12/08/2015 ANAHEIM CITY COUNCIL REGULAR MEETING OF DECEMBER 8, 2015
AND REGULAR AJOURNED MEETING OF DECEMBER 8, 2015
The regular meeting of December 8, 2015 was called to order at 3:00 P.M. and adjourned to
4:30 P.M. for lack of a quorum. The regular adjourned meeting of December 8, 2015 was called
to order at 4:34 P.M. in the chambers of Anaheim City Hall, located at 200 S. Anaheim
Boulevard. The meeting notice, agenda and related materials were duly posted on December
4, 2015.
PRESENT: Mayor Tom Tait and Council Members: Jordan Brandman, Lucille Kring, Kris
Murray and James Vanderbilt.
STAFF PRESENT: City Manager Paul Emery, City Attorney Michael Houston and City Clerk
Linda Andel.
ADDITIONS/DELETIONS TO CLOSED SESSION:
Michael Houston, City Attorney, reported Closed Session Item No. 1 involved anticipated
litigation with significant exposure based on facts and circumstances related to a personal injury
occurring on public property that might result in litigation against the City in which facts and
circumstances were known to the potential plaintiff.
PUBLIC COMMENTS ON CLOSED SESSION ITEMS:
William Fitzgerald stated a closed session item referring to the ACLU was an unnecessary
lawsuit, wasting tax dollars needed for other matters.
Lou Noble did not know the specifics of the closed session items, pointing out if any were
related to the Anaheim Police Department and unconstitutional laws regarding the homeless
population, the city should do the right thing and help those in need.
Cecil Jordan Corken, Outreach Homeless Ministries, reported on his outreach efforts.
At 4:44 P.M., Mayor Tait recessed to closed session.
CLOSED SESSION:
1. CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of
California Government Code Section 54956.9: One potential case
2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Section 54956.9 of the California Government Code)
Name of Case: American Civil Liberties Union of Southern California v. Anaheim Police
Department, OCSC Case No. 30-2015-00776141-CU-WM-CJC
At 5:15 P.M., Council returned from closed session and the meeting resumed.
City Council Minutes of December 8, 2015
Page 2 of 25
INVOCATION: Pastor Jason McBeath, Vintage Church
FLAG SALUTE: Council Member James Vanderbilt
ACCEPTANCE OF OTHER RECOGNITIONS(To be presented at a later date):
Proclaiming December 2015, as Drunk and Drugged Driving Prevention
Month
Proclaiming December 7, 2015, as Pearl Harbor Remembrance Day
Proclaiming December 10, 2015, as National Human Rights Day
ADDITIONS/DELETIONS TO THE AGENDA: None
PUBLIC COMMENTS (all agenda items, except public hearings): Prior to receipt of public
comments, a brief decorum statement was provided by City Clerk, Linda Andel.
Cecil Jordan Corkern, Outreach Homeless Ministries, offered a reading from the Gospel.
R. Joshua Collins, Homeless Advocates for Christ, recommended the homeless program
utilized in San Jose for Anaheim; that is, allowing churches to provide sanctuary during
inclement weather, allocating funds to house the homeless during winter, offering city-
sanctioned safe encampments and creating a city response homeless manager to help in that
effort.
Lou Noble, homeless advocate, remarked Anaheim was being left behind in managing the
homeless situation and identified several individuals and their challenges in finding shelter.
Mark Daniels, resident, recommended the City Council and Anaheim citizens denounce the
comments from a presidential candidate regarding those of the Muslim faith.
William Fitzgerald offered his personal negative opinion on Mayor Tait and his voting record.
Mike Robbins, resident, thanked the city for addressing the Ponderosa parking problem. He
added that area was now a good family neighborhood and would benefit from Council's
approval of Agenda Item No. 16.
Peter Giureiu, owner of building at 207 Mountain View, stated there were parking problems in
that area, with his tenants receiving numerous citations as they had nowhere else to park. He
supported approval of Agenda Item No. 16.
Martin Mercado, resident manager of the apartment complex in Ponderosa community,
submitted signatures from his community in support of Agenda Item No. 16.
Arturo Ferraras spoke in support of Martin Mercado who managed four apartment buildings in
the area, adding that Mr. Mercado had collected more than 200 signatures from his community
in support of the need for parking. He added the residents were committed to working with
management and city code for proper use of garages, parking in the alley and apartment use.
He added they were also committed to working with police department for community policing to
make their community more safe and secure and if permits were approved, they would be
responsible in payment for the permits.
City Council Minutes of December 8, 2015
Page 3 of 25
Ross Romero, businessman, spoke about the exclusion of Latino District 3 from voting in the
2016 election cycle. He reported MALDEF, the Mexican American Legal Defense and Education
Fund, indicated they were considering litigation against Anaheim, and commenting on their
numerous successful landmark cases. He added litigation would cost the city money, time and
frustration, urging the city to reconsider its vote on District 3 in the election sequence.
Vern Nelson, OJ Blog, addressed a number of matters, the Ballet Folklorico group from Anna
Drive that had been winning awards, the Poseidon desalination plant proposed for Huntington
Beach which he opposed stating Anaheim did not need this expensive energy intensive water
and his objection to combining the position of Finance Director and City Treasurer in Anaheim
that disposed of charter-mandated financial checks and balances.
Translation, Language: Spanish, Sandra V., Ponderosa community resident, urged the city to
approve Agenda Item No. 16 and reopen parking availability in her neighborhood.
Translation, Language: Spanish. Astrid Medina, spoke in support of Agenda Item No. 16 and
the need for parking in her neighborhood.
Translation, Language: Spanish. Gabriela Romero, Ponderosa community, also spoke in favor
of Agenda Item 16, explaining her personal challenges in finding parking in her neighborhood.
Bobby Donelson, Sherwood Village, supported approval of Agenda Item No. 16, explaining the
reason for taking away parking from the Leatrice/Wakefield area was no longer viable, and a
recent pilot program two or three streets east of that area was now permit parking. He believed
this was now a quality of life issue for the community and recommended approval of the item.
Translation, Language: Spanish. Esther, Ponderosa community, urged the city to return parking
to her community, citing her personal challenges with parking citations.
Jeanine Robbins reported residents understood the moratorium was in effect but wanted to
ensure the STR issue did not get lost amidst other issues facing the city. She pointed out an E-
Newsletter from the city stressed the need for residents to know their neighbors as an important
component of the city's emergency plan, adding that residents faced with the constant change
of vacation renters in their neighborhood, strengthening social connections was not an option.
Victoria Michaels, resident, remarked she had volunteered to go out with CityNet and the Police
Department to visit and offer aid to the homeless, adding that the officers and CityNet staff were
compassionate, kind and considerate of the homeless and the city could be proud of this
service. She addressed council decorum on the dais. She then translated her comments in the
Spanish language.
Translation, Language: Spanish. An unidentified speaker addressed parking concerns in the
Ponderosa community, asking council to hear the comments voiced and support Agenda Item
No. 16.
COUNCIL COMMUNICATIONS: None
CITY MANAGER'S UPDATE:
Paul Emery, City Manager, reported Public Works, Utilities and Public Safety had taken steps in
preparation of the anticipated storms to occur this winter and spring and announced staff would
City Council Minutes of December 8, 2015
Page 4 of 25
continue to reach out to the community informing them of the City's efforts and educating the
community on what they can do to prepare.
CONSENT CALENDAR: Mayor Tait removed Item Nos. 9 and 16 from the consent calendar
and indicated he would abstain on Item Nos. 11, 12 and 13 as his firm had worked with OCTA
this past year. Council Member Vanderbilt removed Item No. 19.
MOTION: Mayor Pro Tern Kring then moved to waive reading in full of all ordinances and
resolutions and to adopt the balance of the consent calendar as presented, in accordance with
reports, certifications and recommendations furnished each city council member and as listed
on the consent calendar, seconded by Council Member Brandman. Roll Call Vote: Ayes—5:
(Chairman Tait and Council Members: Brandman, Kring, Murray and Vanderbilt.) Noes—0.
Motion Carried
Regarding Item No. 8 on the consent calendar, City Clerk Linda Andel reported Mayor Pro Tern
Kring participated as a board member on the YMCA and had no financial benefit and therefore
could participate on the vote.
B105 1. Receive and file minutes of the Public Utilities Board meeting of October 28, 2015,
Cultural and Heritage Commission meetings of June 18, 2015 and October 15, 2015,
and Community Services Board meeting of September 17, 2015.
0117 2. Approve the 2016 Investment Policy for the City of Anaheim.
