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2014/01/07ANAHEIM CITY COUNCIL REGULAR MEETING O J ANUARY 7, 2014 The regular meeting of January 7, 2014 was called to order at 3:00 P.M. in the chambers of Anaheim City Hall and adjourned to 4:00 P.M. for lack of a quorum. The regular adjourned meeting of January 7, 2014 was called to order at 4:05 P.M. by Mayor Tait. The meeting notice, agenda and related materials were duly posted on January 3, 2014. PRESENT: Mayor Tom Tait and Council Members: Jordan Brandman, Gail Eastman, Lucille Kring, and Kris Murray STAFF PRESENT: City Manager Marcie Edwards, City Attorney Michael Houston, and City Clerk Linda Andal ADDITIONS/DELETIONS TO CLOSED SESSION: None PUBLIC COMMENTS ON CLOSED SESSION ITEMS: Cecil Jordan Corcoran, Outreach Homeless Ministries, offered personal comments unrelated to the closed session items. Council recessed to closed session at 4:09 P.M. to consider the following agenda items: CLOSED SESSION ITEMS CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (d)(1) of Section 54956.9 of the California Government Code) Name of Case: Moreno et al. v. City of Anaheim, Orange County Superior Court Case No. 2012- 00579998 CONFERENCE WITH LABOR NEGOTIATORS (Subdivision (a) of Section 54957.6 of the Government Code) Agency Designated Representative: Kristine Ridge, Jason Motsick Name of Employee Organizations: International Brotherhood of Electrical Workers, Local #47, Anaheim Municipal Employee Association (AMEA), General Employees and Clerical Employees, and Teamsters, Local #952 At 5:10 P.M., Council session was reconvened and the agenda resumed. INVOCATION: Pastor Jimmy Gaston, Church of Christ FLAG SALUTE: Council Member Lucille Kring Recognizing Cortina's on their 50" Anniversary Mayor Tait thanked the Cortina family for their hard work, dedication and contributions to the city over the last 50 years. Patrick Cortina thanked the city for assistance in rebuilding their business after suffering significant damage in last May's fire and spoke to the honor of keeping a third generation tradition of offering great Italian food and products to this community. City Council Minutes of January 7, 2014 Page 2 of 14 ACCEPTANCE OF OTHER RECOGNITIONS (To Be Presented at Later Date) Proclaiming January 11, 2014, as Human Trafficking Awareness Day Deputy Police Chief, Julian Harvey accepted this proclamation remarking that the Anaheim Police Department was at the forefront of human trafficking issues in Orange County, having developed community partnerships with non - profit and faith -based organizations and various local and federal law enforcement agencies to jointly combat this crime. Proclaiming January 20, 2014, as Martin Luther King, Jr. Day Bobby McDonald, Black Chamber of Commerce of Orange County, accepted this proclamation honoring Dr. Martin Luther King and presented council with a digital recording related to the establishment of the Martin Luther King memorial, including video highlights of his historical march on Washington. Recognizing the graduates of the Parent Engagement through Technology Program Mayor Tait requested the agenda be taken out of order to receive the report on closed session, followed by Council Communications, and with no objection City Attorney, Michael Houston provided the report from closed session. REPORT ON CLOSED SESSION ACTION Michael Houston, City Attorney, reported City Council unanimously approved a Settlement Agreement in the case of Moreno et al. v. City of Anaheim and provided a detailed summary of the unanimous agreement. He explained the case involved a challenge to Anaheim's existing at -large electoral system citing violation of the California Voting Rights Act (CVRA) explaining that the city defended itself and the system as part of the charter adopted by the voters in 1965 and also disputed the application of the CVRA to a charter city. Before negotiating this settlement agreement, he stated, Anaheim asked the plaintiff's to informally discuss settling the case without further litigation or cost to the parties in February through early April 2013 and at that time, could not reach conceptual agreement on some key issues. One such issue, he remarked, was the plaintiff's statement in court papers and letters to the city that any resolution of the issue required a court order and that voter action was unnecessary to change the city's method of electing council members. Mr. Houston further explained this settlement had done the following: 1) resolved the litigation and did so without any further litigation costs, 2) provided for full release of the plaintiff's complaints, 3) provided that the court would not retain authority over the city's process in electing council members but would instead provide for the voters to consider a proposed charter amendment to change that electoral system, and 4) the plaintiffs also agreed that by entering into this settlement agreement, it was not an admission by the city that the current electoral system violated CVRA or that CVRA was applicable to Anaheim. Mr. Houston indicated while the Brown Act required a brief identification of the key terms of the settlement agreement be identified in open session, he would give out additional detail for the