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11/17/2015 ANAHEIM CITY COUNCIL REGULAR AND REGULAR AJOURNED MEETING OF NOVEMBER 17, 2015 The regular meeting of November 17, 2015 was called to order at 3:00 P.M. and adjourned to 4:00 P.M. for lack of a quorum. The regular adjourned meeting of November 17, 2015 was called to order at 4:01 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 November 13, 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 Andal. ADDITIONS/DELETIONS TO CLOSED SESSION: Michael Houston, City Attorney, reported Closed Session Item No. 4 would be continued to December 8th to correct the government code section cited and provide proper notice. He further stated Closed Session Item No. 5 was due to the retirement of City Treasurer, Henry Stern. PUBLIC COMMENTS ON CLOSED SESSION ITEMS: None At 4:02 P.M., Mayor Tait recessed to closed session for consideration of the following items. CLOSED SESSION: 1. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION (Subdivision (d)(1) of Section 54956.9 of the California Government Code) Name of Case: Coalition of Anaheim Taxpayers for Economic Responsibility v. City of Anaheim, Orange County Superior Court Case No. 30-2013-00695342 2. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION (Subdivision (d)(1) of Section 54956.9 of the California Government Code) Name of Case: Acevedo, et aI. v. City of Anaheim et al., USDC Court Case No. SACV14-01147 ODW(Ex) 3. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION (Subdivision (d)(1)of Section 54956.9 of the California Government Code) Name of Case: DeSouza v. City of Anaheim, Orange County Superior Court Case No. 30-2015-00771217 4. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2)of subdivision (d) of California Government Code Section 54956: One potential case. 5. PUBLIC EMPLOYEE APPOINTMENT (Section 54957 (b)of the California Government Code) Position Title: City Treasurer At 5:05 P.M., City Council returned from closed session and the meeting reconvened. City Council Minutes of November 17,2015 Page 2 of 13 INVOCATION: Pastor Mike Hammontre, Knott Avenue Christian Church FLAG SALUTE: Mayor Pro Tern Lucille Kring ACCEPTANCE OF OTHER RECOGNITIONS (To be presented at a later date): Proclaiming November 28, 2015, as Small Business Saturday Proclaiming December 1, 2015, as World AIDS Day ADDITIONS/DELETIONS TO THE AGENDA: None PUBLIC COMMENTS (all agenda items, except public hearing): Prior to receipt of public comments, a brief decorum statement was provided by City Clerk, Linda Andal. Brad Fieldhouse, Anaheim Homeless Collaborative/CityNet, announced the County of Orange voted unanimously to approve the purchase of the Kraemer site in Anaheim for a regional homeless shelter. He emphasized this was possible through a broad collaborative effort in which the faith-based community, social services agencies, non-profit organizations and various city and county entities worked tirelessly towards this goal. As of September, he reported, 405 homeless individuals had been moved off the streets, placing them in various forms of rapid rehousing, relocation and permanent housing. He introduced Cheryl, a homeless woman living in the streets and through the efforts of 14 organizations, would be permanently housed in her own apartment on Friday. Cheryl Speakman shared her story of homelessness and the assistance she received from the Homeless Collaboration and CityNet. She expressed her deep appreciation to all involved for their assistance to her. R. Joshua Collins, Homeless Advocates for Christ, commented on the city's public park regulation ordinance and updated the city on the homeless situation in other states. Lou Noble, homeless advocate, remarked the Kraemer shelter was a small step in the effort to help the homeless, adding there should be shelters and safe zones in every city especially with a cold and rainy winter forecasted. He talked about the city of Orange sweeping the riverbed on Veteran's Day. He also reported that thanks to CityNet, Dennis Long, a disabled and recently homeless man, was placed into a shelter and in better spirits. William Fitzgerald voiced his opinion of certain Council Members. Mayor Tait informed the public that while Mr. Fitzgerald was allowed to make statements at the podium, there was no credibility behind the remarks he made. Bobby Donelson, South Anaheim, addressed the parking problem in the Leatrice/Wakefield area. He also appreciated the short term rental meetings scheduled in December adding that Sherwood Village Townhomes had modified their rules prohibiting rentals for less than 30 days and ended up in court with rental owners trying to get an injunction. He pointed out that the judge appeared to be concerned about having businesses in residential areas. City Council Minutes of November 17, 2015 Page 3 of 13 Jeanine Robbins, resident, spoke in favor of a complete ban on short term rentals (STRs). She stated STR rules were not being enforced because they were