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Home My WebLink About2021-11-09 - AGENDAS - SPECIAL CITY OF SANTA CLARITA CITY COUNCIL SPECIAL MEETING Tuesday, November 9, 2021 5:00 PM City Council Chambers 23920 Valencia Blvd. Santa Clarita, CA 91355 AGENDA CALL TO ORDER ROLL CALL PUBLIC PARTICIPATION FOR AGENDIZED ITEMS Pursuant to Government Code section 54954.3 members of the public are afforded one minute (with double the time allotted to non-English speakers using a translator) to address the legislative body concerning any item that has been described in the special meeting agenda. CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Government Code Section 54956.9(d)(2) - Based upon letter dated October 19, 2021, from Attorney Scott Rafferty concerning the California Voting Rights Act (CVRA) CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION Government Code Section 54956.9(d)(1) Case Name: Sand Canyon Management, L.P. et al. v. City of Santa Clarita et al. United States District Court Case No. 2:21-cv-08388-DSF-RAO CONFERENCE WITH LABOR NEGOTIATOR Government Code Section 54957.6 Agency Negotiator: City Manager or designee Unrepresented Employees: All positions not represented by SEIU Local 721 Government Code Section 54957.6 Agency Negotiator: City Manager or designee Represented Employees: All positions represented by SEIU Local 721 RECESS TO CLOSED SESSION - TO BE HELD IN THE CENTURY ROOM RECONVENE TO OPEN SESSION CITY ATTORNEY ANNOUNCEMENT ADJOURN NOTICE OF SPECIAL MEETING CITY OF SANTA CLARITA CITY COUNCIL A SPECIAL MEETING OF THE CITY COUNCIL OF SANTA CLARITA WILL BE HELD ON THE 9TH DAY OF NOVEMBER AT 5:00 PM IN THE COUNCIL CHAMBER LOCATED ON THE FIRST FLOOR OF THE CITY HALL AT 23920 VALENCIA BLVD., SANTA CLARITA, CALIFORNIA, FOR THE PURPOSE OF HOLDING A CLOSED SESSION TO CONSIDER THOSE ITEM(S) LISTED ON THE ATTACHED AGENDA. ______________________________ Bill Miranda, Mayor STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss CITY OF SANTA CLARITA ) I, Mary Cusick, City Clerk, do hereby certify that a copy of the Notice of Special Meeting of the City Council of the City of Santa Clarita, CA, to be held on the 9th day of November 2021, at the hour of 5:00 PM was delivered and posted pursuant to Government Code 54956. ______________________________ Mary Cusick City Clerk Dated: November 4, 2021 Page 2 October 19, 2021 Mayor Bill Miranda City Hall 23920 Valencia Blvd., Suite 300 Santa Clarita, CA 91355 via electronic mail Re: Voting Rights Litigation Dear Mayor Miranda: In all of my prior communications regarding the California Voting Rights Act (CVRA), I have emphasized that my clients were not threatening litigation. Rather, we expected the council to collaborate in bringing the city into compliance with the law through the collaborative process set forth in Section 10010. Nineteen months ago, you promised your constituents that you would do precisely that, specifically prohibiting any delay, except as required by the pandemic. This letter is, however, different and does anticipate litigation. You must adopt an ordinance requiring district elections and either accept the proposed map or schedule a public hearing at which your constituents can suggest improvements. Otherwise, my clients, acting on behalf of the voters of Santa Clarita, will promptly file an action to enjoin further at-large elections. Over the past 19 months, you have repeatedly met in closed session on this issue, never seeking guidance from your constituents. Other jurisdictions successfully used teleconference hearings to comply in critical 2020 elections, so that council members elected in accordance with the law could represent historically disenfranchised communities in the redistricting process. It would be a travesty for the incumbents, two of whom were elected in the twentieth century, to draw lines that perpetuate the status quo for another decade. Through your delay, you have lost the right to control the drawing the districts. Dpnnvojdbujpo;!Sbggfsuz!Mfuufs!!)DPOGFSFODF!XJUI!MFHBM!DPVOTFM!.!BOUJDJQBUFE!MJUJHBUJPO* I am grateful to the City Clerk Cusick for providing records of the 2014 settlement with attorney R. Rex Parris, Esq., in which members Smyth, Weste, and Communication: October 19, 2021 Rafferty Letter (CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION) money to keep at-large elections. The settlement was structured so that Mayor Parris received ³µ¸« Packet Pg. 3 Qbdlfu!Qh/!4 Rafferty to Miranda, October 19, 2021, page 2 the court did not accept alternative remedy, and conveniently allowed the council incumbents to maintain at-large elections. It is a fantasy to think that the council can again use public funds to buy their way out of conducting the competitive elections that are required by law. Competitive elections will benefit voters of all races and are essential to restore integrity and accountability to Santa Clarita city government. Last year, you defiantly refused to wear a mask during council meetings or even to distance yourself from former member Keller, while hypocritically invoking an Executive Order to excuse the council from performing the one duty it most feared. Now that the Executive Order has o expired, the council has revealed that it never intended to fulfill its promise to reform the electoral system. We presented compelling evidence of racially polarized voting in our initial petition. The 2020 election strengthens that proof. Less than 12% of Latinos supported the only incumbent who sought reelection. Not only are Latino and Asian voters unlikely to retain incumbents who have denied their voting rights; a new generation is increasingly willing to embrac candidate almost came within one percent of winning at-large. It would violate your oath of office to fight the transition to legal, by-district elections, which the council committed to achieve on March 19, 2020. Breaking the promise you made to your constituents would also waste substantial public funds, because you have no conceivable defense to legal action. If you do not place this matter on the public agenda for your next regular meeting on October 26, 2021, my clients will assume that we have exhausted all attempts to avoid litigation. Sincerely, Scott J. Rafferty Dpnnvojdbujpo;!Sbggfsuz!Mfuufs!!)DPOGFSFODF!XJUI!MFHBM!DPVOTFM!.!BOUJDJQBUFE!MJUJHBUJPO* Communication: October 19, 2021 Rafferty Letter (CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION) Packet Pg. 4 Qbdlfu!Qh/!5 Rafferty to Miranda, October 19, 2021, page 3 2020 adj % Latino CITIZENS OF VOTING AGE populationpopLatinoWhiteAsianBlack 14503058.1%45.1%39.5%9.1%5.8% 24555136.1%27.4%51.3%12.4%6.2% 34726128.7%25.3%56.5%11.1%4.0% 44487622.1%17.9%63.4%12.7%3.7% 54644036.1%21.1%51.3%12.0%5.6% 229158 Dpnnvojdbujpo;!Sbggfsuz!Mfuufs!!)DPOGFSFODF!XJUI!MFHBM!DPVOTFM!.!BOUJDJQBUFE!MJUJHBUJPO* deviation=5.3% Communication: October 19, 2021 Rafferty Letter (CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION) Packet Pg. 5 Qbdlfu!Qh/!6