12/15/2015 ANAHEIM CITY COUNCIL REGULAR AND REGULAR
AJOURNED MEETING OF DECEMBER 15, 2015
The regular meeting of December 15, 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 15, 2015 was
called to order at 4:33 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
11, 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: None
PUBLIC COMMENTS ON CLOSED SESSION ITEMS: None
At 4:38 P.M., City Council adjourned to closed session for consideration of the following items.
CLOSED SESSION ITEMS:
1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (d)(1) of Section 54956.9 of the California Government Code)
Name of Case: HPT IHG-2 Properties Trust, et al. v. City of Anaheim, et al., Court
of Appeal Case No. G049695, OCSC Case No. 30-2012 00608509 and related OCSC
Case No. 30-2009 00125412
2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Section 54956.8 of the Government Code)
Property 1: Western portion of 964 W. Katella Avenue; APN 137-011-07;
Owner, City of Anaheim
Property 2: Southern portion of 1030 W. Katella Avenue; APN 137-011-20; Owner, FJS
INC
City Negotiator: Paul Emery, City Manager
Negotiating Party: FJS INC
Under Negotiation: Price and terms of payment for purchase and lease of property
At 5:18 P.M., council session was reconvened.
INVOCATION: Pastor Wilian Guerra, Calvary Chapel Roca Viva
FLAG SALUTE: Council Member Jordan Brandman
PRESENTATIONS: Recognizing Nellie Hernandez, Anaheim resident, celebrating her 100th
birthday
The family of Nellie Hernandez appreciated this honor, remarking that with six children, she now
enjoyed 32 grandchildren, 68 great-great grandchildren, 27 great-great-great grandchildren and
one great-great-great grandchild, a remarkable total of 128.
City Council Minutes of December 15, 2015
Page 2 of 13
Recognizing Eveyln Hicks, 25 year Director/Choreographer of Dapper
Tappers
Ms. Hicks appreciated the city's recognition, announcing when she first began with the Dapper
Tappers she was the youngest member and now, at 85 years old, she was its oldest member.
Recognizing Anaheim Police Volunteers Chaplain Corps for 25 years of
service
Chief Quezada introduced members of the Volunteer Chaplain Corps. Deputy Chief Harvey
explained the program began in 1990 with four chaplains offering spiritual and emotional
support to anyone in need, to members of the public as well as the Anaheim police personnel
and their families.
Anaheim Beautiful Holiday Lights Contest Winners
Sandra Sagert announced the winners of the 2015 Holiday Light contest, stating that photos
and addresses would be available at
ACCEPTANCE OF OTHER RECOGNITIONS (To be presented at a later date):
Proclaiming January 11, 2016, as National Human Trafficking Awareness
Day
At 5:49 P.M., the Anaheim Housing Authority was called to order for in a joint public comment
session with the City Council.
CITY ATTORNEY REPORT:
City Attorney Michael Houston reported the City Council unanimously voted to authorize the
filing of a petition for review with the California Supreme Court in the case of HPT IHG-2
Properties Trust v. City of Anaheim. He explained the case involved the plaintiffs seeking a writ
to order the City to perform certain actions relating to parking requirements under a 1999
Conditional Use Permit.
ADDITIONS/DELETIONS TO THE AGENDAS: 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 Andal.
Cecil Jordan Corkern, Outreach Homeless Ministries, offered a reading from the scripture.
William Fitzgerald opposed actions related to the majority vote of Council on the recommended
district map and the sequencing of district elections in 2016.
R. Joshua Collins, Homeless Advocates, talked about the meaning of Christmas and why the
impacts of being homeless should be addressed by all.
Bao Nguyen, Mayor of Garden Grove, indicated his statements were offered as a concerned
citizen, and not a politician. He appreciated and supported Mayor Tait's non-partisan stance
regarding district elections and the democratic process as the people participated and
collaborated on the final recommended district map. He urged the Council to stand up for the
people and sequence Districts 3, 4 and 5 in the 2016 election.