public as follows: City Council Minutes of January 7, 2014 Page 3 of 14 1) The plaintiffs agree the city was not admitting liability or applicability of the CVRA to the city; 2) The settlement agreement, on implementation of certain key terms, fully disclosed of the complaint by the plaintiffs and ended the case without the city incurring any further litigation costs; 3) After certain actions by the city, the case against Anaheim would be dismissed with prejudice; 4) Plaintiffs would not be allowed to file a new suit challenging the city's electoral system or otherwise aid third parties in bringing such suit through 2018; 5) All claims plaintiffs had against the city involving the electoral system were released and waived and the waiver included a release of all legal theories and factual allegations related to the plaintiff's claims both known and unknown; 6) City Council would place on its agenda for action at an upcoming open session before February 7, 2014, a resolution calling an election in November 2014 to place a charter amendment on the ballot for the voters to decide whether to change from the city's at- large electoral system to a single member district in which city council members other than the mayor were required to be residents of and nominated by the residents of that district and the form and content of the proposed charter amendment was attached to the settlement agreement; 7) If the charter amendment was approved by the voters in November 2014, single member districts would be used in the next municipal election in 2016 and thereafter; 8) The resolution calling an election in June 2014 to allow the voters to consider a proposed charter amendment increasing the size of the city council from four to six would have an amendment placed on the city council agenda prior to February 7 for action to change the date of that election to November 2014. 9) City Council would place on an agenda for action at an upcoming open session prior to February 7 th , proposed amendments to Ordinance No. 6280 which enacted residency districts for city council members to: a) suspend the date of implementation of residency districts until the 2016 city council elections, so that residency districts would only be used if single member districts under the charter amendment failed and b) to eliminate the March 1, 2014 completion date of the district mapping process underway with such process to be restarted only if the charter amendment for single district members did not pass; 10) City Council would place on its agenda for action at an upcoming open session prior to February 7 the proposed repeal of resolution No. 2013 -110 which called an election to place residency districts into the city charter; 11) The settlement agreement provided that if the charter amendment for single member districts passed, then following the 2014 vote to approve that charter amendment, the city would create an advisory committee to make recommendations to City Council for the creation of single member districts to be used in the 2016 election and thereafter. The advisory committee would be appointed by the city council and consist of three retired judges of the OC Superior Court who resided in Anaheim. If there were no such three retired judges willing to serve, then the City Council would create a citizen advisory committee of up to nine (9) Anaheim residents that were broadly representative of the demographic, geographic, socioeconomic, and other communities of interest of the city; 12) As long as the plaintiffs dismissed their case, the city agreed to pay an amount of documented actual and reasonable attorney fees and costs to the plaintiffs' attorneys, the amount of fees which were not yet determined. The agreement provided that the parties would first attempt to mutually agree to such fees but if agreement was not reached, then the parties could mediate or appear in court to have a judge decide the City Council Minutes of January 7, 2014 Page 4 of 14 reasonableness of this award. The plaintiff's lawyers would be required to document their fees and costs by providing the city a chronological listing of hours spent, billing rates and description of tasks performed to substantiate their claim fees and costs; Mr. Houston ended his remarks by stating the settlement agreement contained other terms and provisions and any member of the public could obtain a copy of the full disposition of those terms by requesting such from the City Clerk during normal business hours. He added a limited number of copies of this agreement was available now and would also be available for public review on the city's website shortly. COUNCIL COMMUNICATIONS: Mayor Pro Tern Murray requested Mr. Houston clarify as to whether there had been an opportunity to dismiss the case with prejudice before this date while also insuring taxpayers were protected from further litigation costs. She also asked that he explain the legal meaning of "dismiss with prejudice." Mr. Houston responded he was not aware of any opportunity to dismiss with prejudice prior to this date and that the terminology "dismiss with prejudice" meant that the case, the facts alleged, and the legal theories could not be re -filed by those parties in the existing case or in