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10D - MIN MARCH 12
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10D - MIN MARCH 12
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3/15/2018 5:23:02 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Clerk of the Council
Item #
10D
Date
3/20/2018
Destruction Year
2023
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Councilmember Solorio, served on California Legislative and worked on California <br />Voting Rights Act; have watched other cities flight back, but no city has been <br />successful in fighting CVRA Demand; through demographic data opined that <br />Asian populations has been disenfranchised; need to remedy situation; supports <br />action of the City Council. <br />Councilmember Sarmiento, thanked staff and speakers for efforts on this matter; <br />public policy to be decided by the voters; current method of electing officials <br />dilutes vote; concerned with mayor veto power — courts to decide and need to <br />cure. <br />Councilmember Benavides, noted that there has been interest from members of <br />the community on the matter including a presentation to Comlink on how to place <br />Measures on the ballot; sense of urgency is the fact that we have three open seats <br />in November; <br />Acting Chair Tinajero, noted that council majority approved matter with a 4-3 vote; <br />Mayor did not sign the resolutions, concerned with blocking democratic process. <br />CLOSED SESSION REPORTABLE ACTION — City Attorney Carvalho, noted that <br />Charter stipulates that Mayor shall sign all resolutions and ordinances with no <br />exceptions provided; no veto power in the Charter; in the past the Mayor Pro Tem <br />has signed documents when the Mayor not available, however (in 2016) the <br />Torres vs Montebello case now cites that only legal remedy to obtain the Mayor's <br />signature is to seek a writ of mandate; Mayor or member of the public could have <br />sought a Declaratory Relief if believe to be illegal — courts do not look favorably <br />upon city clerks, city attorneys, city managers or mayors who take the law into <br />their hands and impede process. Reported that the City Council by unanimous <br />consent approved to seek relief from the court and obtain an order to compel <br />Mayor to execute the resolutions and also seek relief from County Registrar of <br />Voters to accept documents; outside counsel will be handling matter. <br />Councilmember Solorio, asked if open session action needed. <br />Clerk of the Council Huizar, indicated that Open Session item agendized in the <br />event that open session deliration required, but the City Council discussed and <br />provided staff direction and as reported out of Closed Session. <br />ADJOURNED- 3:25 P.M. The next meeting of the City Council is scheduled for Tuesday, <br />March 20, 2018 at 5:00 p.m. for the Closed Session Meeting immediately <br />followed by the Regular Open Business Meeting at 5:45 p.m. in the Council <br />Chamber, 22 Civic Center Plaza, Santa Ana, California. <br />Maria D. Huizar, <br />Clerk of the Council <br />SPECIAL CITY COUNCIL MINUTES 10 D-4 MARCH 12, 2018 <br />
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