3. Approve recognitions to be presented at a later date recognizing Evelyn Hicks, 25 year
D116 director, choreographer and costume designer for the Dapper Tappers, the Anaheim
Police Volunteers Chaplain Corps for 25 years of service to the Anaheim community,
Neighborhood Council District Chairs and Vice Chairs for their service to the Anaheim
community and Nellie Hernandez, Anaheim resident, celebrating her 100th Birthday.
AGR-8327.0.1 4. Approve Contract Change Order No. 1 with Pro Tech Engineering Corp., in the amount
of$30,440.33, for traffic signal system improvements at Lincoln Avenue and Rio Vista
Street, Lincoln Avenue and Kingsley Street, Anaheim Shores Drive/Fairview Street and
La Palma Avenue, and Broadway and Loara Street, and authorize the Director of Public
Works to execute the Change Order and any related documents.
D180 5. Accept the lowest responsive and responsible bid from Boiler Tech Inc., in an amount
not to exceed $126,094 plus applicable tax, for the replacement of boiler units located at
the Anaheim Police Department Main Station, Downtown Community Center and
Downtown Anaheim Youth Center and authorize the Purchasing Agent to issue a
purchase order, in accordance with the scope of work, specifications, terms and
conditions of Bid #8593.
AGR-9540 6. Approve a License Agreement with the Anaheim City School District for non-exclusive
use of Ponderosa Family Resource Center for a term of five (5) years and authorize the
Director of Community Services to extend the agreement upon the same terms and
conditions for three (3) additional five (5) year terms upon expiration of initial term.
AGR-9541 7. Find and determine that entering into a Reimbursement Agreement with the Anaheim
City School District (District) to provide for reimbursement of certain costs associated
City Council Minutes of December 8,2015
Page 5 of 25
with feasibility or planning studies for the potential acquisition and development of land is
exempt from the provisions of the California Environmental Quality Act under Section
15262 of Title 14 of the California Code of Regulations and approve said
Reimbursement Agreement with the District for necessary due diligence studies on land
in the Platinum Triangle which could be used as a joint use school/park facility.
AGR 9542 8. RESOLUTION NO. 2015-279 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM authorizing the Director of Community Services or his designee
("Director") to accept all grants from KaBoom! on behalf of the City of Anaheim for the
installation and maintenance of playground equipment at Lincoln Park and authorizing
the Director to execute all required grant documents.
Authorize the Director of Community Services, or his designee, to act as the agent of the
City on all matters concerning this grant program and to accept future stipends and
funds received from KaBOOM! for maintenance of the playground equipment at Lincoln
Park.
Regarding Item No. 8 on the consent calendar, City Clerk Linda Andal reported that Mayor Pro
Tern Kring participated as a board member on the YMCA and had no financial benefit and
therefore could participate on the vote.
D175 10. RESOLUTION NO. 2015-281 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM designating the north side of Cerritos Avenue from Garza
Street to 2481 W. Cerritos Avenue as "Permit Parking Only" streets within Permit-
Eligible Parking District No. 37 ("Cerritos Garza Lullaby Neighborhood").
D175 11. RESOLUTION NO. 2015-282 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM authorizing the Director of Public Works or designee to submit
two improvement project's grant applications to the Orange County Transportation
Authority for funding under Project 0-The Regional Capacity Program under Measure
M2 on behalf of the City of Anaheim, and if awarded, authorizing the acceptance of such
grant on behalf of the City and amending the budget for fiscal year accordingly.
Mayor Tait abstained on this item. MOTION: K/B to approve. ROLL CALL VOTE: AYES— 4:
(Mayor Pro Tem Kring and Council Members Brandman Murray, and Vanderbilt). NOES— 0.
ABSTENTION— 1: Mayor Tait. Motion Carried.
D175 12. RESOLUTION NO. 2015-283 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM approving the submittal of the Brookhurst Street Corridor
Traffic Signal Synchronization Project to the Orange County Transportation Authority for
funding under the M2 Regional Traffic Signal Synchronization Program, and if awarded,
authorizing the acceptance of such grant on behalf of the City and amending the budget
for the fiscal year in which the grant is awarded.
Mayor Tait abstained on this item. MOTION: K/B to approve. ROLL CALL VOTE: AYES—4:
(Mayor Pro Tern Kring and Council Members Brandman Murray, and Vanderbilt). NOES—O.
ABSTENTION— 1: Mayor Tait. Motion Carried.
0175 13. RESOLUTION NO. 2015-284 A RESOLUTION OF THE CITY COUNCIL OF and
Traffic Signal Synchronization Project to the Orane County Transportation Authority for
funding under the M2 Regional Traffic Signal Synchronization Program, and if awarded,
City Council Minutes of December 8, 2015
Page 6 of 25
authorizing the acceptance of such grant on behalf of the City and amending the budget
for the fiscal year in which the grant is awarded.
Mayor Tait abstained on this item. MOTION: K/B to approve. ROLL CALL VOTE: AYES— 4:
(Mayor Pro Tern Kring and Council Members Brandman Murray, and Vanderbilt). NOES— 0.
ABSTENTION— 1: Mayor Tait. Motion Carried.
D175 14. RESOLUTION NO. 2015-285 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM designating Riviera Street from Romneya Drive to the end of
the cul-de-sac and Raleigh Street from Romneya Drive to the end of the cul-de-sac as
"Permit Parking Only" street within Permit-Eligible Parking District No. 35.
D175 15. RESOLUTION NO. 2015-286 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM establishing Permit-Eligible Parking District No. 41 (Coolidge
Monroe Tyler Polk) and determine the action is exempt from the California
Environmental Quality Act (CEQA) pursuant to Regulation No. 15061(b)(3).
17. RESOLUTION NO. 2015-288 A RESOLUTION OF THE CITY COUNCIL OF
R100 THE CITY OF ANAHEIM authorizing the destruction of certain City records more than
two years old (Planning and Building Department).
C280 18. ORDINANCE NO. 6350 (INTRODUCTION) AN ORDINANCE OF THE CITY OF
ANAHEIM amending the zoning map referred to in Title 18 of the Anaheim Municipal
Code relating to zoning (Reclassification No. 2015-00283) (DEV2015-00087) (229-301
West Vermont Avenue; rezoning from RS-2 Single-Family Residential Zone to RS-3
Single-Family Residential Zone).
C280 20. ORDINANCE NO. 6352 (INTRODUCTION) AN ORDINANCE OF THE CITY OF
ANAHEIM amending certain sections of Chapter 18.30 (Downtown Mixed Use (DMU)
Overlay Zone) of Title 18 (Zoning) of the Anaheim Municipal Code (Zoning Code
Amendment No. 2015-00124).
END OF CONSENT CALENDAR:
9. RESOLUTION NO. 2015-280 A RESOLUTION OF THE CITY COUNCIL OF
0116 THE CITY OF ANAHEIM delegating power to appoint and remove the City Treasurer to
the City Manager; combining the powers and duties of the offices of City Treasurer and
Finance Director in one person, subject to limitations provided herein, to allow
consolidation of fiscal administration positions and responsibilities; and making findings
with respect thereto.
Approve the appointment of Deborah A. Moreno to the position of City Treasurer
effective December 22, 2015.
Mayor Tait remarked traditionally in Anaheim there were two separate positions, the City
Treasurer reporting directly to the City Council and the Finance Director reporting to the City
Manager who subsequently reported to the Council. He explained that at the last election the
Council put Measure C on the ballot which he opposed at that time because he did not think the
measure was clear to the voters and that it was meant to give City Council the authority to
consolidate those two positions. He pointed out that Measure C had four or five items on it,
City Council Minutes of December 8, 2015
Page 7 of 25
which he felt was confusing to the voters and referred to the "single issue rule" stating that he
continued to believe this item should have been a single issue measure on the ballot. The
results of that ballot measure were now before Council with the City Manager proposing
consolidation of both the Treasurer's position and the Finance Director position.
Paul Emery, City Manager, announced Kristine Ridge, Assistant City Manager, and City
Treasurer Hank Stern would present tonight's item.
Ms. Ridge explained this item was a recommendation from the City Manager's office to
consolidate and streamline certain fiscal responsibilities. She highlighted the various areas the
city had been streamlining functions, such as transferring the business license division to the
Planning Department. She indicated that some of the accounting duties performed by the City
Treasurer were given to the Finance Department as well as giving the oversight of some of the
employees' savings plan to the HR Department. She remarked there was an opportunity to
streamline fiscal administration and provide for an annual cost savings of approximately
$400,000, the result of actions taken by the voters when they approved Measure C as a charter
amendment on the June 2014 ballot.