any case. Ms. Murray followed up by asking if the plaintiffs were ever willing to consider an option earlier that would allow districts to be decided by the Anaheim voters. Mr. Houston replied that the plaintiffs had taken the position in court papers and in public correspondence that Anaheim voters were not needed to resolve the issue by voting on a charter amendment. Mayor Pro Tem Murray then posed the question if council had put single member districts on the ballot a year ago, would that have stopped this litigation with Mr. Houston replying that according to a September 2012 letter and court filings, the plaintiffs position was that placing single member districts on the ballot a year ago would not have ended their case against the city. He added the city would probably have approached the judge at that point seeking a dismissal but would have had to convince the judge at that point to either dismiss the case or stay, and he remarked, a number of cities that had taken that route saw these same lawyers continue to seek oversight of the implementation of that process and the litigation could have continued. Ms. Murray pointed out the current settlement protected the city and preserved the rights of residents to have a say in how they were governed and to ensure the democratic decision - making process was honored. For all those reasons, she was supportive of the settlement agreement reached today. Council Member Eastman was appreciative that the settlement agreement was unanimous and that the voters would now have an opportunity to weigh in on how they wish to be governed in the future. Council Member Kring stated she was proud to support this compromise but found it curious that the plaintiffs initially supported having a judge make the determination on Anaheim's governance stating that the voters were not necessary to that decision. Council Member Brandman expressed his support for this settlement as he had personally been committed to working towards an equitable solution with the plaintiffs and to have the outcome result in the voters deciding how they want to be governed. He looked forward to having the charter amendment on the 2014 ballot along with consideration of expanding council member seats. t City Council Minutes of January 7, 2014 Page 5 of 14 Mayor Tait stated that if Anaheim had enacted district elections, this lawsuit might not have been filed. Mr. Houston remarked that he did not think there would have been a legal basis under the CVRA, although having the Mayoral seat elected at large, meant that technically Anaheim would have had an "at- large" system. Mayor Tait then inquired if district elections were on the ballot in November 2012, would there have been the need for this lawsuit at that time with Mr. Houston responding that the city attorney's office would have taken the position that the change to district elections would have made the lawsuit unnecessary although he pointed out, these same attorneys had not supported dismissing similar cases against other municipalities and attempted to keep the court involved in the drawing of those district lines. Mayor Tait remarked that the settlement agreement was the right thing to do for the public but expressed his disappointment that it took so long to get to this point. He then provided background on the Anaheim's electoral system as approved by the voters in 1965. He explained the plaintiffs asserted that the city's "at- large" voting system violated CVRA, a law passed in California in 2002, and had argued that under the 2002 law, Anaheim council members were required to be elected from individual districts with only voters residing in those districts able to vote for a candidate coming from that geographic district. This district -based system, he noted, was used by most large cities including all of the ten largest cities in California except for Anaheim. He remarked Anaheim was not the first city to be sued under CVRA and how those cases fared in the courts was known to all. Mayor Tait commented that he had argued from the beginning that the public should be allowed to vote on their method of electing city council members and had Council agreed at that point in time, Anaheim would have saved $1 to 2 million in fighting this case. He was pleased that the settlement was made but expressed his frustration and disappointment and wondered why the recommendation of the Citizens Advisory Committee to put the issue of district elections before the people to vote had been ignored. Mayor Pro Tern Murray asked Mr. Houston to address whether there had been attempts to settle this case earlier. Mr. Houston responded that in January 2012 informal discussions were initiated regarding settlement of this matter which continued from February to April of last year with no resolution. Ms. Murray stressed that there were attempts to settle this case and alleviate expenses but there was no resolution that would insure voters had a say in the ballot box or that further litigation and appeals would cease. Mr. Houston further added that the plaintiff's attorneys and a public letter dated September 4, 2012 indicated their position was that the voters were not required to weigh in on the issue of districts and that the court could