACHMENTS Resolution Page 3 Packet Pg. 104 12.a RESOLUTION NO. 20- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA REVISING THE SCHEDULE OF PUBLIC HEARINGS SET FORTH IN THE RESOLUTION OF INTENTION TO SWITCH TO ELECTION BY DISTRICTS BASED UPON THE MAY 13 EXTENSION OF THE COUNTY SAFER AT HOME ORDER 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 issued a "Safer at Home" order that was set to expire originally in April, and then was extended to May 15, 2020, that limited public gatherings and required 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 City Council amended the hearing schedule originally adopted based upon the County's extension of the Safer at Home Order through May 15, 2020; WHEREAS, on May 13, 2020, the County of Los Angeles Health Officer further extended the Safer at Home Order indefinitely, indicating that the new order is meant to implement Stage 2 of the County's Roadmap to Recovery program. Presumably the County will next revise the order to accommodate Stage 3 of its Roadmap to Recovery program, but the County has not indicated when that revision will be forthcoming. The City is working directly through its representative on the Board of Supervisors to advocate for an earlier schedule for reopening for north County communities, including Santa Clarita; and WHEREAS, the City Council held a closed session on May 12, 2020 and gave direction to staff to monitor the County health orders and cancel the May 19 and 26 hearings if the County's order did not allow for gatherings of large numbers of the public for purposes of public hearings. Staff was directed to return to the City Council with an agenda item to consider revising the previously adopted hearing schedule. NOW, THEREFORE, based upon the recitals herein and the staff report submitted herewith, the City Council of the City of Santa Clarita hereby resolves as follows: Page 1 of 7 Packet Pg. 105 12.a SECTION 1. The hearing schedule set forth in Exhibit A to Resolution No. 20-24 (which modified Resolution No. 20-7) is hereby replaced with the hearing schedule attached hereto as Exhibit A, commencing on June 1, 2020. SECTION 2. The City Manager is directed to postpone the hearings in Exhibit A to the Alternate Schedule (which would commence June 5) set forth in Exhibit B in the event that the County Health Officer indicates in -person attendance of large numbers of the public at City Council meetings is not permitted prior to close of business on Friday, May 29. SECTION 3. The City Manager is directed to cancel the first two public hearings on the Alternate Schedule if the County Health Officer has not revised the Order to allow for in -person attendance of large numbers of the public at City Council meetings prior to noon on June 4, 2020. In that instance staff is directed to agendize further consideration of the schedule of hearings by the Council at the Council's June 9, 2020 regular meeting. SECTION 4. The City Clerk shall certify to the adoption of this resolution. PASSED, APPROVED, AND ADOPTED this 26th day of May 2020. ATTEST: CITY CLERK DATE: MAYOR Page 2 of 7 Packet Pg. 106 12.a 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 special meeting thereof, held on the 26th day of May 2020, by the following vote: AYES: COUNCIL,MEMBERS: NOES: COUNCIL,MEMBERS: ABSENT: COUNCIL,MEMBERS: CITY CLERK Page 3 of 7 Packet Pg. 107 12.a Exhibit A —Possible COVID-19 Adiustments URGENCY ORDINANCE & E.C. 10010 Timelines Observed Timeline: Consideration and Implementation of By -District Elections (All meetings in Council Chambers at City Hall) Date Event Comment March 20, 2020 City Council adopts Period of time for publicity of Special City Council Resolution declaring its districting process before first Meeting-5 p.m. intention to transition from at- Public Hearing. large to by -district elections March 23, 2020 45 Day EC 10010(e) deadline March 21 — May 31, COVID-19 Hiatus; Presumes SAFE HARBOR TOLLED — 89 Safer -at -Home Lifted 5-31- 2020 DAYS REMAINING 20 June 1, 2020 First Public Hearing Before maps are drafted by MONDAY Special Mapping tools available to demographer. Meeting public June 2, 2020 Second Public Hearing Before maps are drafted by Special Meeting Council input to demographer demographer. on districting criteria based upon first two hearings June 5, 2020 Deadline for submission of public maps. June 9, 2020 Post draft maps and potential At least 7 days before hearing. Regular Meeting sequence of elections June 16, 2020 Third Public Hearing Regarding content of draft Special Meeting maps and sequence of elections. June 19, 2020 Post any new or amended At least 7 days before hearing. maps and potential sequence of elections June 26, 2020 Fourth Public Hearing: Regarding content of draft FRIDAY Special Council selects map and maps and sequence of Meeting election sequence elections. (If no new or amended Selected map may not be maps, this meeting amended as there is not time can be moved back to for publication and another 6-23-20 regular public hearing before LA meeting date) Registrar's deadline. Page 4 of 7 Packet Pg. 108 12.a Date Event Comment June 29, 2020 Fifth Public Hearing: Urgency Ordinance adopted. MONDAY Special Introduce & vote on Urgency Meeting Ordinance June 30, 2020 LA County Registrar deadline for receiving district boundary file 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 5 of 7 Packet Pg. 109 12.a Exhibit B Alternate Schedule Possible COVID-19 Adiustments URGENCY ORDINANCE & E.C. 10010 Timelines Observed Timeline: Consideration and Implementation of By -District Elections (All meetings in Council Chambers at City Hall) Date Event Comment March 20, 2020 City Council adopts Period of time for publicity of Special City Council Resolution declaring its districting process before first Meeting-5 p.m. intention to transition from at- Public Hearing. large to by -district elections March 23, 2020 45 Day EC 10010(e) deadline March 21 — May 31, COVID-19 Hiatus; Presumes SAFE HARBOR TOLLED — 89 Safer -at -Home Lifted 6-4-20 2020 DAYS REMAINING June 5, 2020 First Public Hearing Before maps are drafted by FRIDAY Special Mapping tools available to demographer. Meeting public June 6, 2020 Second Public Hearing Before maps are drafted by SATURDAY Special Council input to demographer demographer. Meeting on districting criteria based upon first two hearings June 9, 2020 Deadline for submission of public maps. June 12, 2020 Post draft maps and potential At least 7 days before hearing. sequence of elections June 19, 2020 Third Public Hearing Regarding content of draft FRIDAY Special maps and sequence of Meeting elections. June 21, 2020 Post any new or amended At least 7 days before hearing. maps and potential sequence of elections June 28, 2020 Fourth Public Hearing: Regarding content of draft SUNDAY Special Council selects map and maps and sequence of Meeting election sequence elections. (If no new or amended Selected map may not be maps, this meeting amended as there is not time can be moved back to for publication and another 6-23-20 regular public hearing before LA meeting date) Registrar's deadline. Page 6 of 7 Packet Pg. 110 12.a Date Event Comment June 29, 2020 Fifth Public Hearing: Urgency Ordinance adopted. MONDAY Special Introduce & vote on Urgency Meeting Ordinance June 30, 2020 LA County Registrar deadline for receiving district boundary file 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 7 of 7 Packet Pg. 111