subject to interpretation by the Planning Department and Code Enforcement. Mike Robbins, resident, remarked STRs was considered a problem across the country, asking the city to clamp down on this industry and make Anaheim a model for other cities to follow. Luisa Lam requested a complete ban on STR units. Residing in Sherwood Village, she was now surrounded by 10 vacation rental units and the Homeowners Association (HOA) was now in litigation with STR owners who were trying to prevent the HOA from enforcing the rule of limiting rentals to no less than 30 days. She submitted a list of 57 signatures from Sherwood Village owners to support the HOA's rule change to a minimum 30-day rental and then quoted a conservative estimate of one short term rental that produced 72,800 visitors a year in her neighborhood (8 renters for seven days x 50 times per year). Pam Done!son, Sherwood Village, concurred with the previous statements made on STRs, stating their use had ruined neighborhoods and should have been located in business zones, not in single family residential areas. Martin Lopez, Sherwood Village, remarked he and his neighbors were under siege and hoped the moratorium would result in the city taking needed action. He urged no less than 30 day rentals be allowed, no unsupervised houses, no whole units, residents having the right to take legal action, and the imposition of stricter rules. He also spoke of job losses since a significant amount of visitors now used vacation rentals rather than hotels. Mark Daniels, resident, appreciated the unanimous vote by the County on the Kraemer homeless shelter but asked that temporary safe zones be provided throughout the city as the cold and wet winter season began. Regarding public comments, he opposed the type of personal public comments made, remarking they were unnecessary, asking for an answer as to why this was allowed. Joanne Sosa discussed Joe's War, a film addressing veterans with PTSD. She hoped to bring this movie to the homeless collaboration effort as a teaching tool. Victoria Michaels, resident, discussed the interaction between Council and speakers during last week's meeting and also expressed her distress over comments made by Mr. Fitzgerald tonight, remarking it was upsetting to hear. COUNCIL COMMUNICATIONS: Mayor Tait requested the City Manager provide an update to clarify the short term rental moratorium, specifically on whether license applications were still being processed. Mayor Pro Tem Kring announced the upcoming meetings regarding short term rentals, one for owners and one for residents, and requested staff select members from each group for a roundtable discussion. Council Member Vanderbilt remarked he received a request to recognize Nellie Hernandez who was turning 100 on December 26th asking that she be recognized on the next agenda and further encouraged others reaching this milestone to contact him as well. City Council Minutes of November 17, 2015 Page 4 of 13 CITY MANAGER'S UPDATE: Mr. Emery announced a short-term rental community meeting was scheduled on December 10th at the Downtown Community Center, and encouraged all residents who were impacted by STRs to attend. He also reported on the Orange County Board of Supervisors' action to purchase the homeless shelter site, and announced the opening of the Fullerton Armory Shelter on November 30th. Council Member Murray requested additional funding to extend the opening of the Armory shelter to be brought to Council for consideration CONSENT CALENDAR: Mayor Tait declared a conflict of interest on Item No. 3 as his firm had worked this past year with RJ Noble Company. 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 Murray. ROLL CALL VOTE: AYES— 5: (Mayor Tait and Council Members: Brandman, Kring, Murray and Vanderbilt.) NOES—0. Motion Carried B105 1. Receive and file minutes of the Cultural and Heritage Commission meeting of August 20, 2015, Public Utilities Board meetings of September 23, 2015 and October 15, 2015, Sister City Commission meeting of September 28, 2015 and the Library Board report dated October 12, 2015. D117 2. Approve the Investment Portfolio Report for October 2015. AGR-9437 3. Award the contract to the lowest responsible bidder, R.J. Noble Company, in the amount of$1,547,959.65, for the Lincoln Avenue Street Improvement Project from Brookhurst Street to Euclid Street, authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions, and determine said project is categorically exempt under the California Environmental Quality Act and categorically excluded under the National Environmental Policy Act. Mayor Tait abstained on this item. ROLL CALL VOTE: AYES— 4: (Mayor Pro Tem Kring and Council Members: Brandman, Murray and Vanderbilt). NOES— 0. ABSTENTION— 1: Mayor Tait. Motion to approve carried. AG R-9075.0.1 4. Approve Contract Change Order No.1, in the amount of$164,434.73, in favor of American Landscape, Inc. for the Anaheim Hills Golf Course Turf Reduction Project and authorize the