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2012/08/08ANAHEIM CITY COUNCIL SPECIAL MEETING OF AUGUST 8, 2012 The Anaheim City Council met in special session on August 8, 2012 in Anaheim High School Cook Auditorium located at 811 West Lincoln Avenue in the city of Anaheim. Pursuant to Government Code Section 54953, Subdivision (b), the Closed Session special meeting included teleconference participation by Council Member Gail Eastman from 8803 Waruf Avenue, Portage, Michigan 49002. The meeting was called to order by Chairman Tait at 4:03 P.M. Present: Mayor Tom Tait and Council Members: Gail Eastman (by teleconference), Lorri Galloway, Kris Murray and Harry Sidhu. Staff Present: City Manager Bob Wingenroth, City Attorney Cristina Talley, and Secretary Linda Andal A copy of the agenda was posted on August 6, 2012 on the kiosk outside City Hall. A copy of the notice and agenda was also posted at the teleconference location in accordance with the Brown Act. INVOCATION: Father Gilberto Escobedo, St. Boniface Church FLAG SALUTE: Council Member Kris Murray ADDITIONS /DELETIONS TO THE AGENDA: None Mayor Tait thanked Dr. Elizabeth Novack, School District Board Superintendent and Anaheim High School staff for permitting this meeting to be held at Cook Auditorium and to Father Escobedo for offering the church parking lot to accommodate overflow parking. He also welcomed Alejandra Garcia Williams, the Consul General of Mexico and a special guest attending this meeting. The Mayor set a few ground rules for the conduct of this meeting welcoming all comments, ideas and opinions to be shared. Linda Andal, City Clerk, explained the process for public comments designed to rotate between dual microphones to allow speakers easy access, remarking that should any questions arise during the meeting, staff was available throughout the auditorium to assist. Council Member Murray requested council communications be allowed immediately following public comments with Mayor Tait concurring. Mayor Tait explained this special meeting had been requested by Council Members Eastman, Murray and Sidhu, had been duly noticed, and along with community input, there would be two ballot initiatives for consideration; i.e. district elections and transient occupancy tax subsidies. Those two items, he remarked, had been scheduled for the July 24 meeting and continued to August 8 th and could be placed onto the November, 2012 general election, should council take action this evening. He added Council Member Eastman had checked in via teleconferencing and was currently on the line and opened the floor for public comments. Special Meeting Council Minutes of August 8, 2012 Page 2 of 18 PUBLIC COMMENTS: (alt agenda items): James Robert Reade, resident, submitted a $1,000 donation in memory of Daniel Rawlett to the Anaheim Police Association, urging others to do the same in support of police officers risking their lives to stop street gang terrorism in the city of Anaheim. William Fitzgerald, Anaheim Home, encouraged any and all civil rights organizations to assist with the fight for equal rights for Anaheim Latinos. Alex Vega talked of his personal experiences, both good and bad, with various municipal police officers. He welcomed the investigation into Anaheim police incidents and acknowledged the community's need for justice and peace. Cecil Jordan Corcoran, Outreach Homeless Ministries, talked of the need for prayer during this time of crisis John Dunton, Anaheim Coalition for Peaceful Community, suggested community leaders get together and have meaningful discussions on ways to bring healing and peace to the community. He added this newly- formed organization, comprised of business and property owners, had distributed 200 soccer balls, several cases of water and pizza for residents of Anna Drive and other at risk neighborhoods and thanked Mayor Tait and Council Member Galloway for coming out to hear the comments of the people. Katherine Smith, La Colonia community, supported voting by districts and proposed annexing county islands such as La Colonia into the city. She provided background on an annexation process that had been considered in the past and why she felt it had failed, and urged council to visit La Colonia and its residents and consider incorporation into Anaheim. Seferino Garcia, Solevar Community Development organization, remarked there was no issue more important to Anaheim than to develop a true citizen's police review board with subpoena powers to deal with police brutality issues; i.e., a commission that should include Latino community leaders to reflect Anaheim's Latino population. Duane Roberts, West Anaheim resident, objected to Chief Welter's comments that outside agitators were responsible for the July 24 demonstration. As a former organizer of demonstrations and marches, Mr. Roberts stated the majority of participants were locals, many of them juveniles from working class neighborhoods responding to text messaging from friends. He pointed to high unemployment, racial discrimination, political disenfranchisement and police mistreatment setting off an angry public on that evening. Alfonso Rodriguez, resident and teacher, announced Manuel Diaz had played basketball in his class and was a good athlete and class leader and not known him as a gang member. He stated Anaheim had problems between the police department and the Latino community as far back as the 70's and 90's and while he strongly supported GRIP, Cops for Kids, and the Family Justice Center, he believed changes in city government (district elections) and within the police department were critical to move forward. Michael Baker, Boys and Girls Club, announced he and Paul Andreason, YMCA, were committed to helping fill in any gaps in services to the community to make Anaheim a better Special Meeting Council Minutes of August 8, 2012 Page 3 of 18 place. Mr. Andreason stated both organizations had a long track record of working together and their goal was to be part of the healing process. Genevieve Huizar, mother of Manuel Diaz, hoped the marches and demonstrations would continue in her son's name to bring about change and a healthy environment for the youth of her neighborhood. She thanked those who had supported her family during this time of crisis. Manuel, OCCUPY member, urged the community to put all political differences aside and to work for transparency in all aspects of city government and that justice and accountability be a part of the police investigation process. Maurice Turner, resident, spoke in support of at -large elections, remarking he was more interested in voting for individuals that understood his experiences and viewpoint, rather than having a council person elected who mirrored his image. Michael Buss, Anaheim Arts Council, proposed a program to inspire teenagers and adults to put down their thoughts during this troubled time and through the arts, either by music, poetry or acting, express their feelings to the community. These memories, he emphasized, could be a part of the permanent art history of Anaheim and serve to make the 2012 year an unforgettable time for the community. Kerry Condon, Anaheim Police Association, spoke in