RES-2015-147 RESOLUTION NO. 2015 -147
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM,
CALIFORNIA, CREATING AN ADVISORY COMMITTEE ON ELECTORAL
DISTRICTS COMPOSED OF RETIRED JUDGES, ESTABLISHING THE
RULES AND PROCEDURES GOVERNING THE COMMITTEE AND
ESTABLISHING A PROCESS FOR THE DRAWING OF CITY COUNCIL
DISTRICTS
WHEREAS, at the November 2014 election the voters of the City of Anaheim approved
Measure L, consisting of amendments to the Anaheim City Charter requiring that, commencing
with the November 2016 general municipal election, City Council members be elected by
single- member districts rather than at- large. As a result, beginning with the 2016 election, City
Council members must live in and be elected from a geographic district, only by voters of that
district; and
WHEREAS, at the November 2014 election the voters of the City of Anaheim approved
Measure M, consisting of amendments to the City Charter requiring that, commencing with the
November 2016 general municipal election, the size of the Council increase from four members to
six members, plus a Mayor. The Mayor will continue to be elected at- large; and
WHEREAS, pursuant to that certain Settlement Agreement and General Release of Claims
(as amended) between the City and certain individual plaintiffs in the case entitled Moreno et al. v.
City of Anaheim, the City agreed to create an advisory committee to assist in the development and
recommendation of district maps for adoption by the City Council. Upon Council approval, these
district maps would be used commencing with the 2016 City Council elections under the "by
district" electoral system; and
WHEREAS, pursuant to the Settlement Agreement, it is preferred that the advisory
committee be comprised of either three or five (with preference for five) retired judges who served
on the Orange County Superior Court and are registered voters in Orange County. The
Settlement Agreement further provides that in the event that one or more retired judges are voters
of Anaheim, then preference would be given to these individuals. Any remaining committee
members would be selected by random draw; and
WHEREAS, in connection with the preference expressed in the Settlement Agreement to
create an advisory committee consisting of retired judges that have served on the Orange County
Superior Court, the City Attorney's Office engaged in research of and outreach to retired judges
meeting the requirements of the Settlement Agreement. Through this outreach process, the City
received applications from retired judges sufficient in number to permit the use of an advisory
committee composed of retired judges; and
WHEREAS, the City of Anaheim seeks to promote the participation of the City's voters,
residents, community groups, businesses and other stakeholders in the City's process to establish
City Council district maps for use commencing with the November 2016 election; and
WHEREAS, to provide adequate time for candidates and the public to consider the district
maps prior to the filing period for the November 2016 general municipal election, the Council
directed that the advisory committee process be promptly established and completed so that the
City Council could consider Council district maps prior to the end of 2015, if reasonably possible;
and
WHEREAS, following a notice, inquiry and outreach process to retired judges that served
on the Orange County Superior Court, applications from 14 retired Orange County Superior Court
judges were submitted expressing willingness to serve as members to the advisory committee. Of
those submitting applications, one person was determined to be a resident and voter of Anaheim
and the remaining applicants have stated they are registered voters in Orange County, as required
by the Settlement Agreement; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim as
follows:
1. Committee Creation. There is hereby established the City of Anaheim Advisory
Committee on Electoral Districts ( "Committee "). The Committee shall consist of five voting
members who are retired judges that served on the Orange County Superior Court. The
Committee is an advisory body to the City Council, solely created for the purposes identified in
Section 5 of this Resolution.
2. Appointments to Committee and Replacements. Based on the applications
submitted by interested retired judges meeting the qualifications described above and in the
Settlement Agreement, the following individuals are hereby appointed to the Committee: Justice
Edward Wallin (an Anaheim resident and registered voter),
Judge James Jackman , Judge Steven Sundvold
Judge Thomas Thrasher and Justice Nand Iiehen Stock ,with the
latter four persons being appointed pursuant to random draw at the Council meeting at which this
Resolution is approved. In addition, the following two retired judges are selected based on
random draw (without further need for action or ratification of the City Council) as replacements
who shall serve as members of the Committee if, and only if there is a vacancy on the Committee:
Judge James Alfano and Judge David Brickner . The
aforementioned replacements shall be deemed appointed automatically upon a vacancy in the
order listed, so long as such persons remain willing to serve. Any further need to fill vacancies
arising on the Committee shall be made by random draw from the remaining pool of eligible
applicants who filed applications to serve on the Committee. In the event that vacancies cannot
be filled due to a lack of interest by eligible applicants who filed applications, then the Committee
may continue to meet and perform its duties, without further need to select replacements, so long
as three persons remain members. The terms "eligible applicant" or "eligible" as used in this
Resolution shall mean as determined either by City staff or the City Council, subject to the
requirements of the Settlement Agreement, and City Staff or the City Council may seek additional
applicants as deemed necessary.