take full responsibility for implementing a change to Anaheim's electoral system. Ms. Murray ended her remarks stating she was supportive of this agreement which protected taxpayers from future litigation and allowed the citizens to vote on their preference. Mayor Tait asked if the court at one time stayed the proceedings to determine whether Anaheim was going to put district elections on the ballot with Mr. Houston responding that the city approached the court as part of the process related to the Citizens Advisory Committee and requested they stay its determination so that the process could be completed which the court agreed to do. Mayor Tait pointed out when Council failed to put this on the ballot, the litigation proceedings resumed. Prior to asking for public comments, Mayor Tait invited Mayor Chaffee from the city of Fullerton to speak. City Council Minutes of January 7, 2014 Page 6 of 14 Mayor Doug Chaffee remarked that Fullerton was reaching out to its border cities to share ideas and resources on a number of matters important to municipalities and was hopeful there would be future meetings to discuss like issues at some point in time. He appreciated Anaheim's cooperation in working to find solutions to homeless problems. He also indicated Fullerton had adopted a resolution establishing a policy of local control regarding land use and planning similar to Anaheim's recently adopted legislation, explaining that staff was sending copies of that resolution to other Orange County cities urging them to support this policy. ADDITIONS /DELETIONS TO THE AGENDA None. Prior to receiving public comment, the City Clerk read a brief decorum statement addressing guidelines for public comment. PUBLIC COMMENTS (all agenda items): Raul Alvarez addressed Cypress College's 39 Americana Awards, thanking the city for past support and extended invitations to this year's event honoring Dr. June Glenn. Jenelle Godges, Edison local public affairs representative, remarked that 3,171 Cypress students resided in Anaheim and that last spring, $37,000 in grants had been awarded specifically to Anaheim students from Cypress College. She hoped the city would participate in this annual fundraiser to be held in February at the Disneyland Hotel. Cecil Jordan Corcoran, Outreach Homeless Ministries, offered personal comments related to his religious endeavors. Maureen Aschoff, addressing short-term rental home businesses, thanked the Anaheim Police Officers who assisted her with clientele who were causing a problem in the neighborhood. She indicated the officers were professional, diffused the situation, and provided strategies for problem solving. She appreciated Council's support for vacation rentals by owners, remarking that problems did not often occur, but Anaheim Police Department's "Keep the Peace" program was a powerful tool if needed. William Fitzgerald, addressed his comments to the Angel's Stadium negotiations, offered methodologies for determining the real value of the stadium land and his opinion as to what would eventually be the outcome. Bob Tiscarano addressed the plight of the homeless in Anaheim, suggesting various solutions that might be put to use to solve this problem, identifying impacts to the community from the homeless living in their recreation vehicles and urging Council to find a solution as quickly as possible. James Robert Reade offered his opinions on Latino gang members and their relatives. Greg Diamond remarked the ACLU settlement was a victory of delay in that the question of district elections would be on the November ballot rather than the June ballot. This delay would provide for a two year deferment in which the majority Latino population would be disempowered with reduced minority turnout in those areas. He added should council agree to place districting on the June ballot which was still a possibility, any criticism that city council members served their own interests by that delay, would be thwarted. He also felt that any future debate on single member districts would be unfair as council members had unlimited time City Council Minutes of January 7, 2014 Page 7 of 14 in which to speak while the public was limited to three minutes twice per month to address their remarks. Ron Bengochea, resident, expressed approval of the agreement reached with the ACLU and the public could exercise their right to vote on how the city was governed. COUNCIL COMMUNICATIONS In response to a speaker's comment regarding placement of the district measure on the November 2014 ballot and at the request of Council Member Kring, Michael Houston, City Attorney, confirmed that the November 2014 election was selected and agreed upon in the settlement agreement with the Plaintiffs. At 6:26 P.M., Mayor Tait briefly adjourned the council session to address the Housing Authority agenda reconvening the agenda at 6:31 P.M. CONSENT CALENDAR: Mayor Pro Tern Murray removed Item No. 16 for further discussion and Council Member Brandman removed Item No. 18. Mayor Tait declared a potential conflict of interest on Item No. 12, and possible conflicts on Item Nos. 21 and 22 as his firm had worked with Orange County Transportation Authority in the past. Council Member 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 Eastman. Roll Call Vote: Ayes — 5: (Chairman Tait and Council Members: Brandman, Eastman, Kring and Murray.) Noes — 0. Motion Carried. 