Ms. Ridge indicated this charter amendment provided flexibility for the Council to delegate the
appointed power over the City Treasurer to the City Manager and allow for one individual to hold
both the City Treasurer and Finance Director title, basically making the treasury responsibilities
of cashiering and investments a sub function of the Finance Department which was consistent
with the structure of several other jurisdictions including Los Angeles, San Jose, Fresno, Santa
Ana, Fullerton, and Newport Beach. She added that for Sacramento and Long Beach, while
there was still a Treasurer position, those individuals worked under the direction of the top
finance official. She added staff had also discussed the potential consolidation of these
functions with the external auditors to help ensure internal controls were not only maintained but
strengthened and would continue to monitor and work closely with external auditors to insure
the controls were operating properly and continued to do so.
Ms. Ridge explained the recommended actions from the adoption of a resolution would do the
following: delegate the appointed power over the City Treasurer to the City Manager, allow for
the duties of both offices to be held by one individual, and establish the necessary internal
controls and thereafter the monitoring of these internal controls. The second item being
requested was for approval of a motion that would confirm the appointment of Debbie Moreno to
the position of City Treasurer upon the retirement of Hank Stern.
Mayor Tait asked Mr. Stern if a large portion of his duties was managing the city's investment
funds. Mr. Stern responded that on a typical day, he managed a range of$300,000 to $400,000
and the total funds under his management was an investment portfolio of about $420 million,
the decommissioning trust of about $128 million, and the annual cash flow though the bank on
receipts of about $2 billion. Mayor Tait emphasized the separation of powers, checks and
balances that were needed when that amount of funds were managed should reflect two
separate, independent bodies that did not report to the City Manager, and for that reason he
would opposed the item.
Council Member Vanderbilt remarked it appeared that the mayor's argument was there could be
some conflict of responsibility, asking what positions would be considered as incompatible
positions mentioned in the staff report. Michael Houston, City Attorney, remarked the doctrine
of incompatible offices was established by statute as well as interpretations by the courts and
City Council Minutes of December 8, 2015
Page 8 of 25
some cities have found that the Chief of Police and the City Manager or the City Attorney and
the City Manager were incompatible positions. In addition an attorney general opinion had
concluded the City Clerk and the City Manager were not incompatible offices and that per the
Government Code, the City Clerk could delegate the financing and accounting positions to a
City Finance Director.
Mayor Tait reminded the Council about the Orange County Bankruptcy, about 20 years ago
when he was appointed to the City Council. He stated Anaheim was the largest investor in that
pool of funds of about $190 million in which the Finance Director and the Treasurer invested in;
an event that one of those bodies should have caught which was one of the reasons he was
cautious about the consolidation of these positions. Having separate positions would provide
for another check that the city's funds were being wisely invested and not placed in risk
investments.
MOTION: Mayor Tait then moved to oppose the resolution and receiving no second, the motion
failed.
MOTION: Mayor Pro Tern Kring moved to approve staff's recommendation by approving
RESOLUTION NO. 2015-280, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM delegating power to appoint and remove the City Treasurer to the City Manager;
combining the powers and duties of the offices of City Treasurer and Finance Director in one
person, subject to limitations provided herein, to allow consolidation of fiscal administration
positions and responsibilities; and making findings with respect thereto and to approve the
appointment of Deborah Moreno as recommended, seconded by Council Member Murray.
DISCUSSION: Council Member Vanderbilt inquired if other cities had similar circumstances as
the two positions that were proposed for Anaheim. Ms. Ridge responded there were currently
four City Council appointees that were "at will" positions and if this proposed action was
approved, it would mean the executive team members were all "at will" positions. Specific to the
question were there other cities with similar circumstances, she could provide that information to
council but did not have the data available tonight.
ROLL CALL VOTE to approve the resolution and the appointment of Deborah Moreno to the
position of City Treasurer, effective December 22, 2015: AYES —4: (Mayor Pro Tern Kring and
Council Members: Brandman, Murray and Vanderbilt). NOES— 1: Mayor Tait. Motion Carried.
16. RESOLUTION NO. 2015-287 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM rescinding Resolution 95R-59 designating the area located
D175 generally north of Orangewood Avenue and east of Haster Street as a "No Parking"
area.
Mayor Tait remarked that 20 years ago he was serving on the City Council when a parking ban
was implemented in this area as a means to control criminal activities in that community, adding
that 20 years later this was a different neighborhood. He thanked staff and the community for
bringing up this issue, explaining the impacts of the parking ban and the fact it was no longer
needed.
MOTION: Mayor Tait then moved to approve RESOLUTION NO. 2015-287, A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF ANAHEIM rescinding Resolution 95R-59
City Council Minutes of December 8,2015
Page 9 of 25
designating the area located generally north of Orangewood Avenue and east of Haster Street
as "No Parking" area, seconded by Mayor Pro Tern Kring.
DISCUSSION: Ms. Kring thanked the community for bringing this to the attention of the city,
adding that she was regularly in that neighborhood and had seen the pride of ownership of its
residents. Council Member Vanderbilt thanked the Chief of Police and staff, remarking he had
attended the Cops meeting at the Ponderosa School and that the parking issue was a
discussion point at that time. He was pleased that staff was able to facilitate this change so
quickly and that the community had voiced their opinions as well.
ROLL CALL VOTE: AYES—5: (Mayor Tait and Council Members Brandman, Kring, Murray
and Vanderbilt). NOES—0. Motion Carried.
19. ORDINANCE NO. 6351 (INTRODUCTION)AN ORDINANCE OF THE CITY OF
C280 ANAHEIM amending various sections, tables and chapters of Title 18 (Zoning) of the
Anaheim Municipal Code (Zoning Code Amendment No. 2015-00129) (DEV2015-00095)
(related to automotive sales agency offices, floor area ratios, special area setbacks,
commercial placemaking uses, projecting signs and coordinated sign programs).
Council Member Vanderbilt remarked there were a number of changes made to the Zoning
Code in 2004 and over time it had been piecemeal, asking staff to explain what prompted this
particular change.
David Belmer, Planning Director, responded that the amendments addressed matters that came
about as a result of a real world scenario and experiences staff was encountering. This
amendment made it easier for auto dealers and brokers with no cars on site to operate with a
regulatory permit versus a conditional use permit which saved time and money. Mr. Vanderbilt
asked it this amendment qualified dealers for the tax incentive program for car dealerships. Mr.
Emery indicated that Mr. Belmer was not on staff when the car dealership program was
approved and implemented, adding that he did not believe it applied as the incentive had to do
with the number of employees, square footage, and did not contemplate a sale without an
inventory model.
MOTION: Mayor Pro Tern Kring then moved to introduce ORDINANCE NO. 6351, an
Ordinance of the City of Anaheim amending various sections, tables and chapters of Title 18
(Zoning) of the Anaheim Municipal Code (Zoning Code Amendment No. 2015-00129)
(DEV2015-00095) (related to automotive sales, agency offices, floor area ratios, special area
setbacks, commercial placemaking uses, projecting signs and coordinated sign programs),
seconded by Brandman. ROLL CALL VOTE: AYES—5 (Mayor Tait and Council Members:
Brandman, Kring, Murray and Vanderbilt). NOES—0. Ordinance introduced.
Without Council objection, Mayor Tait moved to consider Agenda Item No. 23 prior to Item Nos.
21 and 22.
PUBLIC HEARINGS:This public hearing was considered at 6:33 P.M.
City Council Minutes of December 8,2015
Page 10 of 25
23. This is a public hearing regarding, and that may include, the consideration, discussion,
modification and action to adopt an ordinance approving the City Council districting map
recommended in the Final Report of the Anaheim Advisory Committee on Electoral
E127 Districts identified as"Recommended Plan (Map 3)," identifying four City Council
districts that will hold elections in 2016 and two City Council districts that will hold
elections in 2018, and addressing such other matters contained therein related to
formation of six City Council districts.
ORDINANCE NO. (ADOPTION) AN ORDINANCE OF THE CITY OF
ANAHEIM amending Title 1 of the Anaheim Municipal Code to add Chapter 1.26
(Election of City Council members and Establishment of Council Member Electoral
Districts) to establish districts for electing members of the Anaheim City Council "by
districts" and election dates for Council districts commencing with the November 8, 2016
general municipal election (Introduced at the Council meeting of November 17, 2015,
Item No. 14).