Director of Public Works to execute the contract change order and any related documents. AGR-9438 5. Approve and authorize the City Manager to execute the CaIWORKs Training Vendor Agreement with American Career College, Inc., in an amount not to exceed $100,000, for the provision of occupational skills training and authorize the Workforce Development Manager, or his authorized representatives, to administer the agreement. Approve and authorize the Director of Public Works to execute agreements with BOA AGR-9439 Architecture, Creative Design Associates, IDS Group, Inc., J.C. Chang &Associates, AGR-9440 Inc., and PBWS Architects, LLP, in an amount not to exceed $200,000 each, for on-call AGR-9441 Americans with Disabilities Act assessments at city-owned facilities and the AGR-9442 AGR-9443 development of design plans. City Council Minutes of November 17,2015 Page 5 of 13 AGR-6255.A 7. Approve an agreement with Orange County Striping Services, Inc., in the approximate amount of$406,000, for continued pavement delineation maintenance services for an additional year, retroactive from July 1, 2015 to June 30, 2016. 8. Approve the At-Grade Public Crossing Agreement with Union Pacific Railroad Company AGR-9444 for the reconstruction of two existing crossings on Broadway between Mable Street and Manchester Avenue and authorize a payment in the total amount of$83,925, including the $1,000 for the City's right of entry. AGR-9167.1I 9. Approve the Final Map and Subdivision Agreement with Anacasa Brookhurst, LLC for Tract No. 17754 located at 641-701 S. Brookhurst Street. AGR-1694 10. Approve the First Amendment (First Amendment) to the San Onofre Nuclear Generating .III.1 Station Decommissioning Trust Fund Agreement dated November 6, 1990 (Agreement) between the City of Anaheim and U.S. Bank National Association and authorize and direct the Public Utilities General Manager, Assistant General Manager, City Clerk, and their designees to execute the First Amendment and any other related documents including certificates, and take any and all, required, or advisable actions to implement and administer the Agreement, as amended. D175 11. RESOLUTION NO. 2015-278 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM establishing Permit-Eligible Parking District No. 40 (Pembrooke Lane) and determine the action is exempt from the California Environmental Quality Act (CEQA) pursuant to Regulation No. 15061(b)(3). M142 12. ORDINANCE NO. 6348 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending section 13.08.020 of Chapter 13.08 of Title 13 of the Anaheim Municipal Code (Public Parks-Prohibited Conduct Generally) to give the City Attorney discretion to charge certain violations of park rules as misdemeanors or infractions (Introduced at the Council meeting of November 3, 2015, Item No. 25). D114 13. Approve minutes of the Council meetings of September 15, 2015, October 6, 2015 and October 20, 2015. PUBLIC HEARING: 14. This is a public hearing regarding the formation of and boundaries for six City Council E127 districts to be reflected in a districting map, including, without limitation, consideration, discussion, modification and action to introduce an ordinance adopting the City Council districting map recommended in the Final Report of the Anaheim Advisory Committee on Electoral Districts identified as "Recommended Plan (Map 3)," identifying which four City Council districts will hold elections in 2016 and which two City Council districts will hold elections in 2018, and addressing such other matters contained therein related to formation of six City Council districts. Determine that the ordinance described below is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, is not a project, as defined in City Council Minutes of November 17, 2015 Page 6 of 13 Section 15378 of the State CEQA Guidelines and, further, is categorically exempt pursuant to Section 15320 of the CEQA Guidelines (Class 20, changes in organization of local government agencies). ORDINANCE NO. 6349 (INTRODUCTION) 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. Michael Houston, City Attorney, announced, as unanimously directed by Council at the last public hearing, this item was an ordinance recommended for introduction to adopt the Advisory Committee's Recommended Plan, Map 3, as the city's districting map for use starting with the November 2016 election. Following testimony and discussion after the public hearing, he stated the following actions were recommended: 1) discuss and identify which four districts in the recommended plan should be up for adoption in 2016 and which two districts should be up in 2018; and by motion include those selected district election dates in the ordinance for introduction. 