support of the 600 sworn and retired Anaheim police officers. He stated every officer - involved shooting had been investigated by an independent agency, the Orange County District Attorney's office, and to date there had been no finding of wrong doing. He added he had no difficulty with any credible agency reviewing those investigations. Vern Nelson, Orange Juice Blog, supported elections by districts, remarking that at -large elections could not be run without the help of funding from powerful special interests groups. He pointed out that cites comparable in size to Anaheim, such as Long Beach, San Diego, Los Angeles and San Francisco had district elections in place. He also supported the Let the People Vote initiative, urging the community to remain involved and to vote on all issues that affected them. A. De Maldonado, resident, supported a combination of at -large and district elections, stating she had seen that mixture work in other cities. Lena Ortiz, offering comments in both English and Spanish, stressed the need for community outreach in Anna Drive and similar neighborhoods and encouraged establishment of family resource centers to directly benefit those communities. In addition, she felt the protocols or policies for officers approaching a citizen on the street should be understood by the community and suggested the establishment of a "cop watch" program similar to that of Berkley, California, in which police officers were held accountable to residents. Lastly she recommended council meetings be made available in the Spanish language and held later in the evening to allow working people to attend. Perla Castillo pressed for justice and accountability for police officers and the need for respect towards the members of her community. Special Meeting Council Minutes of August 8, 2012 Page 4 of 18 Ross Romero, business owner, called attention to the police department's reaction to community protestors remarking the use of rubber bullets and police dogs were inflammatory tactics and led to the situation that occurred on July 24 Mr. Romero added that he also supported elections by district and the ballot measure reform relating to developer's incentives, along with the establishment of a police review board. Pastor Phil Aguilar, Set Free Ministries, detailed his personal experiences with Anaheim Police Department, endorsing the need for a police review board along with additional training and counseling. Sandy Stiassni, Green Party of Orange County, read a statement calling for the suspension of Police Chief John Welter, the disbanding and disarming of Anaheim police officers, supporting the U.S. Department of Justice investigation of civil rights violations and urging residents to work to resolve differences using grass roots organizing and non- violent methods. Martin Lopez, resident, urged council to settle the pending lawsuit regarding district elections before putting it to a vote of the citizens and through extensive community involvement, draw the boundary lines for eight district councils. Sonia Hernandez, sister of slain Martin Angel Hernandez, discussed issues surrounding her brother's death and statements made by the District Attorney's office, that no video surveillance was available, a statement she believed to be false. Paulette Neusomb, resident, detailed her personal experiences with the Anaheim Police Department when she complained of on -going domestic abuse and continuing harassment. Mayor Tait put Ms. Neusomb into contact with City Manager Bob Wingenroth. Donna Acevedo, mother of Joel Acevedo, reported hearing numerous statements from Anna Drive residents who were intimidated by the Anaheim gang enforcement unit and the lack of trust and fear experienced by those residents. Marisol Ramirez, resident, remarked she had been raised in a neighborhood that was forgotten by the city with impoverished, hard - working families that could never make ends meet. She supported council elections by district; i.e. eight districts, as it would open doors for those who wanted to make positive changes to their community and allowed for a fairer representation of all communities. Theresa Smith remarked that during these critical times in Anaheim, the grieving families in the past had not been a focus of the community and other issues had taken precedence. She hoped for one day to be set aside for individuals to come together as a community, a day to put aside violence, anger or grief, and to connect with one another. Corie Cline, resident, remarked the community was tired of abuse at the hands of the police and wanted justice, and was the primary motivation for their coming together and voicing their concerns to city leaders. John Leos, resident, thanked Mayor Tait and Council Member Galloway for visiting Anna Drive, with people attending from all areas of the city in a peaceful manner. He was appreciative that government would be a part of the solution and hoped all those affected by recent events could move forward from this point on. Special Meeting Council Minutes of August 8, 2012 Page 5 of 18 Alexandra Ariza, represented Supporters of Anaheim Police (SOAP), an organization with 500 plus members sharing the same sentiments. She urged all communities to work with the authorities to report crime in neighborhoods and to become active participants in solving problems, emphasizing that residents were the eyes and ears of any community. Larry Larson gave an impassioned speech on the importance of supporting the demands of the citizens of Anaheim and helping to mold the future of Anaheim. Adriana Gonzales, high school student, strongly supported elections by districts with community involvement in the process of drawing district boundaries. She believed this type of representation would bring about positive changes to those Anaheim communities lacking fundamental resources. Ron Bendochet, resident, supported at -large elections, pointing out citizens already had an opportunity to be heard by speaking out at any council meeting or by contacting council persons by email, telephone or in person. He supported the police department, asking that the community not prejudge the investigation process and wait for the results to be known. Naomi Guzman remarked she had been raised in one of the forgotten neighborhoods in Anaheim, stating her parents had moved to provide a safer environment. She supported elections by district, feeling that neighborhoods such as Benmore Lane would be better represented and citizen's needs better met. Nicole Vie, Libros Revolucion Communist Party, Los Angeles, railed against police actions, racial profiling, impoverished barrios, taking inspiration from the political protest and resistance by Anaheim Latinos. Rosa Rocha, resident, believed district - elected representatives would take more interest in the communities they represented and focus on the need for recreation facilities, parks and safer environments for the youths. John Santoianni supported Let the People Vote initiative, feeling citizens should have the freedom to determine how their tax dollars were spent. In addition, he concurred with local district boundaries to be determined by an oversight committee made up