City Attorney Michael Houston introduced Justin Levitt, the city's demographer, and former
County Counsel Ben DeMayo. He indicated that the ordinance before Council for adoption
would convert the city's election of Council Members from "at Large" to "by districts" starting with
the 2016 election. The ordinance would adopt the districting plan recommended by the
Advisory Committee on Electoral Districts as directed by this Council and would also place
Districts 1, 2, 4 and 5 on the 2016 ballot with Districts 3 and 6 to go on the 2018 ballot as
directed by council at their November 17th meeting. He explained that on December 3, 2015,
the city received a letter from MALDEF challenging the election sequencing in the ordinance
and urging Council to order District 3 to hold an election in 2016. The letter stated the failure to
do so might violate the Federal Voting Rights Act and Equal Protection Clause. Mr. Houston
added that he, along with districting counsel Ben de Mayo and outside election counsel, had
reviewed MALDEF's letter and it was their collective opinions that the ordinance as proposed
was compliant with section 2 of the Voting Rights Act and met constitutional requirements. He
further stated the attorneys did not believe the MALDEF letter accurately presented the record
in this map's adoption which included testimony regarding the viability of District 3, 4 and 5 or
the state of the law. Mr. Houston pointed out that if for some reason any substantial
amendments were made to this ordinance tonight with respect to district sequencing, an
additional hearing would be required to adopt the ordinance as amended.
Mayor Tait opened the public hearing.
William Fitzgerald emphasized there would be no election in District 3 until 2018 and stated his
personal political beliefs as to why this would be the case.
Mark Daniels, resident, remarked Anaheim's voters overwhelming approved Measures L and M
in the November 2014 election specifically because the people wanted representation in the
Latino communities and that effort should be honored by the City Council. He recommended
council rescind their previous election sequencing and put Districts 1, 3, 4 and 5 up for election
in 2016.
Rabbi Stephen Einstein, CLUE, Clergy & Laity United for Economic Justice, stated Anaheim
had been wrestling with a difficult and contentious issue for some time, a matter that went to the
court system and was now up to the city to implement and go forward. He requested Council
ensure those who had not been fully represented in the past get that representation at the
City Council Minutes of December 8,2015
Page 11 of 25
earliest possible opportunity and that Districts 3, 4 and 5 get their chance sooner rather than
later.
Martin Lopez, resident, remarked a lawsuit had determined Anaheim Latino voters had been
denied a vote and that their votes had been polarized for a long time. He added the Advisory
Committee recommended a map that provided one majority Latino district and two plurality
districts. He urged Council to reconsider their action and give the people in Districts 3, 4 and 5
the opportunity to elect a candidate of their choice as soon as possible. He then translated his
comments into Spanish.
The City Clerk announced there were technical issues with the five streaming video and that it
was working intermittently, however, for the public's information, it would be available on the
city's website tomorrow morning.
Jack Miranda, CLUE, remarked there was a faith community that respected government,
respected the City Council's position and urged the city to make the right decision regarding
District 3 and to do so expeditiously.
Henry Vandermeir, Chair of the Democratic Party of Orange County, read a resolution that was
passed by his organization on November 17, 2015 strongly opposing the exclusion of District 3
for election in 2016 and urging Council Member Brandman to reverse his vote. On a personal
note, he urged Council to do the right thing and include District 3 on the 2016 ballot.
Vern Nelson remarked the reasons given for excluding District 3 from the ballot in 2016 did not
make sense to him and he urged Council Member Brandman to reverse his vote and avoid
another expensive lawsuit against the city.
Pedro Rabadan, District 3 resident, expressed disappointment that District 3 elections would not
be held in 2016, expressing the public had been expecting to see that become a reality.
Ada Tamayo, resident, expressed how disappointing it was to those in the community who
worked hard for Measures L and M when the Council majority omitted District 3 from election in
2016, the only majority Latino district. She urged Council to reconsider and then translated her
comments in Spanish.
Ada Briceno remarked OCCORD and its allies, ten community organizations and unions had
been speaking to people about the districting maps. She witnessed the process with the five
retired judges and hundreds of people who spoke from every district to rally behind a single map
that was intended to have three out of six districts stand for the disenfranchised. She added, to
deny the largest district from election in 2016 was seen as taking that opportunity away from the
people.
Brendan Hamme, ACLU staff attorney, addressed the importance to hear from and listen to the
people who had long waited for a meaningful voice in city government. The ACLU/Moreno
lawsuit and settlement agreement identified the need to provide the Latino community with an
opportunity to elect candidates of their choice and delaying elections in the single majority
Latino district went against the spirit of the settlement agreement and the will of the voters. He
stated District 3 must be up for election in 2016 to avoid further litigation that was sure to follow
if not included.
City Council Minutes of December 8, 2015
Page 12 of 25
Mike Robbins supported Districts 1, 3, 4 and 5 for election in 2016 remarking that no matter
what the political reasons were for doing otherwise, this would give the public what they wanted
and was the right action to take.
Translation, Language: Spanish. Maria Munoz, resident, spoke of her disappointment that the
majority Latino district was left out of the next voting cycle. She hoped Council would
reconsider and include Districts 3, 4 and 5 in 2016.
Lou Correa, former State Senator, spoke to the need to include District 3 in the 2016 election
cycle. From a political perspective, he stated the voters that approved "by district" elections
wanted an opportunity to vote in 2016 and it made sense that District 3, as the majority Latino
district, should be included. From a legal standpoint, he pointed out there had been discussion
by MALDEF, LULAC and others regarding legal action over District 3 for being excluded in
2016, an expensive path to take with an unpredictable outcome. He urged Council to include
District 3 on the 2016 ballot.
Bobby Donelson, District 4 resident, remarked that every person who had spoken at the
previous public hearing asked for Districts 1, 3, 4 and 5 for the 2016 election with none
advocating for Districts 2 or 6. He believed Council should honor the people's request and not
take a chance on a costly legal battle.
Martin Mercado stated he was here in honor of his father, Gilbert Mercado, who faced
discrimination as a first generation American and taught his son to stand up against it and to
him, omitting District 3 from the 2016 election, was discrimination. He believed District 3
deserved to have a representative from their district focused on their issues and urged council
to reconsider their decision.
Ricardo Toro, Rio Vista neighborhood, took offense at a comment made that because a council
person was half-Latino that should suffice for District 3 residents, when in reality, he voted for
candidates because they represented his concerns and not because of their race. He believed
that by excluding District 3 from the 2016 election, those residents were marginalized from the
political process and urged Council Member Brandman to vote to include District 3 on the 2016
ballot.
Joanne Sosa opposed the actions of the council majority in denying the public any hope of
representation both in the ability to vote and to have their voices heard and recognized when
they came to this microphone. She spoke to the courage it took to speak at public meetings
especially when an issue was contentious and found it odd that no person publicly proposed
any alternative scenarios for the district elections. She also had no faith that the council majority
would overturn their decision and include District 3 in 2016.
Benita Gagne, President of Anaheim Republican Assembly, remarked that following her
comments, Victoria Michaels would interpret them in Spanish. She stated America was founded
on the principle of liberty and justice for all, and including District 3 in the 2016 election had
nothing to do with fairness but was a fiscally prudent option that would save Anaheim from
another costly and time-consuming lawsuit. She requested council members who voted for
District 2 to seriously consider changing their vote based on this financial consideration. Those
comments were then translated into Spanish by Victoria Michaels.
City Council Minutes of December 8, 2015
Page 13 of 25
Jose Paulo Macquales, Loara High School, stated he was teaching a new class called Ethnic
studies and part of the curriculum was to look at community issues and democracy in action for
the last two years. Students had volunteered to register citizens, attended the advisory
committee special hearing meetings and supported District 3 elections in 2016. He urged the
Council to let those residents vote as he wanted his students to continue to believe in the
political process.
Marisa Ramirez, District 2 resident, remarked she had been proud of her efforts in mobilizing
the community in support of Measures L and M, urging Council not to add more roadblocks by
excluding District 3, the highest Latino citizen voting age population that was crucial to those
seeking representation and the reason why voters were pushing for district elections in the first
place. She stated if District 3 was excluded, the work would continue until residents were able
to elect officials to represent their communities.
Myrvette Juda stated she was saddened to hear that District 3 was not included in the 2016
election, because as a volunteer, she had gone door to door and heard residents say their
voices were not heard and that the city did not care about their concerns. She added she was
from the middle east, resided and cared about District 2 but was here to support the inclusion of
Districts 3, 4 and 5 on the 2016 ballot because if it was not for those voters, Measures L and M
would not have passed.
Ted Pearl, member of Democratic Central Committee of OC representing 68th district, stated
this was an issue for Americans, not just Anaheim residents. It spoke of the value of democracy,
justice, and participation. He urged Council Member Brandman to change his vote as a member
of the Democratic Party and its principles. He then offered his comments in Spanish as well.