City Council Minutes of December 15, 2015
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Former Senator Lou Correa stated he had participated in the 2000 districting of state assembly
seats, the 2010 districting of state senate seats, and had also served on the Senate Elections
Committee, chairing that body for a number of years. From that process he learned that
transparency, due process, and following the law mattered to give democracy credibility. He
stated Anaheim had a final recommended district map presented by five retired honorable
judges with no hidden agenda other than to follow all applicable laws. Additionally, the city
attorney as well as consulting counsel concurred that the recommended map met all legal
requirements and City Council had unanimously voted in support of it. He did not understand
why it was not now being adopted, asking Council to listen to the people of Anaheim, adopt the
judge's recommended plan, and put Districts 1, 3, 4 and 5 up for election in 2016.
Joanne Sosa, Take Back Anaheim, remarked Council had no explanation as to why they
reversed approval of the recommended map. She questioned why Council was taking this
position when no opposing voices had been presented.
Mark Daniels, resident, stated he wanted to see Anaheim prosper with the recommended map
that was submitted. He urged Council to have the courage to do the right thing and stop the
conflict and contention.
Senator Joe Dunn talked about the political process, balancing difficult issues in the interests of
constituents with varying views. In this instance, empowering a community that had been
disenfranchised was the core of the American way and was something that should be rectified
as soon as possible. He urged Council to embrace justice and not delay.
Kenneth Batiste, resident, remarked the current council was not a true representation of the
communities adding that everyone should be included in the political process.
Vern Nelson provided an update on the Acevedo litigation. He spoke about the map and
sequencing of elections expressing that two majority Latino districts was worse for Anaheim's
Latinos than one majority and two pluralities as identified in the recommended map because it
locked them into a council minority for years to come. He urged Council to compromise, retain
the Recommended Map, allow District 3 to vote in 2016 along with any compromise of the
remaining five districts.
Victoria de Gomez, resident, expressed her distress at the outcome of the districting process
emphasizing council members were elected to their positions by the people of Anaheim and as
civil servants, should be working for those people.
Ada Tamayo, District 3 resident, remarked a comment had been made that districting was not
about representation, it was about participation, stressing that the communities were here to
participate and asked if Council was listening.
Mirvette Judeh addressed comments made related to non-resident speakers and that votes had
been bought. She stated she had been a volunteer in Anaheim for the past seven years,
involved in supporting Measures L and M because she had vested interests in Anaheim, owning
five properties here and all over southern California. She went door to door to support
Measures L and M stressing no votes had been purchased as that there was an army of people
doing the same thing to get the word out. She hoped her comments would now be considered
and did not understand why the people's map had been denied.
Oscar Reyes expressed his disappointment in last week's decision, adding that the community
worked tirelessly with the districting process, attending meetings every month, organizing,
City Council Minutes of December 15,2015
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compromising and united in this one map deemed to be the best for the community. He pointed
out he did not wish nor did the people wish to see Ponderosa, Little Arabia and any of those
communities of interest split and wanted the recommended map to stand along with Districts 3,
4 and 5 for election in 2016. He asked council to listen to the people, ratify the map and let their
voices be heard.
Marisol Ramirez remarked she had been involved in the process of developing the people's
map including community engagement meetings and breakout groups to get everyone ready for
the public process. She emphasized there was a huge level of community participation at these
meetings and over 30 maps had been proposed during the first phase with the people's map
ultimately receiving support from the entire community and even from others who had submitted
competing maps. She pointed out the Council had since received over 1,300 signatures in favor
of the Reyes map, no testimony had ever been given in support of any other map, and any
future delays to a community that had been inspired and hopeful throughout the process would
deny them justice.