2) Then, introduce by motion the ordinance adopting the City Council districting map (Map 3) and identify the districts holding elections in 2016 and 2018. He added should Council introduce the ordinance and select the election dates for six districts at tonight's public hearing, then the third and final public hearing would be held to approve second reading of the ordinance scheduled for December 8th. Mr. Houston indicated the proposed ordinance adopted the recommended map plan both by depiction and by narrative description of the six district boundaries, which was prepared by the city's demographer/consultant and reviewed by the Planning Department for accuracy with the map. Additionally, the county Registrar of Voters was consulted to ensure the narrative descriptions in the district and the map were sufficient for the Registrar of Voter's purpose to conduct elections in the city of Anaheim and the districts created by the draft ordinance would be used for Council elections starting with the November 2016 election. Consistent with the city charter, he noted, Council Members presently serving and elected at large (all five current members)would continue to hold office for the duration of their terms on an at large basis. Eligibility criteria were not addressed in this draft ordinance because those criteria were specified in the city charter and the charter covered those criteria in full. He advised the draft ordinance contained place holders for insertion on which four districts would be up for election in 2016 and 2018, respectively, and following Council's selection of election dates, the place holders would be filled in prior to introduction and then returned at the second hearing for second reading. Mr. Houston pointed out that because it was not possible at this time to know which one of the four districts would hold a random, short two year term, the ordinance also included a place holder for that item that would be filled in by the City Clerk following the random selection in 2016. Mayor Tait opened the public hearing for comments. Bobby Donelson, resident, thanked Council for unanimously agreeing on Map 3. Mr. Donelson supported district elections, adding that he resided in District 4 and believed the residents in the south end of the city would now have a voice and could hold their representative accountable, important in such a diverse district whose residents had felt disenfranchised. City Council Minutes of November 17,2015 Page 7 of 13 Martin Lopez, resident, thanked the city for adopting the Recommended Map. He believed Ponderosa and the south area of Anaheim had been neglected by city officials when compared to other areas. He requested that Districts 1, 3, 4 and 5 be up for election in 2016, as District 1 had no Council Member from that area, District 3 met the population standard that the lawsuit required, District 4 was in the 47th percent of plurality and District 5 was 44 percent, all of them meeting the legal requirements for districting which would leave Districts 2 and 6 for election in 2018. Arturo Ferraras, residing behind Disneyland, reported he had been volunteering for the last six years in an effort to join apartment dwellers and homeowners so they could speak with one voice in the south district and was the reason why they supported district elections through Measures L and M. He emphasized the struggle was almost over and the community wanted their voices to be heard and urged Districts 1, 3, 4 and 5 be considered for the 2016 election and Districts 2 and 6 for 2018. Alondra Campos, residing in District 4, submitted photos regarding a safety issue on Cerritos and Euclid, encouraging the city to build a sidewalk on both sides in that area to prevent students from walking so close to traveling vehicles. She added this was also a safety issue for her because of impaired vision. Minerva Gomez, OCCCO, thanked the city for their collaboration on behalf of the homeless shelter and for approving Recommended Map 3. OCCCO had worked with Anaheim BROS, with over 150 youths walking every single week to make sure people were informed about the map, about Measures L and M, and about how to impact their communities. She stated this effort came forward because people felt they were not represented and OCCCO encouraged Council to get those district candidates elected in 2016, not 2018. Isela Lopez, District 1/OCCORD, requested Council support Districts 1, 3, 4 and 5 for election in 2016. She remarked there were so many problems in those districts, such as substandard apartments, lack of parking, and code enforcement, emphasizing that representatives for those areas were needed to address those problems. Jose Robles, 5th District, requested Council consider putting District 5 in the 2016 election. He recognized there were many districts worthy of having an election in 2016 but felt the 5th District and its associated problems would benefit from having a representative on the Council. He stated that yesterday his area was served with a gang injunction and wondered if residents of that area were aware of how that gang injunction could impact them and their children. He added that having a representative would help inform the community about such events and would make a