8105 3. Receive and file minutes of the Library Board meeting of October 14, 2013 and Public Utilities Board meeting of November 20, 2013. 4. Award the contract to the lowest responsible bidder, Thomasville Construction, Inc., in AGR -7950 the amount of $169,300, for the West Anaheim Youth Center air conditioning project and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. 5. Award the contract to the lowest responsible bidder, Asplundh Construction, Corp., in the amount of $6,577,722.05, for the Underground District No. 60 project on West Street from La Palma Avenue to Lincoln Avenue and Westmont Drive from West Street to AGR -7951 Loara Street and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. 6. Accept the lowest responsive bid of Pricon Inc., in the amount of $105,154.20 including D180 tax, for the purchase of Panasonic Toughpads for the Public Utilities Department and Information Services Division, in accordance with Bid # 8100. 7. Accept the low bid and approve an agreement with Pricon Inc., in the amount of AGR -7952 $157,505.18 plus tax, for computer networking components for the Community Services Library Division, in accordance with Bid # 8065. 8. Authorize the Purchasing Agent to issue a change order to the existing Master D180 Agreement with ABI Document Support Services increasing the annual agreement to City Council Minutes of January 7, 2014 Page 8 of 14 $40,000 in order to provide the additional services required by the City Attorney's Office, grant the Purchasing Agent the authority to revise the contract amount, as needed, for any future contract renewal years, in accordance with the approved budget appropriations for each applicable year, and amend the City Attorney's Office fiscal year 2013/14 budget accordingly. 9. Waive the sealed bid requirement of Council Policy 4.0 and authorize the Purchasing D180 Agent to issue a purchase order to Hampton Tedder Technical Services, Inc., in an amount not to exceed $25,000, for transformer repair work for the Anaheim Convention Center. 10. Waive the sealed bid requirement of Council Policy 4.0 and authorize the Purchasing Agent to issue a purchase order to Philips Healthcare, in the amount of $34,722.90 plus D180 tax, for the purchase of three demonstration HeartStart MRx monitors for Anaheim Fire Emergency Medical Services. 11. Waive the competitive bid process and authorize the Purchasing Agent to issue a D180 purchase order to Structural Composites Industries, in the amount of $39,999.97 including tax and shipping, for the purchase of eighty -five Self- Contained Breathing Apparatus air cylinders for the Fire Department. 12. Approve Amendment No. 1 to Cooperative Agreement No. C -1 -2958 and Amendment No. 2 to Cooperative Agreement No. C -9 -0413 with Orange County Transportation AGR- 7084.1 Authority relating to the Orangethorpe Corridor Grade Separation Program, authorize the Director of Public Works to execute any revisions that are in substantial conformance AGR - 5742.2 with the agreements, and any other related documents or agreements, and to take any and all actions as are necessary or advisable to implement and administer the agreements. Mayor Tait abstained on this item. Motion by Council Member Kring to approve, seconded by Council Member Eastman. Roll Call Vote: Ayes — 4: (Mayor Pro Tem Murray and Council Members: Brandman, Eastman and Kring.) Noes — 0. Abstention — 1: Mayor Tait. Motion Carried. 13. Approve the Final Map and Subdivision Agreement with La Vue. LLC for Tract No. AGR -7953 17116 located on 1556 West Katella for a 14 -unit condominium project. 14. Approve Amendment No. 2 to Memorandum of Understanding C -1 -2463 (MOU) with Orange County Transportation Authority (OCTA), the California Department of AGR- 67141 Transportation and the cities of Fullerton, Placentia, and Yorba Linda for a no cost extension of the MOU maintaining signal operations on Yorba Linda Boulevard as part of OCTA's Traffic Light Synchronization Program. 15. Approve an agreement with ComSerCo, Inc., in an amount not to exceed $100,000 annually, for on -site maintenance and repair of police Motorola radio equipment and AGR - 7097.8 Quantar repeaters, with three 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. City Council Minutes of January 7, 2014 Page 9 of 14 17. Approve and authorize the Director of Public Works to execute and take the necessary AGR -7955 or advisable actions to implement and administer the Professional Services Agreement, and any other related documents or agreements, with The Superlative Group for corporate sponsorship /naming rights consulting services for the Anaheim Regional Transportation Intermodal Center, in the amount of $45,000 for a valuation report, $7,000 per month for no more than twelve months and a 10 -15% commission once a naming sponsor has been selected, and authorize the Public Works Director to approve additional expenditures not to exceed 15% of the total maximum compensation. 