Ms. Valencia remarked she lived in Anaheim and worked at Disneyland, and strongly urged
Council to include three Latino districts in the 2016 election.
Jose Robles, Mira Loma resident, agreed with many of the speakers that Districts 1, 3, 4 and 5
should be up for a vote in 2016 as the purpose of districting was to give the communities in
central Anaheim a chance to elect a representative of their choice because these were the most
economically disadvantaged areas and deserved a vote in 2016.
Victoria Michaels, asked Council to give the public what they wanted and allow Districts 1, 3, 4
and 5 to have elections in 2016 and to also change the city charter with the intention of requiring
a council candidate to have a three to four year residency requirement before running for city
council.
Jose Moreno, District 3 resident, commented that Los Amigos of Orange County had met
weekly for over 38 years for the sole purpose to provide help to others in the community. Its
members were lawyers, doctors, parents, residents, school board members, and elected
officials, bringing the communities together. He offered data on the breakdown of District 3
population; that it was not only the majority Latino district at 72 percent, it had the largest share
of Latinos of voting age at 66 percent, 50 percent of the population that earned less than
$50,000 a year, and one of the most starved districts in need of a voice or voices to take into
account their experience. He added that District 4 was just below those numbers by one or two
percentage points on poverty and high density housing and was why the people wanted District
3 and 4 to be included along with District 5 as it was the furthest away from central Anaheim.
He urged a unanimous vote by the City Council.
City Council Minutes of December 8, 2015
Page 14 of 25
Cynthia Ward voiced her dislike for the council majority's action to keep the majority Latino
District under the "at large" system for another two years, a form of reprisal in her opinion, in
order to retain political power. She also spoke of her public records lawsuit and subsequent
events that occurred when a staff person under penalty of perjury submitted false information to
the court and part of that lawsuit was dismissed.
Greg Diamond indicated when Council voted to approve the recommended district map, a
number of the same people were present from OCCORD, OCCCO and others who felt their
voices had been heard and they would no longer be disenfranchised. That was no longer the
case with the exclusion of District 3 on the 2016 ballot. He did not agree with the rationale for
the sequencing of the districts in 2016, emphasizing that the issue was solely about the people
of District 3 being able to choose the representative of their choice and not about keeping a
particular person off the city council. With regard to the sequencing choices being defensible in
court, he disagreed with the City Attorney's opinion that such a lawsuit had to be based on long
term electoral history and that there was no history with these districts. It was his understanding
that a lawsuit could be brought based on animus, i.e., hostility towards a particular group stating
that animus was reflected in Council Member Jordan Brandman's letter.
Jeff Letourneau spoke in support of Districts 1, 3, 4 and 5 for election in 2016. He addressed
personal and professional comments to Council Members Brandman, Murray and Kring, stating
their obligation to defend all groups.
With no other comments offered, Mayor Tait closed the public comment portion of the meeting
and requested council discussion on the matter.
Council Member Vanderbilt thanked everyone for participating in the discussion, adding that he
had heard the various speakers on this issue and understood the comments made. Elected in
2014 for an "at large" four-year" seat citywide, he stated that in his campaign statement he
emphasized living in three areas of the city in three different zip codes and hoped the voters
would take that into consideration as they considered him as an "at large" candidate. Mr.
Vanderbilt then informed the public that he had moved west of Euclid into a community in which
he had worked weekends and week days since August and hoped Council would do the right
thing and give District 3 the chance to vote in November 2016.
Council Member Brandman read a statement into the record indicating he had endorsed
Measures L and M and had actively worked for their passage. As the process moved forward
with the recommended district map unanimously approved and the sequencing of the district
election cycle considered and approved on a 3:2 vote, he explained it became clear to him that
the problem was with the recommended district map - by having to choose between ensuring
under represented communities had an opportunity to elect their candidate of choice in 2016
and geographic equity. After further review and discussions with community leaders, he
believed that not having a map with two Latino Citizen Voting Age Population (CVAP) majority
districts on the ballot in 2016 could expose the city to further lawsuits.
MOTION: Council Member Brandman moved to postpone indefinitely the consideration of the
proposed ordinance and moved to direct staff to set up a new series of hearings beginning in
January 2016 for further consideration of maps that were already submitted to the advisory
committee that included two or more Latino majority CVAP. Mr. Brandman felt there were
sufficient alternative maps that had already been submitted to achieve the objectives,
recommending consideration of the demographer consultant's Map No. 2 which would provide
City Council Minutes of December 8,2015
Page 15 of 25
for two Latino majority seats in central and east Anaheim and two in the west and south
Anaheim on the November 2016 ballot. Council Member Murray seconded the motion.
The City Attorney clarified the motion; to postpone indefinitely the ordinance directing new
hearings before the Council in January to further consider maps which had two CVAPs already
submitted to the committee.
DISCUSSION: Council Member Murray stated she had seconded the motion because she
thought the issues raised by MALDEF in their letter to the city and in the comments heard
during this public hearing, that the community believed they were disenfranchised by the
election district sequencing. Ms. Murray debated that point and provided a historical
perspective on successful candidates supported by the Latino precincts over the years,
including Jordan Brandman in 2012, and spoke of the ACLU/Moreno settlement agreement in
which the city pushed for the voters to be part of that process when the claimants were against
it. She also pointed out that the current City Council had been considerate of communities of
various ethnic backgrounds in the city, pointing out that today construction began on a project
important to the Ponderosa community. She pointed out as well, that the city provided an
allocation of services report annually that showed how services were provided across the city
and were shown to be equally distributed citywide, copies of which were available in the
chambers and on the city's website. Additionally, capital improvement dollars were being
invested in District 3, 4 and 5 and in the far west because those were the areas of the city that
were older with genuine need and because Council was responsive to concerns being raised.
Referencing the recommended district map, Council Member Murray stated LULAC brought
forward two maps that had three CVAP districts while the recommended map did not and
Council had chosen to go forward with the map brought forward by the judges at the request of
the people which had one CVAP district. She added because the MALDEF letter made a
significant point about the recommended map, she agreed that it was time look at other maps
that had more significant representation for the Latino populations. She further added that the
LULAC maps and the consultant demographer's maps that identified more than one CVAP
district should be reevaluated along with the updated January CVAP information that would be
available to the city at that time and that Council reconsider the map and sequencing of districts
at that time.
Mayor Pro Tern Kring concurred, adding that council had received a number of emails from the
community, especially those in the west side wondering why District 2 was not included. She
stated when Council selected Districts 1, 2, 4 and 5, they did so because Districts 1 and 2 had
no representation and 4 and 5 were Latino plurality districts. Districts 3 and 6 were placed in
2018 because they already had seated representatives.
Mayor Tait remarked there were two items on this ordinance, one was to approve the map and
the other was to select the sequencing of districts for election purposes. He stated this process
took several months and included a panel of five unbiased judges to draw the map identifying
districts. They listened to hours of public testimony, reviewed many maps, contracted with a
professional consultant for advice, and came up with a map that was a consensus with all
participants. The dispute was on the sequence of districting with he and Council Member
Vanderbilt recommending Districts 1, 3, 4 and 5 in line with all those who spoke in support of
this map while the council majority thought it should be Districts 1, 2, 4 and 5. He indicated the
argument to exclude Districts 3 and 6 was because Council Member Murray resided in District 6
and Council Member Vanderbilt in District 3. Whether or not there was any justification to that
City Council Minutes of December 8,2015
Page 16 of 25
argument, he pointed out, Council Member Vanderbilt announced that he was moving out of
District 3 so that was no longer a valid point. He stressed the fact that almost 70 percent of the
residents voted for districts, the result of a process that began in 2012 because the voters
wanted representation and to delay that opportunity until 2018 or to start this process over
again, did not make sense.
Replying to Mayor Tait's question regarding additional hearings, the City Attorney indicated
three more hearings were required and there was also a deadline by which the settlement
agreement required the city to have districts in place by July 8, 2016. Linda Andal, City Clerk,
added that under the elections code, that deadline date was 125 days before the election which
was July 6, 2016. Mayor Tait stated rather than go through the process again; he was willing to
compromise as long as District 3 was included in the 2016 election, wondering if the motion
could be amended. Mr. Houston remarked that under Robert's Rules of Order, the motion to
postpone indefinitely was not amendable.
Council Member Brandman explained that he had given this matter a great deal of thought
during the last three weeks and when he saw the MALDEF letter stating that a map without two
Latino majority CVAP districts was unacceptable, it confirmed his opinion that additional
hearings were needed to make sure the city was fully compliant or else it would face additional
lawsuits. He added he was simply asking to go back and consider two Latino majority CVAP
seats for the ballot in 2016.