difference. Oscar Reyes thanked Council for approving the recommended district plan pointing out that the purpose of this process was to address those communities who felt disenfranchised and wanted someone representing them. He stressed that the communities in District 3, 4 and 5 supported the lawsuit and he was in support of these districts for election in 2016. William Fitzgerald, Anaheim HOME, opined why districting had not been implemented years ago and voiced his opinion of the Disney Corporation, its ties to the City Council and various community leaders. City Council Minutes of November 17, 2015 Page 8 of 13 Mark Daniels, resident, stated the west end of Anaheim has been without a Council representative and expressed his support of Districts 1, 3, 4 and 5 for election year 2016. Rabbi Jonathan Klein, Clergy and Laity United for Economic Justice, remarked his organization supported working people and was why they paid attention to enfranchisement and disenfranchisement issues. He stated it was clear when districts were created on the Recommended Map, there had been an intention to ensure that the voices of those who were excluded had an opportunity to be heard. With that framework in mind, he believed Districts 3, 4 and 5 had a larger predominant Latino and other ethnic minorities and it seemed reasonable to include them in the election cycle for 2016, and that District 1 had been excluded over time by historical circumstance. He agreed with the coalition that supported Districts 1, 3, 4 and 5 for the 2016 election to ensure those voices be heard. Ada Briceno, OCCORD, remarked there was a large coalition of approximately ten organizations that had been discussing the Recommended Map, gathering thousands of signatures and speaking to thousands of residents around Anaheim. She supported Districts 1, 3, 4 and 5 for election in 2016, specifically to allow those that had no voice to speak out and have representation. Rudy Gaona thanked the City Council for their service to the city and as a veteran, was very appreciative of the Veteran's Day celebration. Greg Diamond supported Recommended Map 3. He recognized that many speakers were supporting Districts 1, 3, 4 and 5, adding that he was ambivalent between 1 and 2, but would support the popular recommendation. He stated the change to district elections was the result of a lawsuit that spoke to the ability of minorities (specifically Latinos) to elect candidates of their preference; therefore, there was no reason to defer elections in Districts 3, 4 and 5 and allow the people to make that self-determination of choice. He added there could be a legal case that failure to act and remedy the issue now as opposed to 2018 could be a problem. He further added that voter turnout was larger in presidential election years than in gubernatorial election years suggesting that if Council chose to put the districts that had historically lower Latino area turnout in the a low turnout year, it could call into question the city's good faith in determining how to implement the settlement agreement of the ACLU case. He also pointed out the question about voter turnout in a presidential election was a good reason to have District 6 be considered in 2018, as that area would be represented by Council Member Murray until 2018 and turnout would still tend to be higher in that district. He hoped for a unanimous vote that would represent a real commitment to the principle underlying this change. Victoria Michaels, resident, reported the people were asking for Districts 1, 3, 4 and 5 to be considered in the 2016 election and Districts 2 and 6 in 2018. She urged Council to listen to the people and support their choice. With no other comments offered, Mayor Tait closed the public comment portion of the hearing. Council Member Vanderbilt remarked the logic presented by the public for their 2016 and 2018 elections made sense to him and was consistent with his beliefs. Until this evening, he stated, most of the focus had been on the district maps and the community was excited about the process and the outcome and he hoped they would feel the same once this process was completed. As a resident of one of the districts, he asked how the city would identify or represent him or Council Member Murray after November 2016 when this governing body City Council Minutes of November 17,2015 Page 9 of 13 expanded to seven members. Mr. Houston responded from a legal standpoint, all existing members of the City council were elected "at large" and would continue to serve in that manner until the end of their term. Mayor Tait indicated that he initially thought about randomly selecting districts from a hat in the interests of fairness, however since there was much public comment offered tonight with each speaker requesting Districts 1, 3, 4 and 5 for the 2016 election, he would support that request. He added that the districting process came in large part because of an issue of disenfranchised voters and the California