Jose Moreno, resident, addressed the background of the current situation on districting in
Anaheim, emphasizing that delaying districting in the city was unacceptable to the people of
Anaheim. He stated that MALDEF and LULAC sent letters to the city denouncing any delay and
then sent follow-up letters to clarify and strongly oppose any delay to implementing district
elections. LULAC urged Council to adopt the people's map and put District 3 on the November
ballot as did MALDEF. Counsel Ben De Mayo and city attorney Michael Houston stated the
recommended map met all criteria, the five judge advisory committee unanimously
recommended it. He expressed that restarting the process would undermine a civic process that
would improve electoral representation for those who had lacked it for years. He asked that the
recommended map be approved, and Districts 1, 3, 4 and 5 be up for ballot in November 2016.
Ivan Miller, OCCORD, remarked he was present throughout the districting process and urged
Council to reconsider the advisory committee's thoughtful unanimous recommendation for the
district map. He stated the Supreme Court emphasized communities of interest above all else
and that focusing on maximizing majority Latino districts might not accurately reflect minority
groups ability to elect preferred representatives, as was the case in Anaheim. He pointed out
that the city's demographer had explained he could not protect the communities of interest that
had been discussed over the months of meetings and also draw two majority Latino CVAP
districts and that the panel of judges had considered those issues along with the law and
determined the recommended map allowed Latinos a chance at their preferred candidates in
three out of six districts which still gave them their communities of interest. He supported the
people's map with Districts 3, 4 and 5 up for election in 2016.
Martin Lopez, resident, stated he had the honor to serve on the city's Advisory Committee on
Elections that resulted in one recommendation, to allow the voters to decide for or against
district elections and two years later the voters approved in favor of districts. He added the map
Council Member Brandman mentioned as an alternative to the recommended map did not meet
four key criteria the judges adopted: 1) the Colony area was split into three different districts, 2)
Little Arabia was split into three different districts, 3) the Ponderosa neighborhood was split into
two different districts and 4) only one district was guaranteed for West Anaheim instead of the
two districts represented in the recommended map. He underscored that the recommended
map was the fairest map for Anaheim and the one the people supported.
City Council Minutes of December 15, 2015
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Victoria Michaels, resident, voiced her opinion of the Council's conduct during receipt of public
comments and of the rejection of the recommended map when Anaheim residents had voiced
their support and none spoke against it. She then translated her comments into Spanish.
Rabbi Stephen Einstein stated he was a resident of Fountain Valley and was speaking as a
member of Clergy and Laity United for Economic Justice-LA. He urged Council to reconsider
their decision and support the request of the residents of Anaheim to approve the
Recommended Map and sequence District 3 in the November 2016 election on a unanimous
vote.
Robert Williams stated he was a declared candidate for District 4, adding that if Council decided
to put District 3 up for election in 2016 and remove District 4, he would concur. He urged
Council to put aside party politics and do the right thing for the people, because it was the
people who put council members in this position.
Luis Lamar, UCI student, remarked this was an issue of justice to give those who were
disenfranchised an opportunity to elect a representative who understood their values and would
respect their votes. He was appreciative of Mayor Tait and Council Member Vanderbilt's
support in standing up for the people. He urged Council to overturn their decision, approve the
recommended map, and give the public the justice they deserved.
Alex Reyes, resident, remarked by rejecting the people's map, council was rejecting the people
of Anaheim, and rejecting the idea of civic engagement in the communities, a concept that
should be fostered and encouraged.
Al Jabbar, Anaheim Union High School District Trustee, talked about students that had been
engaged in the districting process and how this decision would impact their faith in the political
process. He hoped Council would consider that impact and have the courage to reverse their
decision.
Dylan Rose, Loara HS student, remarked by delaying the public's vote, this action would
discourage youths from participating in civic matters, adding he supported the recommended
map and Districts 3, 4 and 5 in 2016.
Jeanine Robbins, resident, found it difficult to understand why the wishes of the people of
Anaheim were repeatedly ignored by the Council majority. She added past decisions had cost
the taxpayers $2 million in litigation costs and the current decision has left the city vulnerable to
future legal action, again at taxpayers' expense. She asked Council to change their vote and
act on behalf of the people.
Matt, Loara HS student, stated he would be old enough to vote in the November elections and
requested the Council to listen to the people and reverse their decision.
