2018-10-30 Adjourned - Laserfiche WebLink

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Councilmember Tinajero, motion to support Map D-2, seconded by Councilmember Sarmiento with comment. Councilmember Sarmiento, asked if ordinance changed at 2nd reading would require a first reading. Asked City Attorney to clarify effect of City Council map selection if the voters do not approve Charter Amendment AA that is being considered at the November 6, 2018 ballot. Special Counsel Kimberly Hall Barslow, noted plaintiff would be able to enter stipulated judgement with the court if voters do not approve ballot measure to change Charter and resulting court order requiring City Council to change Charter and to move forward to implement revised boundaries lines. Councilmember Sarmiento, indicated selection of map will survive election outcome and City Council would not be in breach of settlement agreement if voters reject measure. Councilmember Sarmiento, asked if there is a provision in the settlement agreement that requires present City Council to oversee map change. Special Counsel Barlow, outlined settlement agreement requirement to have City Council select a map and to take effect upon election approval or upon entry of stipulated judgment. Noted current City Council is authorized under the terms of the settlement agreement to select a map before a new City Council is seated or risk being in breach of agreement. Mayor Pro Tem Martinez, clarified it is not up to voters or new City Council to dictate how new wards should be drawn based on the settlement agreement. Special Counsel Barlow, confirmed City Council has option to select new ward boundaries and new maps may be chosen after 2020 census; noted any changes to boundary lines must comply with the law and redistricting after census tend to be minor. Mayor Pro Tem Martinez, indicated previous opposition to item and lack of taking comprehensive approach to address all concerns. Noted rapid change in the City, benefits of waiting until census takes place, and lawsuit directed to current City Council only. Councilmember Solorio, opined importance of coming into compliance with California Voters Right Act (CVRA), data reflects City has been disenfranchising Vietnamese and Asian American voters, and need to consider community interest in protecting lacy neighborhood and surrounding area. Noted difficulty in addressing all interests in one map. Councilmember Sarmiento, commented on importance of being receptive to the Asian community, noted process is an imperfect process, and need to ensure no detriment to the remaining community. Noted map will be reviewed after 2020 census. CITY COUNCIL MINUTES 5 OCTOBER 30, 2018