Council Member Vanderbilt asked if there had been any legal challenge following acceptance of
the map with Mr. Houston responding there had been nothing submitted that qualified as a
threat of litigation. There was some dialogue with committee staff from LULAC as to what they
believed were important criteria of the map as it went through the committee process which he
did not characterize as a legal challenge, however, the letter received in early December by
MALDEF was. Mr. Vanderbilt asked the City Attorney to speculate if the issue with MALDEF
was with the map and why they would have waited until after the sequencing action by the
Council to write the letter. Mr. Houston advised it was difficult to speculate because there had
not been any communication between the author and the city; adding while MALDEF did not
state the City must have two Latino majority CVAP districts, it did say they were willing to put
that in a secondary position because they believed there was community support among other
stakeholders that the plan being considered was a good alternative. Mayor Tait asked for that
portion of the MALDEF letter to be read because he did not recall concern about the map itself,
only exclusion of District 3. Mr. Houston read as follows: "The final report of the advisory
committee on electoral districts, the Anaheim City Council reflects its unambiguous intent to
address the potential CVRA violations and to comply with FVRA. Having rejected mapping
proposals that included two and three Latino majority districts, the committee opted to
recommend the current one Latino majority district plan. The committee specifically found that
the Latino citizen voting age majority in District 3 would give Latino voters and effective
opportunity to elect a candidate of their choice. Now voters in D3, the only majority Latino
citizen voting age population district to emerge from the Commission's process would continue
to bear the effects of the discriminatory at large electoral system for another three years."
Mayor Tait announced the clear intent of that letter was for District 3 to be placed on the 2016
ballot and if not, the city would have a problem. Mr. Houston indicated City Council had
received an extensive legal review from him and other counsel dealing with a variety of matters,
however he acknowledged the letter could be read in a number of ways. Mayor Tait added that
the meaning was clear to him and by not excluding District 3 tonight, the city would comply with
City Council Minutes of December 8,2015
Page 17 of 25
the MALDEF letter, the California Voting Rights Act, the Federal Voting Rights act and everyone
who spoke on this issue. Mayor Pro Tern Kring wondered what Mayor Tait's compromise would
be on the sequencing with Mayor Tait responding his preference was Districts 1, 3, 4 and 5, but
he would compromise by taking District 3 with any of the other districts in 2016. She asked
what he anticipated the outcome would be to have the judges make a recommendation on
sequencing with Mayor Tait remarking he expected the outcome to include District 3 but would
accept whatever their recommendation was if the rest of the City Council would do the same.
Council Member Murray remarked that she had not considered the recommended map the
perfect option given that the majority of people who spoke supported providing one CVAP seat
versus two or three and rejected the LULAC options that included three CVAP's. She stated the
residents who spoke tonight had concerns about the MALDEF letter and potential litigation, and
she thought it was worth trying to protect the city from additional litigation and make sure the
ultimate map adopted more than one defined CVAP seat for the Latino community. She also
discussed the potential for receipt of Census data in January that could show the numbers
changing for District 3, which could turn out it might no longer be the Latino majority.
CourjINember Vanderbilt asked Mr. DeMayo to comment on this discussion. Mr. DeMayo
responded that the he and the City Attorney looked into these issues very closely as did the
city's litigation counsel who drafted a confidential opinion on the subject. Counsel believed the
motion from the last council meeting was defensible with the current plan of Districts 1, 2, 4 and
5 on the ballot in 2016. He added it was within Council's discretion as to whether they would like
to hold further hearings on the committee recommended plan and the two CVAP Latino majority
district plans that were before the committee. Mr. Houston added that staff, legal counsel and
he did not believe MALDEF's threat of litigation would have any legal merit. He added that
sequencing was a separate issue under the law which could be seen in the way court decisions
addressed issues like sequencing versus district lines drawn, and he believed the map that was
before the council continued to be legally defensible.
Mayor Tait remarked there was no need to go through the process again if Council agreed to
include District 3 in the 2016 election and in his opinion, it was clear if District 3 was included,
there would be no litigation. Council Member Murray responded that if the City Council put
District 3 on the ballot in 2016, and the Census numbers changed in January and District 3 was
no longer the majority citizen voting age population district, MALDEF had gone on record that
they would litigate and the cost to defend the city would be expensive. She supported giving the
community more opportunities, not less.
Mayor Tait stated that if Districts 3, 4 and 5 were selected for the ballot in 2016, there would be
no litigation, no need to redraw district lines because the bulk of the Latino community was
within those three districts. He then asked his colleagues why District 3 could not be included
tonight. Council Member Brandman responded that as a policy maker, he wanted two Latino
majority CVAP districts. He believed 60 more days to see the revised CVAP numbers in
January would offer the city a better arrangement and asked to consider his motion to postpone.
Mayor Tait stated he would like to discuss the idea of having the judges weigh in on this
recommendation on the next agenda.
Council Member Vanderbilt remarked the city had one more opportunity in December, to answer
some of the unknowns, such as communicating with MALDEF during that time frame to clarify
their letter and asked that the last line of the letter be read. Mr. Houston stated, the letter said
City Council Minutes of December 8,2015
Page 18 of 25
"in order to avoid costly litigation and potential liability for intentional discrimination, we urge the
council to order an election to be held in District 3 in 2016." Mr. Houston added that it was clear
their request was for District 3 in 2016.
Mr. Vanderbilt commented that during the last year city staff worked hard to present to the
public the whole process, videos, flyers, advertisements to explain the broadness of the
approach the city wanted to take, asking the City Clerk if there was a way to present the current
situation consistent with what had been expressed in the past when inquiries were made or was
there a challenge following the action that might happen tonight. Ms. Andal responded that she
and the City Attorney would work closely on legal noticing and would simply state additional
public hearings were being held. She added the city would update the districting website
dedicated to the process and be clear with respect to what the committee's actions were as well
as the City Council. Staff would continue to be transparent and anyone following the process
could review the minutes on the districting website. She added the information that came out of
her office was fact-based and if Council had any suggestions or would like to direct her office
how to message the process, she was open to recommendations.
MOTION: Council Member Brandman moved to postpone action on the ordinance indefinitely
and direct staff to schedule a new series of public hearings before the City Council commencing
after the release of the new census data in January 2016 to consider those maps already
submitted to the committee that had two or more majority Latino Citizen Voting Age Populations,
seconded by Council Member Murray. ROLL CALL VOTE: AYES —3: (Mayor Pro Tern Kring
and Council Members Brandman and Murray). NOES—2: (Mayor Tait and Council Member
Vanderbilt). Motion Carried.
20. Nominate and appoint one Council Member to serve as Mayor Pro Tern for the 2016
D114 calendar year.
APPOINTMENT: Lucille Kring
MOTION: Council Member Brandman moved to reappoint Lucille Kring, in place of his turn, as
Mayor Pro Tern for 2016, seconded by Council Member Murray. Mayor Tait moved to appoint
Council Member Vanderbilt, next in line for seniority as Council Member Brandman had
declined the appointment.
ROLL CALL VOTE for Lucille Kring: AYES—4 (Mayor Pro Tern Kring and Council Members
Murray, Brandman and Vanderbilt; NOES - 1: Mayor Tait). Motion passed.
ROLL CALL VOTE for James Vanderbilt, AYES— 1 (Mayor Tait), NOES—0; ABSTENTIONS—
4: (Council Members Brandman, Kring, Murray and Vanderbilt). Motion Failed.
Ms. Kring was appointed Mayor Pro Tern for 2016.
22. Review the list of regional agency appointments and appoint or reappoint
B105 representatives to serve on the following regional agencies.
ANAHEIM UNION HIGH SCHOOL DISTRICT FOUNDATION:
(RE)APPOINTMENT: (1 year term, ending December 31, 2016)
(currently held by Mayor Tom Tait)
City Council Minutes of December 8,2015
Page 19 of 25
(RE)APPOINTMENT: (1 year term, ending December 31, 2016)
(currently held by Council Member James Vanderbilt)
(RE)APPOINTMENT: (1 year term, ending December 31, 2016)
(currently held by Tom Morton, Staff)
MOTION: Mayor Pro Tern Kring moved to reappoint all three representatives to the Anaheim
Union High School District Foundation, seconded by Council Member Murray.
DISCUSSION: Council Member Vanderbilt questioned whether the AUHSDF was required to
follow the Brown Act for governmental bodies, indicating they should be apprised of that
requirement. Michael Houston, City Attorney, indicated he was not familiar enough with that
organization as to whether they must comply with the Brown Act, although as a general rule,
nonprofit agencies must do so.