Mayor Tait remarked he wanted to ensure everyone who wished to comment had an opportunity
to speak, inquiring if any members of the public in the lobby or in the chambers, with or without
a speaker card, wished to comment.
Francisco Avila Petia urged council to reconsider its actions and continue down the path of
democracy.
With no other speakers coming forward, public comments were closed.
City Council Minutes of December 15,2015
Page 6 of 13
COUNCIL COMMUNICATIONS:
Council Member Brandman thanked all in attendance and requested their patience as the City
moved through the districting process. He requested, pursuant to Council Policy 1.6, that staff
notice and agendize public hearings to be held on January 12, January 26 and February 9,
2016 for the purpose of considering and potentially taking action on the districting map
proposals previously submitted to the Advisory Committee that have 2 or more majority Latino
Citizen Voting Age Population, at a minimum.
CITY MANAGER'S UPDATE: None
At 7:04 P.M., Mayor briefly adjourned the council meeting to consider the Housing Authority
agenda, reconvening at 7:05 P.M.
CONSENT CALENDAR: Council Member Vanderbilt indicated he would abstain on Item No.
15 having worked with NOCROP this year. Mayor Tait stated he would abstain on Item Nos.
10, 22 and 23 as his firm had recently worked with R.J. Noble and OCTA. Mayor Pro Tern Kring
then moved to waive reading in full of all ordinances and resolutions and to adopt 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 3. Receive and file the status report on the moratorium for short-term rentals.
D117 4. Approve the Investment Portfolio Report for November 2015.
D116 5. Approve recognitions to be presented at a later date recognizing Anaheim Beautiful
Holiday Lights Contest Winners.
D116 6. Adopt a list of recurring annual recognitions for the 2016 calendar year and authorize
AGR-9546, staff to issue these recognitions accordingly.
9547,4391.E,
4390.E,4388.0, 7, Authorize the Human Resources Director to execute agreements with twenty-one
9548,59458, temporary employment agencies for the acquisition of temporary contract labor during
9549,9550, calendar year 2016.
4385.E,4406.F,
9551,7496.A,
5948.A 8. Ratify an emergency purchase order to Carrier Rental Systems (CRS), in the amount of
1324.C, 9552, $62,755.98, for temporary cooling equipment for Convention Center Hall E (Hall E), ratify
9553,9554, an emergency purchase order to Johnson Controls, Inc., in the amount of$25,817, to
9555,9556, repair the failed cooling equipment in Hall E, and ratify an increase to the current master
9557 agreement with CRS, in an amount not to exceed $45,000, for cooling equipment rental
for the Arena and Administration building and authorize the Purchasing Agent to
D180 exercise a one year renewal option for any additional as-needed rentals of cooling
equipment, subject to budget appropriations.
9. Ratify an emergency purchase order to Total Environmental Management, in the amount
of$35,868, for providing temporary cooling equipment rentals and emergency purchase
D180 order to South Coast Mechanical, Inc., in the amount of$92,645, for cooling equipment
repair at the Anaheim Police Department.
City Council Minutes of December 15, 2015
Page 7 of 13
10. Award of contract to the lowest responsible bidder, R.J. Noble Company, in the amount
AGR-9558 of$294,887.45, for the Placentia Avenue Rehabilitation Project from State College
Boulevard to the SR-91 Freeway, 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.
Mayor Tait recorded an abstention on this item. ROLL CALL VOTE: AYES—4: (Mayor Pro
Tern Kring and Council members: Brandman, Murray and Vanderbilt). NOES— 0.
ABSTENTION— 1: Mayor Tait. Motion to approve carried.
11. Award the contract to the lowest responsible bidder, Hardy and Harper Inc., in the
amount of$333,000, for the Meats Avenue Rehabilitation Project from Nohl Ranch Road
AGR-9559 to the south city limits, 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.