of citizens who were impartial and non- partisan. Eleanor Garcia, Socialist Workers Party candidate for the 34'" congressional district called for justice in police brutality cases, encouraging citizens to create a movement to take power out of the hands of ruling classes responsible for today's working conditions. Juan Manuel Hernandez addressed his comments to various issues including the Illuminati Prophecies and his place in the world as a Mayan descendant. Ceclia Flores, resident, announced the community was seeking solutions to Anaheim's problems and supported the need for a citizen's oversight committee and council elections by district. Alberta Ninichuck, former Colony district resident, spoke of her familiarity with Anaheim police officers' behavior and the need to treat each other with common decency and respect. Special Meeting Council Minutes of August 8, 2012 Page 6 of 18 Ricardo Todos, resident, remarked his participation in city affairs had been through the neighborhood district council meetings where he learned about and appreciated the work of all city departments. In his district, he reported, it took almost ten years to get federal funding for a park and community center in Miraloma, one of the poorest areas in the city. He added he and his neighbors had been seeking city help to renovate the Rio Vista shopping center for four years now, with no solution in sight. For those reasons he supported council elections by district which would provide for representation by those that understood the problems of each community and would work toward solutions that would not need years to accomplish. Yesenia Rojas spoke initially in the Spanish language and then translated her comments into English. She thanked Mayor Tait and Council Member Galloway for attending the Anna Drive community event, remarking this was not the first time they had visited her neighborhood. She stated she was one of the voices of the community, expressing distress over recent and past events and demanding justice. Christian Williamson, resident, proposed the use of fire -arm mounted cameras, to provide for a fair and impartial account of any officer - involved shootings. He added these cameras were affordable, could not be tampered with and offered an accurate account of events. Amanda Ventura, Anaheim High School student, stated she was a witness in the death of Manuel Diaz, and was asking for justice from the officers involved in the shooting. Sandra Taylor, resident, was not supportive of district elections and expressed concern that solutions were being proposed that did not address the real problems of Anaheim. She urged council to take a stance and not make decisions when emotions ran high but to wait until answers and solutions were understood. Meghann, stated she was an activist, organizer, occupier and anarchist from Riverside, and addressed her comments to the audience. She announced through Cop WatchlE, an organization established to watch over police officers, she was available to offer training and know your rights workshop, if anyone in the community was interested. Nancy Ortiz, resident, stated she was here in support of social justice and equity for her family and the Latino community as well as all immigrants in the city. As a resident she had experienced unfairness in the quality of education, the lack of fair political representation and corporate businesses taking precedent over the people of this city and as a social worker she believed after school programming and access to social services and information was needed to empower Anaheim's residents and urged the council to begin the process for justice and equality. Jeanette Lister, daughter of Harry Lister and long -time resident of the City, strongly supported council elections by districts, remarking that when she was a child, the population of Anaheim was 65,000 and now that it had grown to over 300,000, the smaller neighborhoods were no longer represented through at -large elections. She urged council to find solutions for the unrest, pointing out that Anaheim's current and future tourism industry was directly impacted as a result of recent events. Dennis Kuhl, Angels Baseball chairman, emphasized his organization was here to support any initiatives suggested for the youth of this community because he believed that was the future of Anaheim. Mr. Kuhl encouraged the city to contact him when those initiatives were defined. Special Meeting Council Minutes of August 8, 2012 Page 7 of 18 Kathleen Heard, CCA Chapter President, supported city council elections by district, accountability of police command staff for officer - involved shootings, and the need to view Latinos as respected members of the community. Dan Conway, Socialist Equality Party and a writer for the World Socialist website, urged Anaheim's working class to organize independent of existing political parties to combat social injustices, pointing out electing minorities to positions of power was not an apparent solution to societal problems otherwise President Obama and Mayor Villaraigosa would have had greater success. Shaekel Syed, Islamic Council of Southern California, spoke in support of a district based election system for the city of Anaheim for the following reasons: 1) the leadership of Anaheim must reflect largely ignored diverse demographic realities, through the establishment of eight districts at a minimum; 2) such redistricting to be implemented by an independent community - based citizen task force or by an impartial court in partnership of both, 3) and calling for a study by exploring charter amendments or other alternatives so as not to waste the time and resources of the city. Jordan Brandman, trustee for AUHSD, stated it was critical for the city to have fair and equal representation on the city council, through district elections. He also called for a full citizen advisory and charter review process to come up with comprehensive district proposals with full community input similar to processes used by North Orange County and Rancho Santiago Community College Districts. An unidentified individual remarked that the public was asking for district representation as they felt city government was neither involved nor concerned with the Latino communities. Through the establishment of eight districts and every community in the city represented, those leaders could be held accountable for neighborhood necessities and desires. German Santos, resident, talked of his employment with Teletrak, a vehicle tracking company based in Garden Grove, and local and federal law enforcement harassment. He spoke in detail of intimidation he faced and his requests for assistance to local government. Damian Ramirez discussed the controversial police shootings in Anaheim and his support for the Anna Drive community and the subsequent treatment of Anaheim protestors by police. David Villamonte, high school student, acknowledged the many issues facing Anaheim residents; i.e., racism and gangs, urging those problems not be used to tear the community apart. David Crisp, resident, talked of his positive experience with an ethnically diverse community in Los Angeles that honored his wife's