19. RESOLUTION NO. 2014 -003 A RESOLUTION OF THE CITY COUNCIL OF D150 THE CITY OF ANAHEIM authorizing the Director of Community Services to submit an application for housing related parks grant on behalf of the City of Anaheim to the Department of Housing and Community Development, and if awarded, authorizing the acceptance of such funding on behalf of the City and amending the budget accordingly. 20. RESOLUTION NO. 2014 -004 A RESOLUTION OF THE CITY COUNCIL OF D129 THE CITY OF ANAHEIM authorizing the Fire Chief or his /her designee to submit an application on behalf of the City of Anaheim to the California Department of Resources Recycling and Recovery (CALRecycle) for an Used Oil Competitive Grant, to authorize acceptance of the grant if awarded, and amend the budget for the fiscal year in which the grant is awarded. 21. RESOLUTION NO. 2014 -005 A RESOLUTION OF THE CITY COUNCIL OF Pilo THE CITY OF ANAHEIM vacating a portion of Public Service Easements generally located at 3311 East La Palma Avenue pursuant to California Streets and Highway Code Section 8333 - Summary Vacation. (Abandonment No. ABA2013- 00265). Mayor Tait abstained on this item. Motion by Council Member Kring to approve, seconded by Council Member Eastman. Roll Call Vote: Ayes — 4: (Mayor Pro Tem Murray and Council Members: Brandman, Eastman and Kring.) Noes — 0. Abstention — 1: Mayor Tait. Motion Carried. 22. RESOLUTION NO. 2014 -006 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM accepting certain deeds conveying to the City of Anaheim P124 certain real properties or interests therein (City Deed Nos. 11615 and 11616; 3311 East La Palma Avenue). Mayor Tait abstained on this item. Motion by Council Member Kring to approve, seconded by Council Member Eastman. Roll Call Vote: Ayes — 4: (Mayor Pro Tem Murray and Council Members: Brandman, Eastman and Kring.) Noes — 0. Abstention — 1: Mayor Tait. Motion Carried. D114 23. Approve minutes of Council meetings of November 19, 2013 and December 10, 2013. END OF CONSENT CALENDAR: 16. Approve and authorize the Director of Community Development to execute and AGR -7954 administer the Emergency Solutions Grant Agreement with the Illumination Foundation AGR - 7954.1 and a Memorandum of Understanding, in substantial form, with the Anaheim Union High School District for the Housing Assistance Pilot Program to assist homeless families with children attending Anaheim schools. City Council Minutes of January 7, 2014 Page 10 of 14 John Woodhead, Director of Community Development, reported this was one of several initiatives under the "Coming Home Anaheim" umbrella of initiatives, a multi- faceted approach to addressing homelessness. This November, he indicated Council approved the establishment of a pilot program to assist homeless families with children attending Anaheim schools, i.e., the HAP program, which offered a combination of rental assistance and stabilizing support services to eligible families. A Request for Proposals was released for the supportive services component of the program and the Anaheim Union High School District was retained to serve as a central point of contact for local schools under this program. Six community -based special service providers submitted proposals for the city's consideration and were ranked on experience working with a specific population, their service approach, and financial management. While several of the responders had experience working with homeless individuals for many years, he stated the Illumination Foundation received the highest ranking score, primarily for their demonstrated capacity to provide services that addressed the needs of all family members including services targeted to homeless adolescents and children. To identify Anaheim families in need of these services, he noted the program would rely on school -based personnel, specifically, the McKinney Ventu Homeless Assistance Act liaisons attached to each school. He reported they worked directly with homeless families to help them with the school enrollment process and provide on -going guidance in resolving issues specific to homeless children. The referrals would be streamlined, with those liaisons serving as a contact to help in the dissemination of program eligibility information and receiving referrals from elementary, middle, and high school personnel to be forwarded to the Illumination Foundation. Based on the current program design, Mr. Woodhead explained, the Illumination Foundation would determine the types of supportive services appropriate for the family as well as the level of housing assistance to be offered and eligible families could receive up to 24 months of rental assistances. He added program guidelines also offered the flexibility to recommend and provide one -time assistance, such as full or partial assistance for security deposits and moving costs if that was all that was needed to help a family become stabilized. He ended his report remarking the HAP program would meet the new program targets as well as address the needs of one of Anaheim's most vulnerable and needy populations, anticipating helping between 25 -30 families in its first year of operation. Mayor Pro Tern Murray was appreciative of this next step in serving the homeless in Anaheim especially as it was part of a broader program to put in place permanent programs and policies going forward. Council Member Eastman expressed her support for this program as well and to the Illumination Foundation that had made a presence on the west side of town and was doing great work there. Mayor Pro Tern Murray then moved to approve Item No. 16, seconded by Council Member Kring. Roll Call Vote: Ayes — 5: (Mayor Tait and Council Members: Brandman, Eastman, Kring and Murray.) Noes — 0. Motion Approved. 