AGR-9560 12. Award the contract to the lowest responsible bidder, Archico Design Build, in the amount
of$999,999, for the Sunkist and Euclid Branch Library Renovation Project and authorize
the Finance Director to execute the Escrow Agreement pertaining to contract retentions.
13. Waive Council Policy 4.1 and approve an agreement with Brick Curriculum Design and
Consulting, in the annual not to exceed amount of$175,000, for consulting services
AGR-9561 related to the Public Safety Career Pipeline Program with two (2) one-year optional
renewals and authorize the Chief of Police to execute any amendments or optional
renewals under the terms and conditions of the agreement.
AGR-7125.1 14. Waive Council Policy 4.1 and approve the First Amendment to Agreement with
Genevieve Bennington, $75,000 for continued transcription services, as needed, for the
office of the City Clerk.
15. Approve and direct the City Manager, or his designee, to execute a Workforce
AGR-9562 Innovation and Opportunity Act Agreement with North Orange County Regional
AGR-9563 Occupational Program (NOCROP) and Orange County Conservation Corps (OCCC), in
amounts not to exceed $403,898 for NOCROP and $269,265 for OCCC, to assist local
disadvantaged youth to prepare for the workforce and authorize the Workforce
Development Manager to administer the agreement.
Council Member Vanderbilt recorded an abstention. ROLL CALL VOTE: AYES— 4: (Mayor
Tait and Council Members: Brandman, Kring and Murray). NOES— 0. ABSTENTION— Council
Member Vanderbilt. Motion to approve carried.
16. Approve the Agreement for Acquisition of Real Property with Lance A. Hopkins, in the
AGR-9564 amount of$242,000, for the partial acquisition of property at 1204 North Brookhurst
Street for the Brookhurst Street Widening Project- 15 to SR91 freeway (RNV ACQ2013-
00448).
17. Approve, direct and authorize the Director of Public Works to execute the Memorandum
of Agreement and the Put Option, Purchase Agreement and Joint Escrow Instructions
AGR-9565 with EQR-Anaheim, LLC in accordance with the condition of approval for Tentative
Parcel Map No. 2012-148, generally located at 200 North Lemon Street and authorize
the City Clerk to record the Memorandum of Agreement.
City Council Minutes of December 15, 2015
Page 8 of 13 •
18. Authorize the Director of the Community Services Department, or his designee, to
accept donations, in an amount not to exceed $330,000, from various donors to
D150 purchase furniture for the Euclid and Sunkist Libraries and amend the Community
Services Department revenue budget accordingly and amend the Public Works
Department expenditure budget by $330,000 to purchase furniture for the Euclid and
Sunkist Library renovation project.
R100 19. RESOLUTION NO. 2015-291 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM authorizing the destruction of certain city records more than
two years old (Public Works).
20. RESOLUTION NO. 2015-292 A RESOLUTION OF THE CITY COUNCIL OF THE
P124 CITY OF ANAHEIM accepting certain deeds conveying to the City of Anaheim certain
real properties or interests therein (City Deed Nos. 11917 and 11918).
21. RESOLUTION NO. 2015-293 A RESOLUTION OF THE CITY COUNCIL OF
D175 THE CITY OF ANAHEIM designating Fairhaven Street from Crescent Avenue to
Westmont Drive, south side of Crescent Avenue from Manor Street to Fairhaven Street,
north side of Westmont Drive from Manor Street to Fairhaven Street, south side of
Westmont Drive from 1810 W.Westmont Drive to Fairhaven Street, and Linden Place
from Westmont Drive to end of cul-de-sac as "Permit Parking Only" Streets within
Permit-Eligible Parking District No. 21 (Permit Parking Area No. 21).
22. RESOLUTION NO. 2015-294 A RESOLUTION OF THE CITY COUNCIL OF THE
D175
CITY OF ANAHEIM adopting the Measure M2 Expenditure Report and authorizing the
City of Anaheim Finance Director to sign and submit the Expenditure Report to the
Orange County Transportation Authority on behalf of the City of Anaheim.
Mayor Tait recorded an abstention 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.