passing, a former LA Housing Authority social worker. He emphasized the need for parents to be responsible for their children's actions through good parenting and participation in non - profit youth organizations that encouraged respect for all. Roger Dittman, Ph.D., Professor of Physics Emeritus at California State University, Fullerton, spoke of the inability for all members of a community to make a meaningful social contribution to society at a decent livable wage and under good working conditions. Rather than offering developer subsidies, he recommended using those future revenues to provide gainful Special Meeting Council Minutes of August 8, 2012 Page 8 of 18 employment for Anaheim's youth and creating a sustainable environment where people could live rich, fulfilling lives. E.T. Snell, Clown Community Activist, denounced the actions of officer - involved shootings, the political system in general in which elected officials uniformly received special interest funding and the need for citizens to demand accountability for all. Isabel Barrera, resident and Disney employee, endorsed the establishment of eight council districts to allow her neighborhood a voice and a vote that counted. Jose Vargas, Orange County Young Democrats, urged council to approve the two agenda items calling for a November election on prohibiting the use of developer tax subsidies and the establishment of city council elections by district. Consideration of these two measures he believed would steer Anaheim in the right direction with the community, its youth and quality of life as priorities. Tom Whittaker announced he had been employed by the Let the People Vote Initiative to qualify their proposal on the November 2012 ballot, and raised an objection to the maximum signature figure required which had changed from 10 percent to 15 percent just before the deadline date for submittal. As there was not enough funding to gather the remaining signatures, the Let the People Vote initiative's only recourse was for council to approve the measure and allow it to go forward. He added the committee would continue to push for the initiative calling for a special election in 2013 and the city would face the cost of a special election at that time. Richard Chavez, former Anaheim City Council Member, thanked Mayor Tait for providing an opportunity for the community to offer their opinions on all issues, a first step in the healing process for the residents. He also thanked Mayor Tait and Council Member Galloway for reaching out to a community that felt marginalized for years, offering insight into some of the experiences he had as an Anaheim firefighter. He remarked there were complaints of excessive police force many years ago which ended in a dossier being generated on those that complained, and resulting in communities fearful of the police. After 911, he pointed out, the Muslim community complained of excessive force as well and with the hiring of Police Chief John Welter, that problem was dealt with and an officer fired. Mr. Chavez ended his statement in support of district elections and dismissing the need for a citizen commission that would only delay the inevitable process. Vicki Ramirez, resident of west Anaheim and Anaheim Planning Commissioner, submitted a letter to council, however, she reiterated her recommendation to move forward and adopt council districts. She added that as a Latino and the only person on the Commission under the age of 50, she felt other commissioners did not understand the issues facing her community, the primary reason she supported election by districts. She did not support the citizen committee, remarking the appointments would be made by current council and might not be representative of the diverse community. Peter Seeding, speaking out against recent police incidents, emphasized the need for additional officer training and that officers, if deemed accountable, should not have their defense covered by the taxpayers. Francisco Barrahkan announced he served as a volunteer for a number of non - profit organizations and supported the need for citizen's voices to not only be heard but to be able to Special Meeting Council Minutes of August 8, 2012 Page 9 of 18 have their votes weigh in through district elections and getting the concerns of all neighborhoods to be heard and acted upon. He also supported an independent review of the police, remarking that Chief Welter indicated he was open to the idea of a citizen's oversight commission having previous experience with such a commission in San Diego. These efforts, he added, would provide for a better, fuller representation of the community. Lucille Kring, former Councilwoman, stated she was in support of city council districts. Earlier community policing efforts with more officers on staff, she pointed out, allowed officers time to meet the residents they served and to know the families and kids in the neighborhoods. She would like to see the city get back to a stronger community policing effort with a more holistic approach, bringing in the religious community and an educational component along with additional after school programs. Drew Duchane, resident, remarked he did not have all the answers but encouraged the city to find a path so that the public felt their votes counted. Additionally, he indicated many of the school facilities that his children were able to use on weekends were now locked down and no longer available because of gangs, wondering if some of those facilities could be made available to nearby residents. Byron Acosta talked of police abuse in general and traumatic events that he had witnessed as a teenager, as well as the harsh reactions to citizen protestors, emphasizing the unrest would continue until police conduct improved. Michael Woodrow, Placentia resident, remarked that he had been active in politics for over 40 years and elections by district concerned him as council representatives would not look at the interests of the city as a whole and would instead focus their efforts on the communities they represented. He added that this could potentially make it easier for special interests to buy control over a particular district. Cynthia Ward, Colony resident, strongly opposed council districts stating there was potential for corruption, cronyism, the added expenses for additional council members requesting full- staffed field offices and potential deal- making between council members. She recommended putting the issue to a vote of the people (which would stop the ACLU lawsuit) and settling and /or fighting that lawsuit based on the outcome of the vote. Jason Young, resident/business owner, strongly supported the ballot measure prohibiting tax subsidies for development, and to allow the Anaheim residents to determine how transient occupancy tax monies were used in the future. Joanne Sosa, Take Back Anaheim, spoke against the council majority that voted for the GardenWalk hotel incentives and the recommendation of a citizen oversight committee establishing district election boundaries. While she fully supported the need for district elections and representation for all Anaheim communities, she opposed the appointment of a citizen task