18. RESOLUTION NO. 2014 -001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM modifying the electric rates, rules and regulations by modifying D182 Rule Nos. 1, 9, 11, 17 and 19 for the sale and distribution of electricity as adopted by Resolution No. 71 R -478 and most recently amended by Resolution No. 2013 -148. City Council Minutes of January 7, 2014 Page 11 of 14 RESOLUTION NO. 2014 -002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM modifying the water rates, rules and regulations by modifying Rule Nos. 1, 9, 11, 17 and 24 for the sale and distribution of water as adopted by Resolution No. 72R -600 and most recently amended by Resolution No. 2013 -149. By these resolutions, determine that the modifications to Rule Nos. 1, 9, 11, 17 and 19 contained in the electric rates, rules and regulations and Rule Nos. 1, 9, 11, 17 and 24 contained in the water rates, rules and regulations are exempt under the California Environmental Quality Act, Section 15061(b)(3) of Title 14 of the California Administrative Code. Dukku Lee, Public Utilities General Manager, reported this item reflected another set of proposals to modify electric and water rates, rules, and regulations with the goal of complying with the guidelines established by the Regulatory Relief Task Force. Specifically, he explained, there would be no rate increases as a result of this item, rather the Department was proposing to provide additional tools for customer's service representatives to recognize that there may be situations beyond the control of customers that resulted in late payments; i.e., payments lost in the mail, identity theft, or instances when a billing error occurred at no fault of the customers. Other modifications, he noted, were based on ensuring there was consistency between water and electrical rules and to reflect that accounting practices followed current guidelines. Council Member Brandman remarked this effort was another demonstration of proactive and progressive thinking and in making sure the best service possible was delivered to rate payers. Mayor Tait appreciated staff's review of all regulations and relying on a common sense approach to make sure those rules made sense to the ratepayers. Council Member Brandman to approve RESOLUTION NO. 2014 -002 OF THE CITY OF ANAHEIM modifying the water rates, rules and regulations by modifying Rule Nos. 1, 9, 11, 17 and 24 for the sale and distribution of water as adopted by Resolution No. 72R -600 and most recently amended by Resolution No. 2013 -149, seconded by Mayor Pro Tern Murray. Roll Call Vote: Ayes — 5: (Mayor Tait and Council Members: Brandman, Eastman, Kring and Murray.) Noes — 0. Motion Carried. 24. Review the list of regional agency appointments and consider appointing or reappointing representatives to serve on the following regional agencies (including those agencies D113 with terms, if necessary: Four Corners Transportation Coalition, Orange County Water District, and Southern California Association of Govern ment/OCCOG). Fire Training Joint Powers Authority: (RE)APPOINTMENT: Lucille Krinq (currently held by Council Member Lucille Kring) Council unanimously reappointed Council Member Kring. Orange County -City Hazardous (HAZMAT) Emergency Response Authority: (RE)APPOINTMENT Lucille Kring (currently held by Council Member Lucille Kring) Council unanimously reappointed Council Member Kring. Metropolitan Water District (MWD): City Council Minutes of January 7, 2014 Page 12 of 14 (RE)APPOINTMENT: Kris Murray (currently held by Council Member Kris Murray) Council unanimously reappointed Mayor Pro Tem Murray Orange County Sanitation District (OCSD): (RE)APPOINTMENT Lucille Kring (currently held by Council Member Lucille Kring) Council unanimously reappointed Council Member Kring ALTERNATE: Jordan Brandman (currently held by Council Member Jordan Brandman) Council unanimously reappointed Council Member Brandman Santa Ana River Flood Protection Agency (SARFPA): APPOINTMENT: Jordan Brandman (currently held by Council Member Kris Murray) Mayor Pro Tem Murray nominated Jordan Brandman to the SARFPA, seconded by Council Member Kring. Council Member Brandman was unanimously appointed. ALTERNATE: Mark Vukoievic (currently held by Mark Vukojevic, Staff) Council unanimously reappointed Mark Vukojevic Transportation Corridor Agency, Foothill Eastern Area (TCA): APPOINTMENT Gail Eastman (currently held by Council Member Lucille Kring) Council Member Kring nominated Gail Eastman to the TCA who was unanimously appointed. ALTERNATE: Lucille Kring (currently held by Council Member Kris Murray) Mayor Pro Tem Murray nominated Council Member Kring as the alternate to the TCA, who was then unanimously appointed. PUBLIC HEARING: This public hearing item was considered at 6:48 P.M. 25. A public hearing to consider a resolution in accordance with Section 147(f) of the Internal Revenue Code of 