Voting Rights Act (CVRA) and the comments made tonight rang true to him, particularly when District 3 had the heaviest concentration of Latino residents. MOTION: For his stated reasons, Mayor Tait moved to introduce Ordinance No. 6349 and to place District Nos. 1, 3, 4 and 5 on the November 2016 ballot, seconded by Council Member Vanderbilt. DISCUSSION: Council Member Murray stated there was another perspective to be considered as the purpose of drawing boundary lines and establishing districts was to ensure the entire city had representation. Districts 3, 4 and 6 had sitting Council Members while Districts 1, 2 and 5 did not; District 4 also contained the second largest plurality of Latino population in the city. AMENDED MOTION: Council Member Murray then moved to amend Mayor Tait's motion, substituting District 2 for District 3, seconded by Mayor Pro Tern Kring. Council Member Murray stated the amended motion was true to the spirit and intent of the law to have district representation for every single resident. DISCUSSION: Mayor Tait responded that District 3 was the only district drawn with a majority of Latino voting age residents. In addition, there was a lawsuit brought against the city based on lack of Latino representation and disenfranchisement that was settled after two years and a couple of million dollars in legal fees, followed by a vote of the people for district elections. He expressed the exclusion of District 3 at this time did not seem reasonable to him. Council Member Brandman offered the following background; i.e., District 1 had not seen a Council Member elected since 1986, District 2 had Iry Pickier who was last elected in 1990 followed by Frank Feidhaus elected in 1998. He continued to report that Richard Chavez, elected in 2002, resided in District 3 and Lorri Galloway, although a resident of District 6 was the candidate of choice in District 3 in 2008. Gail Eastman a resident of District 3 was their choice in 2010 and he (Jordan Brandman) was the overwhelming choice of District 3 in 2014. In addition, he pointed out Council Member Vanderbilt resided in District 3 and had been elected in 2014 as well. For District 5, he pointed out, there had not been a Council Member elected from that area for the last 20 years. Historically, he remarked, District 3 had been represented by two Council Members since 2010 and was also represented by Mayor Tom Daly for 14 years from 1988 to 2002. He explained his reasoning for settling the lawsuit was to guarantee there would be full neighborhood representation as soon as possible and based upon that, the most equitable for neighborhood representation citywide was Districts 1, 2, 4 and 5. District 3 had representation by two Council Members since 2012 and would continue to have a representative until 2018 and he believed Council Member Vanderbilt would continue to serve that district well. Mayor Pro Tern Kring concurred, the equitable way to select districts for the 2016 election was to make sure every single person felt they had someone to represent them on this dais and the City Council Minutes of November 17,2015 Page 10 of 13 only way to accomplish that was to place Districts 1, 2, 4 and 5 for 2016 elections. She added it was the will of the community to approve the Reyes Map with two minority Hispanic districts and one majority; i.e. District 3 that was well represented by Council Member Brandman and Council Member Vanderbilt, who happened to be of Hispanic heritage. Council Member Murray remarked her motion was the only pathway in the next election cycle that ensured and kept the promise for the voters who supported Measures L and M. In addition, Mr. Vanderbilt who resided in District 3 was Latino and had been overwhelming elected by residents and would continue to serve them well for the next two years. Otherwise, she pointed out, Mr. Vanderbilt would be required to run in 2016 which would cut two years off his tenure. Council Member Vanderbilt responded that the supportive votes he received in 2014 actually came from areas other than District 3. He stated he would not have won had he been required to run in District 3 only since he came in second place in District 3 in both the school board and city council position and had only won because both seats were for the second seat. He believed the public's opinion was important and was the reason he supported the Mayor's original motion. He remarked his interest to explore the issue further as there were comments made that were worth discussing and asked if the matter could be continued. Mr. Houston responded that in discussions with the City Clerk, an additional public hearing could be scheduled after the December 8th hearing. Council Member Vanderbilt asked if the city was open to legal action if the city did not include District 3 in an election as soon as possible with Mr. Houston responding that the main motion and the amended motion were defensible under all legal theories. He reminded Council that whatever