force which could mirror the viewpoints of the council majority and not reflect the communities' desires. Council Member Eastman, via teleconferencing, stated she had been on the phone and viewed the city council meeting live on line and had heard all the public comments made. She was in Michigan on a personal family matter, which could not be postponed, and expressed her Special Meeting Council Minutes of August 8, 2012 Page 10 of 18 appreciation for all those who shared their feelings and opinions. She added there were no other public comments at her Michigan location to be shared. With no other public input, Mayor Tait closed public comments and asked for City Council responses. Issues effecting Anaheim — Listening to our Anaheim Community. Council Member Murray thanked every person who took the time to share their concerns, remarking their comments were appreciated and valued. She also thanked the community organizations who helped facilitate the evening as well as Assemblyman Jose Solorio, Senator Lou Correa and Congresswoman Loretta Sanchez for lending their resources and voices to help the community come together. She stated she was committed to finding answers and solutions to keep children and neighborhoods unified and safe and believed council's unanimous decision calling for an independent police investigation was the right step to restore trust and insure answers were provided from trusted sources. She supported putting resources to encourage greater civic activity, greater levels of public service and community participation, remarking today's meeting was a good step in that direction. She pointed to council's unanimous approval on a number of important matters, a balanced budget which would begin to start restoring services to neighborhoods that were challenged economically, the opening of the Ponderosa Library, restoring services to police and fire, increased graffiti abatement funding and other programs to help improve the quality of life for residents. With Anaheim dealing with double digit unemployment, an important focus was on how to improve jobs in the city and she looked forward to working together to bring about solutions. She shared her opinion on the transient occupancy tax initiative and the action that council took in January of this year. She emphasized there had already been an economic assistance program in place and council amended the terms of that agreement because there was an opportunity to build two hotels and create 5,000 jobs, an effort that had now been stalled because of a lawsuit against the developer as well as an initiative; she added that the investment community was also taking a second look at these projects. She added there would be no cost to the city if the hotels were not built. She provided that the agreement was to reduce the TOT burden while the sales and property taxes would continue to generate revenues to the city every year, once the hotels were developed. Ultimately, she explained, each council member took a look at the facts and the need to grow revenues now and long -term to be able to provide necessary services for the city and voted for or against the project based on their own perspective. With regard to districting, Council Member Murray believed there were a number of options available to the residents and she did not feel the community had a unified approach at this time, to make a decision. She pointed out the Mayor's proposal initially called for four districts in the city, another plan received yesterday designated six districts and she had heard many citizens call for an eight district council. Council Member Murray recommended a citizen's advisory group that would engage stakeholders, insuring there was an open, deliberative process and report back to council on specific actions embraced by the community. She asked council to take the time and the due diligence as a community to consider those changes and have it done acceptably from the start. With regard to earlier comments relating to the lawsuit, Council Member Murray remarked that putting the districting measure on the ballot today would not end the lawsuit and the litigation process would continue to insure the city was represented legally in this complicated issue. On a personal note, Council Member Murray shared her Special Meeting Council Minutes of August 8, 2012 Page 11 of 18 priorities as an elected council person, working on introducing marijuana dispensary legislation with Senator Correa to prohibit these facilities from operating in residential neighborhoods, seeking grants for the Ponderosa Library for state -of- the -art computers from Toshiba and to focus on libraries, code enforcement, graffiti abatement and working with nonprofits to address the refugee population in Anaheim. She considered it an honor to serve and thanked everyone for their patience and attendance at this meeting. Mayor Pro Tern Sidhu thanked all those who spoke to the issues this evening and asked for patience during the police investigation process. Council Member Galloway remarked that for the last three years she had personally dedicated much of her professional time to the East Street Community Renewal Initiative which encompassed a three mile area, including Anna Drive. Peace walks, flashlight walks, neighborhood cleanups and town hall meetings were attended by the Mayor, and other city officials as well as members of the Anaheim Police Department, all done in an effort to improve the quality of life for this neighborhood. She was particularly saddened over recent events and would work for opportunities to promote healing. Mayor Tait remarked he would think long and hard about what was said this evening and consider all the thoughts and concerns coming from different perspectives, all equally important. His job was to seek the truth and whatever that truth may be, he stated, the city would and should own it. Council Member Eastman thanked the speakers who made this effort to come out and voice their concerns, the first step in a process for individuals to recognize they could make a difference in their community. She discussed her motivation in serving on the Planning Commission and then as a policy maker on the city council, and her interest in helping solve the city's challenges. She would remain on the line for the remainder of the council agenda. 2. Consider a ballot measure for the November 6, 2012 General Municipal Election, amending the City Charter to add a new Section 1223 requiring voter approval for any waiver, exemption or refund of Transient Occupancy Tax (TOT) as economic assistance E127 for hotel development, and voter approval to extend the time for performance under an existing and future agreements for a waiver, exemption, or refund of TOT as economic assistance for hotel development. MOTION: If the City Council places the measure on the November 6, 2012 ballot, it is recommended that the City Council adopt the following resolutions: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA ordering the submission of a proposed amendment to the City Charter to the electors of said City at the General Municipal Election to be held in said City on November 6, 2012 (Measure No. _ — Voter approval for waiver, exemption or refund of transient occupancy tax for hotel development and for extension of time for performance under agreement for waiver, exemption or refund of transient occupancy tax). Special Meeting Council Minutes of August 8, 2012 Page 12 of 18 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA setting priorities for filing written arguments regarding city measure to be submitted to the electors of the City at the General Municipal Election to be held in said City on November 6, 2012, and directing the City Attorney to prepare impartial analyses of such measure. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA providing for the filing of rebuttal arguments for city measure submitted to the electors of the City at the General Municipal Election to be held in said City on November 6, 2012 Cristina Talley, City Attorney, explained this item was brought forward for consideration at Mayor Tait's request and was a ballot measure to consider for the November 6, 2012 general municipal election amending the city charter to add a new section 12 -23, requiring voter approval for any waiver exemption or refund of transient occupancy tax (TOT) as economic assistance for hotel development. She indicated it would further require voter approval to extend the time for performance under any existing and any future agreements for a waiver, exemption or refund of transient occupancy tax as economic assistance for hotel development. She also pointed out this item as presented had been circulated as an initiative by citizens of Anaheim. Mayor Tait provided a historical perspective on this issue. In January, Council voted to provide a TOT subsidy to a hotel developer which passed on a 3:2 vote. There was a subsequent initiative launched, which came close but ultimately failed to get the requisite number of signatures, identified initially as 10 percent of the registered voters but later determined to be 15 percent. Mayor Tait, at the request of the Let the People Vote committee, put the charter amendment on the July 24, 2012 meeting and since all agenda items on that agenda were continued for safety precautions, it was now appropriate to consider at this time. He stressed that the last date to include this amendment for the November general election was August 10, 2012 which meant action to approve must be taken this evening. As the citizens of Anaheim had voted to enact a transient occupancy tax, Mayor Tait believed it was their right to determine how those taxes could be used. He then moved to approve a ballot measure for the November 6, 2012 General Municipal Election, amending the City Charter to add a new Section 1223, requiring voter approval for any waiver, exemption or refund of Transient Occupancy Tax (TOT) as economic assistance for hotel development, and voter approval to extend the time for performance under an existing and future agreements for a waiver, exemption, or refund of TOT as economic assistance for hotel development, seconded by Council Member Galloway. Council Member Galloway explained that decisions she made regarding TOT hotel tax subsidies were based on her belief that council members were stewards of the people's money and had a fiduciary responsibility to make sure revenues were provided for public safety, infrastructure improvements, maintenance and community services. She believed the GardenWalk development exceeded any reasonable request for assistance and would forever change and reduce one of the most important and vital revenue streams in the city: transient occupancy tax. She added that the Garden Walk deal required 100 percent of all available TOT for 15 years and it was unacceptable and not a good deal for the people she serves. Council Member Galloway responded to comments about additional police services and other needed services and felt holding future general funds would harm the city. She expressed her Special Meeting Council Minutes of August 8, 2012 Page 13 of 18 disappointment of a letter received from developer, Bill O'Connell criticizing Mayor Tait's leadership and comments that the Garden Walk deal was good for everyone. Council Member spoke of her support of the Mayor's display of strength and courage during these times. She spoke of her disagreement that the project was good for everyone adding that the project was only good for Mr. O'Connell and those making money from the deal. She continued to state that when he receives 158 million of Anaheim taxpayer money for his private development that he would not have to pay back, would not have to pay interest, and where he has not made an offers of community benefit, she felt the very least he could to do was to be quietly grateful. For those reasons stated, she supported this ballot measure which would allow the public to vote on any future TOT incentives. Council Member Murray asked staff to clarify earlier issues raised related to advice given to proponents of the initiative that was in error. Linda Andal, City Clerk, responded information had been given relating to various petition processes that was later found to be incorrect. She added in any communication with proponents or interested persons, she provided a disclaimer strongly advising proponents to seek their own legal counsel on the process. Council Member Murray remarked that Anaheim had a vibrant economy and was in much better finances that many cities across California, some of whom were filing for Chapter 7 bankruptcy. Anaheim's Resort District contributed to more than 50 percent of the city's general fund income and opportunities to grow and enhance the Resort district had a direct benefit on growing general revenues for the City long -term. She pointed to other subsidized developments in Anaheim's history, including Angel Stadium, the Honda Center, the Convention Center and the Resort area. She would not support an action that would tie the hands of current/future residents or councils to engage in development opportunities that were public /private partnerships. She added that the 158 million was not accurate. The net present value was $70 million and suggested interested persons to visit the city's website, which was also capped. Mayor Pro Tern Sidhu would not support this "stop growth" measure, stating the initiative would hurt the city's revenues in the long -term and could put at risk the future lease agreements with Angel Stadium or other public /private partnership ventures. In addition, the city of Garden Grove with its known developer incentives would take advantage of Harbor Boulevard sites to siphon TOT revenues away from Anaheim. Council Member Eastman remarked this was a simple decision for her at this point, a growth or no growth approach stating she would not support the ballot measure. Mayor Tait provided clarifying points that this measure was directly related to hotel developments and would not affect those types of projects in the 1990's relating to the Honda Center and Stadium and called for a vote. City Clerk Linda Andal advised that all votes this evening would be by voice roll call vote, as required by the government code when any member of the council is teleconferencing and participating. Voice Roll Call Vote: Ayes — 2 (Mayor Tait and Council Member Galloway). Noes — 3; (Council Members: Eastman, Murray and Sidhu.). Motion to approve failed. Special Meeting Council Minutes of August 8, 2012 Page 14 of 18 3. Consider a ballot measure for the November 6, 2012 General Municipal Election to amend Sections 500 and 501 of the City Charter and add new Sections 500.1 and 500.2 to i) increase the number of council members from four to six, ii) require that the six E127 members of council be elected by his or her home district and only by the registered voters of that district, and iii) establish a Districting Commission to Advise the City Council on the District Boundaries. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA ordering the submission of a proposed amendment to the City Charter to the electors of said City at the General Municipal Election to be held in said city on November 6, 2012 (Measure No. _ — Increase Council Members to six; require district elections for Council Members; establish Districting Commission). RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA setting priorities for filing written arguments regarding city measure to be submitted to the electors of the City at the General Municipal Election to be held in said city on November 6, 2012, and directing the City Attorney to prepare impartial analyses of such measure. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA providing for the filing of rebuttal arguments for city measure submitted to the electors of the City at the General Municipal Election to be held in said City on November 6, 2012.AT the request of Mayor Tait, a proposed charter amendment has been brought before council for consideration that would increase the number of council members from four to six, It would require that those council members be elected by district and would establish a districting commission to advise the council. Currently section 500 of the Anaheim charter provides that the mayor and four members of council be elected form the city at large. The proposed amendments to the charter would increase the number of councilmembers from four to six and require that the six council members be elected by his or her home district and only by the registered voters of that district. The mayor would continue to be elected at large. The proposed amendment would also create a districting commission. Mayor Tait reported this was an item to consider a ballot measure for the November 6, 2012 general municipal election to amend the City Charter to increase the number of council members from four to six, require that the six council members be elected by the registered voters of his or her home district and to establish a Districting Commission to advise council on district boundaries. City Attorney Cristina Talley outlined the details of the proposed charter amendment. Section 500 would increase the number of council members to six and require that those council members be elected by district. A new section 500.1 would be added to provide for the creation of the six districts and provided for a transition plan from at -large elections to district elections. Those districts would be in compliance with all applicable laws, and the ordinance establishing the boundaries and transition plan would be adopted on or before December 13, 2013. There was a clause allowing for adjustment of the boundaries relating to population adjustments following each decennial federal census as well as managing any future annexed or incorporated properties into the city. In addition, Ms. Talley stated a new section of 500.2 would be added to establish a Districting Commission to advise the council on the establishment of boundaries of the six districts and any Special Meeting Council Minutes of August 8, 2012 Page 15 of 18 subsequent modifications to those boundaries, comprised of seven registered Anaheim voters to be appointed by a panel of three retired judges of the Superior Court for the County of Orange, selected at random by the city manager. In the event that the city was unable to secure the assistance from three retired judges, the Commission would be appointed by a majority of the city council. This section further provided for a fair representation of all geographic areas of the city to serve with impartiality in a non- partisan role, would prohibit city officers or employees from serving and would also establish the application and selection process for the Commission along with a timeline for serving. Lastly Section 501 of the charter would be amended to provide that every member of council would be required to remain a qualified voter in the district from which that council member was nominated, that no change or boundary or location of any district would abolish or terminate the term of any council member prior to the expiration of that council member's term. She added that each member of council will, for the duration of that term, represent the district by which that council member was elected. Ms. Talley ended her presentation indicating if council approved the placement of this charter amendment on the ballot, the listed resolutions must be adopted as well. She added there were sufficient funds allocated in the City Clerk's election 2011/12 budget for this item. Mayor Tait remarked this item had been continued from the July 24` special meeting and in order to have it included on the November 2012 ballot, it must be approved at this time. He stated he supported elections by district, but regardless of that position, he believed the public should determine how they should be governed. The option of six council districts was selected, he added, because it was in compliance with state law, and could be changed at a later date by the vote of the people. For those reasons, he moved to approve the proposed charter amendment allowing for elections by six districts and the establishing of a Districting Commission to be placed on the November 6, 2012 general election, seconded by Council Member Galloway. Council Member Galloway stated she supported district elections as it would allow fair representation of residents throughout the city. She added the California Voting Rights Act was designed to insure all protected groups had the ability to influence the outcome of elections because at -large election systems diluted minority votes. She opposed the establishment of a study committee to contemplate options available and was in favor of an unbiased districting commission set up by three retired judges with no political agendas. She added because Anaheim was a charter city, this amendment must go before the voters and it was time to let the people vote on this issue. Council Member Murray responded there were many options available to bring a districting plan before the voters, pointing out there was time to study alternatives and submit the best options to the vote of the people and moved to table this item, seconded by Mayor Pro Tern Sidhu. Council Member Eastman voiced her support to table this item, and to subsequently perform a thorough charter review process and bring back districting options that would be embraced by the community. Voice Roll Call Vote: Ayes — 3: (Council Members: Eastman, Murray and Sidhu.) Noes — 2: (Mayor Tait and Council Member Galloway). The motion to table this item approved. Special Meeting Council Minutes of August 8, 2012 Page 16 of 18 4. If the City Council approves any measures for the November 6, 2012 General Municipal Election, amend Resolution Nos. 2012 -060 and 2012 -061 which call and give notice of the November 6, 2012 General Municipal Election and requests the Orange County Board of Supervisors consolidate the November 6, 2012 General Municipal Election. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending Resolution 2012 -060 to include the adoption of measure(s) to amend the City Charter. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending Resolution 2012 -061 requesting the Orange County Board of Supervisors to consolidate a General Municipal Election with the Statewide General Election to be held on November 6, 2012, to include in said municipal election the adoption of _ ballot measure(s). City Clerk Linda Andal advised that Item No. 4 was prepared in the event any measures were placed on the November 6, 2012 ballot and because measures were not approved for the November ballot (Items Nos. 3 and 4), action by Council on this item was not necessary. 5. Consider a resolution to establish a Citizens Advisory Committee on elections and community involvement. B105 RESOLUTION NO. 2012 -090 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM establishing the Citizens Advisory Committee on elections and community involvement. City Manager Bob Wingenroth stated this item was at the request of Council Member Murray and reflected a resolution establishing a citizen advisory committee to involve all ethnic and community groups in the study of the city of Anaheim's election process before the city proceeded with any changes to its charter and system of governance. The committee would provide advice to the council on promoting the full participation of all ethnic and racial groups in local elections including recommendations on potential changes to the city's election systems, how to encourage voter registration, how to identify and engage community groups in elections and in local government decision - making, language assistance programs and other techniques to promote full participation in the electoral process. The committee would report back with a recommendation to the City Council in time for any proposed changes to the city's government system to be considered and placed on the June 2014 primary ballot in order to take effect by the next general election in November 2014. He explained the process would not necessitate the time or cost of a special election in 2013 to ensure that any proposed changes were in place by the next general election in Anaheim, if desired by the electorate of Anaheim. Council Member Murray indicated there were a number of options available to the residents of Anaheim on how they might move forward with an election by district, including council members residing in and solely elected by residents of a district, retaining an at -large mayor or having a circulating mayor, as well as alternatives on the numbers of districts appropriate for the city of Anaheim. A citizen advisory committee would offer an open process with community involvement and participation with discussion on steps to take to encourage voter registration, identify and engage community groups and the types of language assisted programs that would bring about higher voter turnouts. She believed recommendations from this advisory group with strong citizen support would have a greater chance for success rather than trying to get a proposal before the voters this November. She then moved to approve a RESOLUTION OF Special Meeting Council Minutes of August 8, 2012 Page 17 of 18 THE CITY COUNCIL OF THE CITY OF ANAHEIM establishing the Citizens Advisory Committee on elections and community involvement, seconded by Mayor Pro Tern Sidhu. Council Member Galloway opposed this action believing the panel as structured would not be fair or unbiased unless it included three retired judges who would select seven citizens with no political basis or agendas. Council Member Eastman was supportive of the action and indicating it should be done in a manner that was not weighted towards any one group and was fairly based on a mixture of representatives from different sections of the community. Mayor Pro Tem Sidhu added that Anaheim was a diverse community made up of Latinos, Arab American, as well as the Asian community and he also wanted to insure the panel was fair and equitable in its makeup. Council Member Murray remarked the appointments were structured to reflect the geographic diversity of the city and was modeled on the format used by the city of Vista who had great success in increasing voter turnout among Latino populations. Council Member Galloway asked if she could make a substitute motion. City Clerk Linda Andal advised that Council rules did not allow for substitute motions and provided other motions that would take precedent over the main motion, per the city's rules. Council Member made a motion to table item number 5 and receiving no second, the motion did not go forward. Mayor Tait then called for the vote on the main motion: Voice Roll Call Vote: Ayes — 3: (Council Members: Eastman, Murray and Sidhu.) Noes — 2: (Mayor Tait and Council Member Galloway.) Motion to approve Resolution 2012 -90 carried. COUNCIL COMMUNICIATION: Council Member Eastman remarked she looked forward to engaging the community on the districting issue as the city moved forward to determine what was best for Anaheim. She encouraged citizen input stating her door was always open and she always returned phone calls and emails. As a member of the Sikkh faith community, Mayor Pro Tern Sidhu expressed his sympathy and condolences to the families and victims of the tragic shooting which took place at the Sikkh Temple in Oak Creek, Wisconsin. He asked that the United States Flag be flown at half -staff and this meeting be adjourned to honor those who lost their lives during that event. Council Member Galloway strongly expressed her disappointment in tonight's actions on the proposed ballot measures remarking how those actions would impact the community and those residents who felt disenfranchised. Council Member Murray remarked it was unfortunate to have two divisive issues mixed into a town hall forum along with two real community tragedies and she hoped council would be able to move forward and come together unified as a council and as a community. Mayor Tait thanked everyone for coming to the podium and stating their opinions, thoughts and concerns. This process reflected true city government and while city council members disagreed on viewpoints, he accepted the decisions made and would move forward to solve the challenges facing Anaheim. Special Meeting Council Minutes of August 8, 2012 Page 18 of 18 ADJOURNMENT At 9:12 P.M., Mayor Tait adjourned the special meeting of August 8, 2012 in memory of the Sikkh Temple community in Oak Creek, Wisconsin and the events that occurred there. R tfully submitted, Linda N. Andal, CMC City Clerk