MOTION: Mayor Tait offered a substitute motion to continue the AUHSDF appointments to
December 15, 2015 for further clarification, seconded by Mayor Pro Tem Kring. The motion
was unanimously approved.
FIRE TRAINING JOINT POWERS AUTHORITY:
(RE)APPOINTMENT: Mayor Pro Tern King
(currently held by Mayor Pro Tern Lucille Kring)
ALTERNATE: Council Member Vanderbilt
(Vacant)
MOTION: Council Member Murray nominated Mayor Pro Tern Kring to serve as the
representative and Council Member Vanderbilt as the alternate and both were unanimously
approved by the city council.
FOUR CORNERS TRANSPORTATION COALITION:
(RE)APPOINTMENT: Council Member Brandman (3 year term, ending December 31, 2018)
(currently held by Council Member Jordan Brandman)
By acclimation, Council unanimously reappointed Council Member Brandman to the Four
Corners Transportation Coalition.
ORANGE COUNTY-CITY HAZARDOUS (HAZMAT) EMERGENCY RESPONSE
AUTHORITY:
(RE)APPOINTMENT: Mayor Pro Tern King
(currently held by Mayor Pro Tern Lucille Kring)
By acclimation, Council unanimously reappointed Mayor Pro Tern Kring to HAZMAT.
METROPOLITAN WATER DISTRICT (MWD):
(RE)APPOINTMENT: Stephen Faessel
(currently held by Stephen Faessel, Resident)
By acclimation, Council unanimously reappointed Stephen Faessel to MWD.
City Council Minutes of December 8,2015
Page 20 of 25
ORANGE COUNTY SANITATION DISTRICT (OCSD):
(RE)APPOINTMENT: Mayor Pro Tern Kring
(currently held by Mayor Pro Tern Lucille Kring)
ALTERNATE: Council Member Vanderbilt
(currently held by Council Member Jordan Brandman)
By acclimation, Council unanimously reappointed Mayor Pro Tern Kring and Council Member
Brandman to OCSD board.
Subsequent Action: Mayor Pro Tern Kring nominated Council Member Vanderbilt to serve as
the alternate who was then unanimously approved.
ORANGE COUNTY WATER DISTRICT, DISTRICT 9:
(RE)APPOINTMENT: Council Member Brandman
(4 year unexpired term, ending December 31, 2016)
(currently held by Harry Sidhu, Resident)
MOTION: Council Member Brandman indicated he would like to serve as OCWD board
member and Mr. Brandman was unanimously appointed to the OCWD board.
SANTA ANA RIVER FLOOD PROTECTION AGENCY(SARFPA):
(RE)APPOINTMENT: Council Member Brandman
(currently held by Council Member Jordan Brandman)
Council unanimously reappointed Council Member Brandman to the SAFPRA board.
ALTERNATE: Rudy Emami
(currently held by Rudy Emami, Staff)
Council unanimously reappointed Rudy Emami.
SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (AND OCCOG):
(RE)APPOINTMENT: Council Member Murray (2 year unexpired term, ending
2017) (currently held by Council Member Kris Murray)
Council unanimously reappointed Council Member Murray.
ALTERNATE: Council Member Brandman (2 year unexpired term, ending
2017) (currently held by Council Member Jordan Brandman)
Council unanimously reappointed Council Member Brandman.
TRANSPORTATION CORRIDOR AGENCY, FOOTHILL EASTERN AREA (TCA):
(RE)APPOINTMENT: Mayor Pro Tern Kring
(currently held by Mayor Pro Tern Lucille Kring)
Council unanimously reappointed Mayor Pro Tern Kring to the TCA board.
City Council Minutes of December 8,2015
Page 21 of 25
ALTERNATE: Council Member Vanderbilt
(currently held by Council Member James Vanderbilt)
Council unanimously reappointed Council Member Vanderbilt to the TCA board as an alternate.
24. This is a public hearing to consider a resolution to determine the public interest and
P121 necessity for the acquisition of property located at 2501, 2507, and 2613 East Ball Road
for the purposes of the Ball Road and Sunkist Street Intersection Improvement Project.
RESOLUTION NO. 2015-289 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM determining the public interest and necessity for the acquisition
of property located at 2501, 2507, and 2613 East Ball Road for the purposes of the Ball
Road and Sunkist Street Intersection Improvement Project(R/W ACQ 2015-00584,
2015-00585, and 2015-00586).
Natalie Meeks reported this item would provide for the acquisition of right-of-way in fee and also
for a temporary construction easement necessary for the construction of the Ball Road and
Sunkist Street intersection improvement project. It would improve capacity and operation of the
intersection by widening Sunkist by five to six feet and the curbs on Ball Road by about four feet
with this additional width allowing dual southbound left turn lanes on Sunkist and an exclusive
westbound right turn lane. It would also convert the existing right turn lane to a third westbound
thru-lane on Ball Road. She stated the project conformed to the Initial Study and Mitigated
Declaration approved by City Council on July 22, 2014 and also reported the improved
alignment had been designed to minimize impacts to this property based on feedback from the
property owner prior to completion of the environmental document. Construction was scheduled
for the fall of 2016 in line with the grant funding requirement. Ms. Meeks stated that an offer to
acquire the property was made to the owner but staff was unable to obtain an executed
acquisition agreement and was recommending adoption of the resolution.
Mayor Tait opened the public hearing for comments taking testimony first from the owner of
record or designated representative for the property. Testimony would be limited to the
following five issues: 1) whether the public interest and necessity required this project, 2)
whether the project was planned and located in a manner that would be most compatible with
the greatest public good and least private injury, 3)whether the property sought to be acquired
was necessary for the project, 4)whether the offer complied with Government Code 7267.2 had
been made, and 5) whether the city had complied with all the procedures prerequisite to the
exercise of eminent domain in connection with this property.
Cynthia Schaldenbrand stated she had previously been before Council to discuss this small
shopping center on the northeast corner of Sunkist and Ball, and believed the property had
been singled out for the purpose of this road widening project. She added that any additional
widening of Ball Road was pushed to the north of her client's property and the necessity to
widen Sunkist was pushed to the east of that property, and both she and her client did not agree
that the project as proposed reflected the greatest good. She added that when her client first
spoke to the City Council and explained this was the third time that his small family business
had been subject to road widening of Ball Road and the taking of his property, he attempted to
market the property. At that time the City Council requested her client meet with staff and
discuss alternatives and safeguards the city could put in place to ensure that the business was
not impacted by the project and also that the small businesses in the shopping center were not
City Council Minutes of December 8,2015
Page 22 of 25
adversely affected. That meeting took place and certain representations were made, however
the outcome was very different than what they anticipated; i.e. her client was concerned that the
project would take too long and would impact the ingress and egress of the shopping center and
they were now told the four month construction would actually take six months. Her client also
requested that someone be available on the construction site so that her client and the tenants
would have access to address their concerns and were now told that no supervisor would be
available. Her client also found out, when he tried to market the property and had a buyer that
the buyer came to the city indicating the German Restaurant, a tenant of the property wanted to
expand by including a beer garden. At that time, the city explained the process of widening the
roadway and that the green space adjacent to the sidewalk was being removed and the
sidewalk made narrower to minimize the size of the acquisition and if anyone wanted to do any
expansion or any further usage of this parcel, it would become a burden on the property owner
to replace what was taken.
William Fitzgerald, Anaheim HOME, opposed the property acquisition, stating the traffic
widening project was solely to alleviate traffic that would benefit Disney, Arte Moreno and Henry
Samueli and was not for the greater public good. Mayor Tait responded that public speakers
were protected and could make statements with no truth to them, slanderous or otherwise at the
podium as Mr. Fitzgerald did. Referencing this item, he stated in his experience there was
congestion on Ball Road regardless of events at the stadium, asking Natalie Meeks to speak on
the matter.
Public Works Director Natalie Meeks replied there was significant congestion at that intersection
both in the morning and after peak hours regardless of any event days and one of the heaviest
traffic times occurred in the morning peak hour when the left hand turn onto Sunkist backed up
significantly and regularly for those trying to get to school and work. She noted staff felt the dual
left turns would ease that congestion, in effect doubling the capacity of that left turn.
With no other comments offered, the Mayor closed the public hearing.