1986 with respect to the proposed issuance by the Anaheim Housing 6137.1 Authority of its multifamily housing revenue bonds, in an aggregate principal amount not to exceed $15,000,000, in order to finance the acquisition, rehabilitation and equipping of the multifamily rental housing project Village Center Apartments. RESOLUTION NO. 2014 -007 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM pursuant to Section 147(f) of the Internal Revenue Code of 1986 approving the issuance of bonds by the Anaheim Housing Authority for the Village Center Apartments. City Council Minutes of January 7, 2014 Page 13 of 14 John Woodhead, Director of Community Development, reported this was a companion item to Housing Authority Item No. 2 and that this action would authorize the Housing Authority to provide bond financing for the Village Center Apartment project as required by state and federal law and would fulfill federal tax requirements under the Tax Equity and Fiscal Responsibility Act. In order to move the project forward and complete the California Debt Limit Allocation Committee application process, Mr. Woodhead explained staff was requesting approval of this resolution in accordance with the Internal Revenue Code. The bond issuance could not exceed $15 million with the bonds being repaid from project revenues with no risk to the City nor the Housing Authority in event of a default. Mayor Tait opened the public hearing. William Fitzgerald, Homeowners Maintaining Our Home, opposed this item, stating it was a giveaway of $10.2 million of tax money in the form of tax credits for a 100 unit apartment complex. He said even though this was state funded, half of that amount would have gone towards public schools and would not be a loss to education. He voiced his opposing viewpoint on the Hermosa Village project, the Angel Stadium property and the Disney Corporation. Cecil Jordan Corcoran offered personal comments unrelated to this public hearing matter. With no other comments offered, Mayor Tait closed the hearing. Council Member Eastman Moved to approve RESOLUTION NO. 2014 -007 OF THE CITY COUNCIL OF THE CITY OF ANAHEIM pursuant to Section 147(f) of the Internal Revenue Code of 1986 approving the issuance of bonds by the Anaheim Housing Authority for the Village Center Apartments, seconded by Council Member Kring. Roll Call Vote: Ayes — 5: (Mayor Tait and Council Members: Brandman, Eastman, Kring and Murray.) Noes — 0. Motion Carried. REPORT ON CLOSED SESSION ACTIONS: None COUNCIL COMMUNICATIONS Council Member Brandman looked forward to continuing to strengthen fundamental services, enhancing Anaheim's fiscal strength and with voter support, amending the charter to make Anaheim a better place, during this new year. He spoke of the Paul Revere groundbreaking on Guinida Lane on January 9 the need to carry on with regulatory relief efforts and keep utility rates responsive to the community and business usage needs and reminded all of the national observance of Martin Luther King, Jr. holiday on January 20th. He further requested staff bring forward a resolution for Council discussion and consideration on January 28 or February 4 to support the suspension of deportation of undocumented individuals with no serious criminal history. Mayor Pro Tern Murray announced the community workshops regarding the Angel's Baseball lease negotiation process to be held at the Anaheim Convention Center on January 14 and 30 and a community workshop regarding the Anaheim Rapid Connection project on January 14 She spoke of her meeting with Waste Not OC Coalition to end hunger in Orange County and the Anaheim Food Recovery Program to be held on February 19 and announced the City Council Minutes of January 7, 2014 Page 14 of 14 Anaheim Arts Council meeting on January 9 th and the Orange County Family Justice Center Foundation fundraiser on February 9 th at Brea Improv. Council Member Kring spoke of the OCTA and Anaheim Fire Department Spark of Love event, the Cops for Kids holiday toys and meals programs for needy families, and the Anaheim Fire Department and Public Works Department project to clear brush and overgrowth of plants and weeds with the use of goats to prevent wildfires. Council Member Eastman addressed her upcoming participation in Access California's citizenship class, the article featuring the Packing House in the West Ways magazine and Anaheim magazine, and the opening of the Ink and Bean Coffee Shop in Downtown Anaheim. She further encouraged residents to attend the workshops regarding the Angel's Baseball lease negotiation process. Mayor Tait spoke of new businesses and developments in Downtown Anaheim, the Anaheim Food Recovery Program with Waste Not OC Coalition, the Posadas community he visited over the holiday, and his meeting with Dr. Linda Wagner regarding the Million Acts of Kindness project. He further addressed Orange County Symphony and Anaheim School District music program and requested donations of instruments for the program and asked staff to look into concerns from East Anaheim Little League regarding Boysen Park. ADJOURNMENT: At 7:21 P.M., with no other business to conduct, Mayor Tait adjourned the January 7, 2014 council meeting. Re tfully submitted, L nda N. Andal, CIVIC City Clerk