23. RESOLUTION NO. 2015-295 A RESOLUTION OF THE CITY COUNCIL OF
D175 THE CITY OF ANAHEIM certifying that Anaheim has the resources to fund the projects
submitted for inclusion in the FY 2016/17 - FY 2021/22 Transportation Improvement
Program and affirming its commitment to implement all of the projects submitted in the
program.
Mayor Tait recorded an abstention 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.
24. ORDINANCE NO. 6350 (ADOPTION) AN ORDINANCE OF THE CITY OF
C280 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) (Introduced at Council meeting of December 8, 2015,
Item No. 18).
25. ORDINANCE NO. 6351 (ADOPTION)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)
City Council Minutes of December 15, 2015
Page 9 of 13
(related to automotive sales agency offices, floor area ratios, special area setbacks,
commercial placemaking uses, projecting signs and coordinated sign programs)
(Introduced at Council meeting of December 8, 2015, Item No. 19).
C280 26. ORDINANCE NO. 6352 (ADOPTION) 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) (Introduced at Council meeting of December 8, 2015, Item
No. 20).
M142 27. ORDINANCE NO. 6353 , (INTRODUCTION) AN ORDINANCE OF THE CITY OF
ANAHEIM amending various subsections of Section 14.32.450 of Chapter 14.32 of the
D114 Title 14 of the Anaheim Municipal Code relating to permit parking.
RESOLUTION NO. 2015-296 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM amending City Council Policy 5.7 relating to permit parking.
28. ORDINANCE NO. 6354 (INTRODUCTION)AN ORDINANCE OF THE CITY OF
M142 ANAHEIM adding Chapter 4.19 to Title 4 of the Anaheim Municipal Code (Medical
Marijuana Cultivation and Processing) to prohibit medical marijuana cultivation and
processing activities in the City of Anaheim and determining pursuant to California
Environmental Quality Act (CEQA) that this ordinance is not a project pursuant to
D114 Sections 15060(c)(2), 15060(c)(3) and 15378 of the CEQA Guidelines.
29. Approve minutes of Council meeting of November 3, 2015.
END OF CONSENT CALENDAR:
Without objection by the Council, Mayor Tait moved to consider Agenda Item No. 33 prior
to Item Nos. 30, 31 and 32.
33. Discussion and potential action on the Advisory Committee on Electoral Districts
E127 reconvening for further deliberations.
Mayor Tait explained that the City Council as well as the Advisory Committee and the public
who had spoken at the last two hearings had agreed on the recommended map that set the
boundaries of the districts in Anaheim, a process that was going smoothly up to this point. The
breakdown occurred during discussion of the district sequencing, with the council majority
(Mayor Pro Tern Kring and Council Members Brandman and Murray) asking that Districts 1, 2, 4
and 5 be placed on the ballot in 2016 and Mayor Tait and Council Member Vanderbilt believing
it should be 1, 3, 4 and 5. As a compromise, he placed this item on the agenda, to send the
matter back to the judges to make a recommendation on sequencing.
To help with the discussion he provided a historical perspective on how the city got to this point.