districts were selected tonight, the charter required one of them have a random draw of two years, and any one of those selected districts might hypothetically receive a two year term and be put into a non-presidential year election cycle. In addition, the maps would be used unless they were tweaked in the legislative discretion of the City Council in 2016, 2018 and 2020 elections, at which point the charter would be required to go through a redistricting process to allow for those lines to move. He mentioned this because under case law including the U.S. Supreme Court case law, the determination of whether someone was violating Federal VRA usually required a history over a course of election cycles to prove there had been racially polarized voting. He expressed his doubt that anyone would be successful challenging either one of these results in the short term because of the need to show over a course of election cycles. He also pointed out that the data developed regarding election turnouts seemed to show District 3 performing best in electing hypothetical candidates, compared to the other two districts, in both a presidential and off year elections, meaning that the candidates had the strongest opportunity in non-presidential election years over the other districts to elect potential candidates of their choice. Council Member Vanderbilt asked if he meant those districts would have elected the person of their choice with Mr. Houston responding the data showed that over a historic run of elections, District 3 had the highest turnout whether it was a presidential year election, or not, while the other two districts tended to take a dip in off-year elections in terms of voter turnout. He further clarified that of Districts 3, 4 and 5, the highest turnout tended to be in District 3 and there had been testimony before the Committee and Council that the trend in participation in the city including those districts was increasing and would be expected to continue. Mayor Tait remarked that both scenarios were supportable legally, however, he believed excluding District 3 from the 2016 election weakened the city's stance and that it was not prudent to exclude the Latino majority district. He emphasized the consensus from the public City Council Minutes of November 17,2015 Page 11 of 13 was to place Districts 1, 3, 4 and 5 on the 2016 ballot and for that reason he would oppose the amendment to his motion. Council Member Brandman pointed out there had been times when every public speaker supported a position, i.e., the GardenWalk project, and at that time Mayor Tait rejected that argument and opposed the issue. Mayor Tait responded the fact that the community supported Districts 1, 3, 4 and 5 was not the sole reason for his support; it just helped his argument to not exclude the Latino plurality district. Council Member Murray remarked this process had been deliberative, fair and community based from the beginning and to say that choosing District 2 to the exclusion of District 3, was not factual. She stated that there was a sitting Latino representative in District 3 and this was about electing people who know their community and Council Member Vanderbilt had served his community honorably. If Districts 1, 2, 4 and 5 were placed on the 2016 ballot and Districts 3 and 6 in 2018, every single resident would have a representative. Council Member Vanderbilt remarked that in 90 percent of agenda items considered by Council there was usually a staff recommendation and in this case there was none. He asked the City Attorney if there were other defensible positions with Mr. Houston responding this was a standard legislative act in which Council would make a determination on what was best for the city regarding the selection of districts for 2016 ballot. Mr. Houston stated the two district options before Council for consideration were both legally viable. Regarding the city's website, Council Member Vanderbilt asked how and when staff would identify each council person's representation and at what point his name would appear as the District 3 representative. Mr. Houston responded that following the 2016 election, individuals who were elected by districts would be identified as such with the remaining members who were elected at large identified as at large council members. Mr. Vanderbilt then asked the City Clerk if District 3 and 6 residents looked for their representative on the city's website or contacted the city, what information would be provided. Ms. Andal responded that if a resident of those districts contacted her office to find out who their representative was, she would indicate their representatives would be the Mayor and two council members, all of whom were elected at large. She added that same fact would be made clear on the website as well. Council Member Murray reiterated the motion she made was to ensure there was a sitting representative in every council district and while Mr. Vanderbilt was elected at large, he lived in