3. Committee Vacancies. Committee members serve at the pleasure of the Council.
If a Committee member resigns from the Committee, fails to attend sufficient meetings as set forth
in City policies, or is removed by the City Council, then replacements shall be made pursuant to
the process established in Section 2.
4. Committee Makeup. Committee members must, at all times during their service
on the Committee, be registered voters of Orange County. Persons who are appointed have, at the
time of their appointment filed a written declaration with the City Clerk stating that they will not
seek election to a by- district seat on the City Council in 2016 or 2018.
5. Committee Jurisdiction & Criteria for Action on Maps. The Committee's sole and
exclusive purpose and jurisdiction shall be to assist in the development of district maps to
recommend for adoption by the City Council for use commencing with the 2016 City Council
elections and such other ancillary matters as the City Council may direct. The Committee shall
take input from the public. The Committee shall recommend district maps that it believes, based
on testimony submitted from the public and in reliance on advice from professional staff and
counsel, are compliant with applicable state and federal law. The Committee shall, if requested
by a Councilmember or the City Council, consider such matters as specifically requested by the
Councilmember or City Council; such matters may include if directed, but are not limited to,
particular focus on specific lawful districting criteria, communities of interest and a transition plan
from at -large to district elections.
6. Committee Recommendations and Final Report. The Committee's
recommendation(s) shall be delivered in a written final report to the City Council by no later than
October 6, 2015, or through such other means and on such other dates as shall be set by the City
Council. The final report does not need to be unanimously approved. The final report shall offer
one or more recommended district maps for adoption by the City Council. The final report
containing the Committee's recommendations shall thereafter be discussed by the City Council at
upcoming meetings, which shall include public hearings as required by law.
Pursuant to Charter Section 500.1, the City Council retains discretion to modify, reject or
approve any Committee recommendations and to propose and ultimately approve district maps.
7. Committee Staff and Consultants. To assist the Committee, the City's staff and
City's consultants are authorized and directed to provide logistical and legal support, community
outreach assistance, and all necessary information to the Committee regarding the Committee's
jurisdiction described in Section 5 above. The Committee will be staffed by the offices of the
City Manager, City Attorney (through outside counsel) and City Clerk (including demographic
consulting staff).
8. Committee Meeting Dates /Times. To encourage public input and access, the
Committee will meet an average of twice a month during the months of May through September,
2015 and may meet as desired by the Committee (or directed by the Council) at other times prior to
its termination. The times and dates of Committee meetings shall be determined by the
Committee. Committee meetings may occur at City Hall and at other locations in the City, to
afford community involvement.
9. Subcomittees. The Committee may create and assign tasks to subcommittees
composed solely of Committee members and have those subcommittees report to the full
Committee.
10. Automatic Termination of Committee. The Committee shall automatically
terminate thirty (30) days after delivery of the final report to the City Council, unless otherwise
extended by the City Council pursuant to resolution or motion.
11. Open Meetings, Applicable Rules, Website. The Committee and its members
shall be governed by the Ralph M. Brown Act (Cal. Govt. Code § 54950 et seq.), the Anaheim
Municipal Code (including, without limitation, with respect to conflicts of interest) and all other
applicable laws. Committee meetings shall be open to the public, recorded, and available for
viewing at www.anaheim.net. The City will establish a special section of the City's website for
full access and transparency on all agendas, minutes, and schedules of the Committee, as well as
proposed maps and other matters related to the Committee and the process of establishing City
Council district boundaries. Required public notices and agenda (but not agenda material) of the
Committee will be translated into Spanish, Chinese, Korean and Vietnamese.
12. Committee Chair, Procedural Rules. The Committee shall appoint a chairperson
to preside over the meetings of the Committee. If desired, the Committee may adopt procedures
for the conduct of its meetings and activities that are necessary and convenient to enable the
Committee to carry out its functions.
13. Reimbursement for Expenses. Committee members shall serve without
compensation but shall be reimbursed for necessary and approved travel and expenses incurred in
the performance of their duties in accordance with Council policy.
[Resolution continued on next page.]
THE FOREGOING RESOLUTION is approved and adopted by the City Council of the
City of Anaheim this 7th day of April.. 2015, by the following roll call vote:
AYES: Mayor Tait and Council Members Kring, Murray, Brandman and Vanderbilt
NOES: None
ABSENT: None
ABSTAIN: None
r
Tom Tait, Mayor
ATTEST:
Linda Andal, City Clerk, CMC
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