He presented the process began in July 11, 2012 with workshops presented by experts on the
Federal and California Voting Rights Act with a significant number of the public becoming
educated on the districting process. On August 8, 2012, at a special meeting at Cook
Auditorium, the Mayor made a motion to put on the November ballot an election for"by districts"
to increase the number of council seats to six and that motion failed. He added that Council
Member Murray made a substitute motion to table the item and create a Citizen's Advisory
Committee to make a recommendation, which passed. On May 8, 2013, the advisory
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Page 10 of 13
committee's report was completed and the Mayor asked that it be placed on the June 11, 2013
meeting at a public hearing. At that time, he indicated his motion to put districts on the June
election failed and Council Member Murray's motion to call for an at-large voting system with
district residency passed. A lawsuit was subsequently filed, Moreno vs. City of Anaheim, which
was settled in June 2014 with this council unanimously agreeing to a settlement agreement
which called for placing the question of district elections before the voters on November 4, 2014
(Measure L calling for districts and Measure M which would increase the size of the city council
form four members to six with an "at large" mayor). The Mayor reported that Measure L passed
by 68.8 percent in favor of district elections and Measure M passed by 54.2 percent. He further
reported drawing the district lines followed that action with this council unanimously agreeing to
establish a panel of five retired superior court judges, picking the names out of a hat to take the
politics out of the process. The judges held ten (10) public meetings attended by over 700
people held at various sites throughout the city and on September 16th the judges adopted the
final map, the Reyes Map 2 also known as the people's map. He added that the Council held a
public hearing and every person who spoke was in support and the only thing left to do, after
approval of the map, was to pick the sequence of district elections. On October 6, 2015,
Council received and filed the Committee's report and final analysis; later the first reading of the
ordinance to adopt the map was approved. The disagreement arose when District 3, the only
Latino majority district in the city, was not in the sequence for 2016. Mayor Tait explained that
at the last meeting, in an effort to rectify that disagreement, Council Member Brandman moved
to restart the process, once the new census data on population was received in January 2016.
Mayor Tait added that he had spoken to James Whitehorne, Redistricting and Voting Rights
Data Office, US Census Bureau, who indicated the earliest those figures would be available was
in February meaning the earliest the process would begin was in February, requiring three
public hearings which would push the timeline to March. He added the unintended
consequence of this action would push the time of any campaign shorter, especially for a grass
roots candidate who would then be at a competitive disadvantage in 2016.
MOTION: For this reason, Mayor Tait moved to request the panel of judges to reconvene by
the next meeting on January 12th to come back with a recommendation on a final map and
sequencing of elections, seconded by Council Member Vanderbilt for purposes of discussion.
DISCUSSION: Council Member Vanderbilt asked about the potential to bring together the panel
of judges to meet before January 12th with City Attorney, Michael Houston responding that all
five of the committee members had been contacted, and four were willing to serve further with
the remaining judge hesitant but agreeing to reconsider if asked. He indicated if the motion
passed, the judges would be asked about their immediate availability.
RESTATED MOTION: Mayor Tait restated the motion to reconvene the committee with those
judges willing to further participate prior to the January 12th meeting regarding a
recommendation on the final map and the district election sequencing and that the
recommendation be placed on the agenda as a voting item.
DISCUSSION: Mayor Pro Tem Kring remarked she was unsure whether the panel of judges
would be interested in determining the election sequencing. She shared that she received
emails from residents on the west side, stating they had not had representation in District 2 for
20 years. Additionally, emails from the Anaheim Shores HOA representing 331 households
added their request for District 2 to be included in the 2016 ballot because they had not had
representation since the 90's. Council Member Vanderbilt responded that he had received two
letters, one from west Anaheim and from the Anaheim Shores HOA president, but he had not
sensed that a survey had been done of HOA members to get everyone's endorsement. Council
City Council Minutes of December 15, 2015
Page 11 of 13
Member Murray also mentioned she had heard from residents via emails and phone calls and
many from District 2 who expressed concerns over having no representation when District 3 had
elected their candidate of choice numerous times over the last ten years. She added MALDEF
had clarified their first letter and did not condemn the action taken by Council last week, they
just asked that the process be expedited. Mayor Tait remarked the issue being debated was
not sequencing or the map, it was solely about asking the panel of judges to reconvene by the
next meeting, on January 12th, and to come back with a recommendation on a final map and
election sequencing. He then asked Council to support his motion adding that he would support
whatever the recommendation was from the judges.
Council Member Brandman remarked he had watched all of the meetings, some of them
repeatedly and heard the retired judge's comments. He would be satisfied with having a
transcript prepared as part of the preparation for January 12th in the interests of moving forward
and not delaying this matter any further and could not, therefore, support the Mayor's motion.