Council Member Vanderbilt stated the property owner's representative mentioned that over
several progressive improvement projects, all of them seemed to be at the northeast corner of
the intersection, asking staff to speak to that comment. Ms. Meeks responded that she did not
recall whether other corners of that property had sacrificed space for the improvement of the
intersection, however, throughout this process staff had shifted the alignment to the south and
tried to reduce the lane widths and the sidewalk width to minimize the impact on this property
and still get lanes that lined up with the traffic and were safe to operate. She also added staff
took into consideration that no parking spaces were impacted, although the landscape frontage
was removed. Regarding the construction time frame and the temporary construction easement,
she stated the project would take about nine months to complete, however staff was trying to
reduce that down to six months stressing that the project could not be completed in four months.
With regard to a contact person on site, Ms. Meeks indicated the project had not been bid yet,
but there was always a 24-hour contact person on city projects and would be at the start of
construction on this project. Regarding the requirement to dedicate and improve with an
expansion on the shopping center property, Ms. Meeks stated the Municipal Code did require
some dedication and improvement requirements with an expansion on the property and while
she was not familiar with the proposed expansion of the German restaurant, staff would work
with any potential buyers or this property owner on a proposal and how it impacted dedication
and improvement requirements under the code, separately and apart from this project.
City Council Minutes of December 8,2015
Page 23 of 25
Mayor Pro Tem Kring stated the city was going to take some of the landscaping off the north
side and asked if the property owner was responsible for replacing the landscaping the city
removed. Ms. Meeks replied the property would be considered existing nonconforming and
would not conform to landscape setbacks required under the code for new build, but would
continue to be able to operate without the landscaping there. She pointed out if the city replaced
the landscaping it would eliminate parking spaces and believed the best option was to eliminate
the landscaping and retain their parking spaces.
Mayor Tait inquired if there was any way to widen the street to adequately handle traffic and
take even less property with Ms. Meeks responding there were minimal sidewalks widths still
providing ADA accessibility, the lanes were narrow and staff had done as much as possible to
minimize the acquisition. Mayor Tait explained that eminent domain referred to the taking of
private property and the city had to mitigate the impacts, compensate the property owner fairly
for the loss of property and the loss of business, and pointed out the widening of a road was for
a public purpose and would save drivers time on their commute. He believed the effects would
be as minimal as possible and would therefore make a motion to approve.
MOTION: Mayor Tait moved to approve RESOLUTION NO. 2015-289, A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF ANAHEIM determining the public interest and necessity
for the acquisition of property located at 2501, 2507, and 2613 East Ball Road for the purposes
of the Ball Road and Sunkist Street Intersection Improvement Project, seconded by Mayor Pro
Tern Kring. ROLL CALL VOTE: AYES—4: (Mayor Tait and Council Members: Brandman,
Kring and Murray). NOES—I: Council Member Vanderbilt. Motion Carried.
25. This is a public hearing to consider a resolution to determine the public interest and
necessity for the acquisition of property located at 1325 North Catalpa Avenue for the
P121 purposes of the Brookhurst Street Widening Project (I-5 to SR 91 Freeway).
RESOLUTION NO. 2015-290 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM determining the public interest and necessity for the acquisition
of property located at 1325 North Catalpa Avenue for the purposes of the Brookhurst
Street Widening - 15 to SR91 Freeway Project (RNV ACQ 2013-00458).
Natalie Meeks, Public Works Director, reported this resolution was for the acquisition of right-of-
way both in fee and temporary construction necessary for the construction of the Brookhurst
Street Widening project from the 1-5 to the SR 91. The proposed project would expand the
existing four lanes to six lanes, consistent with the Master Plan of Arterial Highways and
improve pedestrian, bicycle and landscape features. She noted the environmental clearance for
the project was approved by city council on January 29, 2013, and since that time staff had
been working on the final project design and the right of way acquisition. Acquisition on 40 of
the 42 properties was completed through agreements with the property owners, however, she
stated, staff was unable to complete the acquisition of this portion of right of way necessary for
the project and recommended adopting this resolution of necessity to maintain the construction
schedule consistent with the grant funding.
Mayor Tait opening the public hearing, stating he would first take testimony from the owner of
record or designated representative for the property and that testimony would be limited to five
issues: 1) whether the public interest and necessity required this project, 2) whether the project
was planned and located in a manner that would be most compatible with the greatest public
City Council Minutes of December 8,2015
Page 24 of 25
good and least private injury, 3)whether the property sought to be acquired was necessary for
the project, 4, whether an offer to comply with Government Code Section 7267.2 had been
made and 5) whether the city complied with all of the procedures prerequisite to the exercise to
eminent domain in connection with the property.
William Fitzgerald, Anaheim HOME, opposed the taking of this property making a number of
claims against the mayor and the city to support his position.
Cynthia Ward remarked that while she disliked some of the policy decisions made by Council,
she felt the previous speaker's remarks were completely out of line emphasizing that the public
did not agree with his views.
Greg Diamond wondered it staff had specific criteria when making a finding of what was in the
best public interests and if Council was presented with that information and specifically how a
private interest operating at the same time was considered.
With no other comments offered, Mayor Tait closed the public hearing.
Mayor Pro Tern Kring asked if bike lanes were included in the project indicating that she lived off
Orangewood and had lost traffic lanes for bicycle lanes that were rarely used. Natalie Meeks
responded that the city was fortunate because the widening project did require the acquisition of
full takes of a row of homes and there was additional right of way that accommodated full width
bike lanes, provide pedestrian improvements, landscaping and a meandering path similar to the
southerly section of Brookhurst that was recently completed. She appreciated the scope of the
project but wondered if bike lanes were needed, asking if staff had studied the necessity for the
lanes. Ms. Meeks indicated there was a movement to get people onto bikes, a state requirement
under some of the greenhouse gas regulations and those lanes had been incorporated into the
master plan and into city projects to study their feasibility on any city project. There were many
reasons cities were including bike lanes to share the road safely. Ms. Meeks added that the six
lanes would build out the master plan for Brookhurst all the way from SR 91 to the beach, minus
one small segment in the county that staff and the county was working on.
To answer some of the questions during public comments, Mayor Tait asked if there was a rule
on the determining what was in the public's interest. Ms. Meeks responded that was covered
during the environmental process as to what the project was, its benefits going forward in the
project appraisal and alignment, and with staff attempting to minimize the private impacts. She
added this particular project did have some significant impacts to acquire full properties and
staff reached agreement with 40 of the property owners. She noted this particular acquisition
was six square feet, a very small piece of property in the back yard of a property owner
necessary to provide enough width for the sidewalks and ADA accessibility, adding that the
property owner would not cooperate. Mayor Tait asked if there was any way to reasonably do
this project without acquiring the six square feet section with Ms. Meeks replying it was needed
to put in adequate sidewalk where it joined the 91 freeway and without it, the city would not
meet ADA requirements.
Council Member Brandman moved to approve RESOLUTION NO. 2015-290, A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF ANAHEIM determining the public interest and
necessity for the acquisition of property located at 1325 North Catalpa Avenue for the purposes
of the Brookhurst Street Widening - 15 to SR91 Freeway Project, seconded by Council Member
City Council Minutes of December 8,2015
Page 25 of 25
Murray. ROLL CALL VOTE: AYES 5: (Mayor Tait and Council Members Brandman, Kring,
Murray and Vanderbilt). NOES —0. Motion Carried.
REPORT ON CLOSED SESSION ACTIONS: None
COUNCIL COMMUNICATIONS:
Mayor Pro Tem Kring announced the La Palma Dog Park event on December 12th and
recognized Code Enforcement Officers Robert Happle and Rafael Avila for their outstanding
customer service.
Council Member Vanderbilt stated his opposition on statements from a presidential candidate on
immigrants. He pointed out that in general he was not one to consider resolutions in terms of
national or international topics, however if such a proposal was made, he would ask that it be
inclusive to the city of Anaheim.
Council Member Murray offered her position regarding statements from a presidential candidate
on the issue of immigrants, stating everyone should do the best to ensure tolerance and peace
and that the ideals of America were upheld.
Council Member Brandman wished everyone a Happy Hanukah and announced the candlelight
vigil entitled Don't Divide Us, sponsored by the Anaheim Religious community on December
16th in memory of the victims of the San Bernardino shooting.
Mayor Tait spoke of his attendance at the Ponderosa groundbreaking and adjourned the
meeting in memory of Elsie Reed, an active member of the Anaheim community and the victims
of the San Bernardino shooting.
ADJOURNMENT:
At 10:34 P.M., Mayor Tait adjourned the December 8, 2015 meeting in memory of Elsie Reed
and the victims of the San Bernardino shooting
R peiully submitted,
` P
a
Linda N. Andel, CMC
City Clerk