District 3 but also had the privilege of serving the entire city. She added nothing had been put in writing and it was in the purview of Council to provide direction going forward. She also pointed out that the City Attorney and the demographer researched voting patterns and found that District 3 actually performed better in an off presidential year which put District 3 at a slight advantage to not be in this next election cycle. Council Member Vanderbilt responded it appeared there was some direction made that even though he was elected at large, he was being assigned to District 3 without the right to move. Mayor Pro Tem Kring requested clarification with Mr. Houston remarking there was one critical issue here, districting was a method of election, not a method of governing, which did not necessarily mean those that were elected by and from a specific district were only accountable in terms of governing to those specific residents. He added it could wind up becoming an City Council Minutes of November 17,2015 Page 12 of 13 eventuality because those residents were the voters, but from a governmental perspective each and every Council Member would continue to govern the city of Anaheim, as a whole. Mayor Pro Tern Kring concurred, stating it was incumbent on all councilmembers to pay attention to the district they represented but to also realize there were bigger issues that affected the public citywide, such as the Angels, the Honda Center or Westgate. Council Member Murray explained she was not trying to assign a process but to bring up an alternative Council could consider for communication. Council Member Vanderbilt added that the districting process had been open and transparent and he appreciated that the boundary lines were drawn without taking into account where individuals lived. He indicated the judges had an opportunity to speak on this issue but deferred to the City Council and the City Attorney's recommendation. He added the public who spoke tonight gave a clear indication of district selections that were consistent with his viewpoint. He appreciated and supported their input and would like to follow through with that support but recognized he would not have an opportunity if the amended motion was approved. Mayor Tait called for the vote on Council Member Murray's request to amend his motion to select Districts 1, 3, 4 and 5. ROLL CALL VOTE: AYES—3 (Mayor Pro Tern Kring and Council Members Brandman and Murray). NOES—2: (Mayor Tait and Council Member Vanderbilt). Motion to amend carried. Council Member Murray moved to introduce the Ordinance, determine the ordinance was not subject to CEQA and place Districts 1, 2, 4 and 5 on the November 2016 ballot, seconded by Mayor Pro Tem Kring. 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. REPORT ON CLOSED SESSION ACTIONS: None COUNCIL COMMUNICATIONS: Council Member Brandman wished everyone a Happy Thanksgiving. Council Member Murray thanked City and County staff for the several years of work in developing a full service homeless and multiservice shelter on Kraemer and for what she hoped would be the first of many full-service, year-round multi-service homeless shelters. She also confirmed and thanked the city for supporting the Acts of Kindness program at Centralia School District as well as with other school districts across the city. Council Member Murray asked that tonight's meeting be adjourned in memory of the victims of the Paris attack. Council Member Vanderbilt stated he had the opportunity to visit an apartment facility on Magnolia/Lincoln that was using vehicle lifts and that other apartments were starting to use these lifts. In response to the community's request for more parking spaces and to encourage or assist apartment owners in expanding their parking inventory, he asked staff to explore the vehicle lifts and return to Council in the next few weeks to discuss the option, Mayor Pro Tem Kring requested the meeting adjourn in memory of Gordon Hoyt, thanked the City and County for their efforts in developing a full service homeless shelter on Kraemer, and spoke of the "Week of Thanks" Thanksgiving dinner at the Honda Center by Frank Garcia. She thanked all those who had attended the Veteran's Day ceremony and encouraged veterans to City Council Minutes of November 17,2015 Page 13 of 13 submit a story of their experience to her office; she stated those stories would be packaged into a book with all proceeds going to shelter homeless veterans. She shared Dennis Long's story and how he found help and shelter. Mayor Tait thanked those involved in developing a full service homeless shelter on Kraemer, spoke of the Acts of Kindness program at the Centralia School District, and wished everyone a Happy Thanksgiving. ADJOURNMENT: With no further business, Mayor Tait adjourned the meeting at 8:00 P. M. in memory of Gordon Hoyt and the victims of the Paris terrorism attack. tevspecttully submitted, , ..-----)ditioLL,,.. 41.,...r) Linda N. Andal, CMC City Clerk