The Mayor responded there was no need to take the map back to the judges as they had
already made their opinion clear. He added the only sticking point between the Council was the
election sequencing and getting the judge's opinion on that issue would allow Council to quickly
go forward. Council Member Murray responded that it was MALDEF who specifically questioned
adopting a map with one majority seat and their revised letter stated to expedite, and did not
state they were not in favor of looking at maps with additional CVAP (Citizen Voting Age
Population) seats. She supported Council Member Brandman's motion to consider maps with
more than one CVAP seat which would ensure the city adopted a map that could withstand the
test of time. Mayor Tait disagreed, adding the MALDEF and LULAC letters simply did not want
the exclusion of District 3.
Council Member Vanderbilt asked if staff had any discussion with the judges regarding
sequencing and if so, were any concerns raised about having input on those issues. Mr.
Houston replied the discussions were not that detailed, however the judges understood
sequencing could be one of the issues. Mr. Vanderbilt then inquired if the motion failed what
were the city attorney's expectations regarding the next series of events. Mr. Houston replied
the following actions would be scheduled based on a request from Council Member Brandman
to bring forward a public hearing process and another by the Mayor to re-agendize the
ordinance that was initially adopted with certain sequencing that would require a second
reading, if approved.
ROLL CALL VOTE: AYES —2: Mayor Tait and Council Member Vanderbilt. NOES —3: (Mayor
Pro Tern Kring and Council Members Brandman and Murray.) Motion Failed.
Mayor Tait requested the Recommended Plan (Map 3) and District Nos. 1, 3, 4 and 5 be placed
on the January 12 agenda.
ADJOURNMENT: Due to a lack of order, without objection, Mayor Tait adjourned the meeting
at 7:51 P.M.
Item Nos. 30, 31 and 32 were not acted upon during the meeting and were continued to
January 12, 2016.
30. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE
A123 CITY OF ANAHEIM authorizing the execution and delivery of a Revolving Credit
Agreement with Wells Fargo Bank, National Association, payable from and secured by
subordinate revenues of the Electric System and the Water System.
City Council Minutes of December 15,2015
Page 12 of 13
31. Consider(re)appointing representatives to serve on the Anaheim Union High School
District Foundation, for a one year term (continued from December 8, 2015 Council
meeting, Item No. 22).
B105
Anaheim Union High School District Foundation:
(RE)APPOINTMENT: (term ending December 31, 2016)
(currently held by Mayor Tom Tait)
(RE)APPOINTMENT: (term ending December 31, 2016)
(currently held by Council Member James Vanderbilt)
(RE)APPOINTMENT: (term ending December 31, 2016)
(currently held by Tom Morton, Staff)
B105 32. Consider an appointment to the Cultural and Heritage Commission to fill an unscheduled
vacancy, term ending June 30, 2016 and Sister City Commission to fill two unscheduled
vacancies, terms ending June 30, 2016 and June 30, 2017.
Cultural and Heritage Commission
APPOINTMENT:
(unscheduled vacancy of Chris Maya, term ending June 30, 2016)
Sister City Commission
APPOINTMENT:
(unscheduled vacancy of Laurie Leonard, term ending June 30, 2016)
APPOINTMENT:
(unscheduled vacancy of Kyndell Thorson, term ending June 30, 2017)
PUBLIC HEARINGS:
Public hearing items 34 and 35 were not acted upon during the meeting and continued to
January 12, 2016.
34. This is a public hearing to consider a resolution creating Underground District No. 64 -
D182 Orangewood.
RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM forming Underground District No. 64 (Orangewood) and determining
said action is exempt from the California Environmental Quality Act pursuant to Section
15302(c) of Title 14 of the California Code of Regulations.
35. This is a public hearing to consider a resolution revising the permit parking fees to
D128 include a new parking study fee.
City Council Minutes of December 15, 2015
Page 13 of 13
RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM adopting new permit parking fees (Anaheim Municipal Code
Section 14.32.450).
COUNCIL COMMUNICATIONS: None; meeting adjourned
Respectfully submitted,
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Linda N. Andal, CMC
City Clerk