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2012/08/02ANAHEIM CITY COUNCIL SPECIAL MEETING OF AUGUST 2, 2012 The Anaheim City Council met in special session on August 2, 2012 in the City Council Chambers located at 200 Anaheim Boulevard. 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 1:04 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 July 30, 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. Mayor Tait stated this special meeting of August 2, 2012 was called by Council Members Eastman, Murray and Sidhu to consider three closed session items. He advised that public comments would be received. He further provided that a separate special meeting was called by him to be held on Wednesday, August 8th at Cook Auditorium at 4:00 P.M. to consider two ballot initiatives; 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 were timely as the last date to add an item to the November ballot was November 10, 2012. City Clerk added Council Member Eastman had checked in via teleconferencing and was currently on the line and that both the notice and the agenda had been posted at the noticed teleconference location in accordance with the Brown Act. ADDITIONS /DELETIONS TO THE AGENDA: None PUBLIC COMMENTS: William Fitzgerald, Anaheim Home, recommended a reorganization of city staff by appointing a Spanish- speaking Latino as police chief and transferring the current police chief to the position of city manager, an approach that would stop the present civil unrest. He also supported district elections consisting of at least seven council districts to ensure reasonable Latino representation. Seferino Garcia, Solevar Community Development Corporation, addressed the history of Latino representation in California and in Anaheim. He proposed the creation of a civilian police review board to investigate police homicides, hiring practices, and conduct. By working together with community input, he recommended the establishment of more youth programs and recreational Special Meeting Council Minutes of August 2, 2012 Page 2 of 5 facilities. He submitted his proposal along with a grand jury report from San Diego on district elections and information from other southern California cities regarding civilian commissions. Richard Olquin stated he had worked with Solevar and was a member of Los Amigos. Addressing Item No. 3 on the closed session agenda, he believed the city was at risk of having another incident such as the one that occurred on the July 24th council meeting with outsiders coming into Anaheim to provoke violence. He indicated flyers were being circulated predicting this would occur. He believed that working independently and meeting with small groups in the community was the best strategy to bring about change, remarking that it would take years to accomplish. John Dunton, Anaheim Coalition for a Peaceful Community, explained this was a new organization of business people in Anaheim committed to increasing youth programs and facilities to get kids off the streets and into parks. He supported the August 8 1h meeting but was also concerned that outside groups would come in and exacerbate the situation. Martin Lopez, union and community organizer, addressed district elections stating it was a civil rights issue rather than a political one. He urged council to immediately settle the existing lawsuit as a way to promote consensus and unity instead of perpetrating divisiveness. Putting this issue on the ballot, he remarked, would only delay action. Arturo Ferrez, resident, supported district elections in order to have better representation for Anaheim communities that reflected a majority Latino population. He also supported eight districts rather than four for a city with 336,000 residents, stating it would neutralize the business community from overrunning the interests of the residents. In addition, district elections would lower the cost of campaigns and provide responsible, accountable leaders. Marisol Ramirez, resident and college student, supported district elections and urged council to settle the lawsuit as it would make a positive impact to her neighborhood offering the people a voice in creating positive changes and bringing attention to neighborhood needs. She added having been raised in a neighborhood with a high crime rate, gang problems, poverty and lack of parks and recreational programs, there were never enough resources to improve the quality of life in her community. Mariana Rivera, resident of Gunida area, supported additional electoral districts in the city, a system that would represent working families and create a better future for their children. She wanted peace in the neighborhoods and changes that would better the community. An unidentified individual was present as part of a group that peacefully protested every Sunday in front of the Police Department. She urged council to investigate police incidents from years prior to 2012 and to hold officers accountable for their actions. She further recommended changes be made throughout the police department with training, education and a new protocol when there was an officer - involved shooting and to establish a civilian review board because the District Attorney's Office and Anaheim Internal Affairs had not proven effective. Theresa Smith, mother of Caesar Cruz who was fatally shot by Anaheim police in December of 2009, explained she had been protesting every Sunday for almost three years, asking for answers to her son's death. She was supportive of the recent protests and strongly opposed outsiders coming in and destroying the efforts community groups had made. She urged council to personally take a look at all neighborhoods as it was not only Anna Drive that had problems. Special Meeting Council Minutes of August 2, 2012 Page 3 of 5 Ron Bendochet, resident, spoke against district elections, explaining it had been his experience as a retired labor negotiator with various cities, that communities were generally well represented and whether a council member resided in a district or not, should not be a factor to representing all the people of Anaheim. He added if his needs were not addressed, he had no problem bringing those issues before council during public comments. He also supported council's actions on initiating an investigation of the police incidents asking the public not to prejudge the outcome and let the facts be known. Mariano, offered her perspective as a lifelong resident of Anaheim. She called for refocusing the city budget on strengthening youth programs to engage and reach out to teens and redirect their energy into something positive, rather than reducing the budget for these types of activities whenever revenues were challenged. During these tough economic times, she stated, families were taking on second and third jobs, working late hours, and children were left on their own. She also recommended council hold meetings later in the evening to allow for a larger, more diverse representation of Anaheim residents. An unidentified individual stated that living in a lower socioeconomic community made up of people of color, the current council makeup could not represent him effectively. An unidentified individual stated she was one of those protesters speaking for Manuel Diaz, Joel Acevedo, Martin Hernandez and many others. While she was thankful for the initiation of a police investigation into recent incidents, she asked that Justin Hurdle, Joe Whitehouse, David Reya, Caesar Cruz, Marcel Ceja, Julian Alexander and Julian Collender not be forgotten. An individual declining to state his name, believed the Anaheim Police and mutual aid officers from Brea, Santa Ana and Fullerton, had instigated the violence that recently occurred. He stated officers in riot gear surrounding protesters could make any situation look threatening and the escalation occurred because of their actions. Sandra Day stated she was a first generation American, and urged council to vote no on redistricting as the racial makeup of council was irrelevant and ever - changing. A few years ago, she pointed out, the complexion of the council was made up of two Hispanics, one Philippine, one Indian and one Anglo, demonstrating that this governing body was often a diverse group. She supported having five council persons who were directly accountable to her. She also supported Chief Welter who had put a great deal of time and effort into the community and had earned its respect. Corey Cline announced she was one of those who protested each Sunday in front of the Police Department. She described how she was taunted last Sunday (while she was protesting) by the officer who shot her brother and was harassed as well, at other times. She asked that the harassment stop. Vernon Nelson supported the community meeting scheduled for August 8th at the Cook Auditorium, remarking it was exactly what the community needed. He brought statements for the record from friends who could not be present, Inga Scott and another individual who declined to state his name, both opposing the actions of the police department during the recent protests stating their actions incited the community. Special Meeting Council Minutes of August 2, 2012 Page 4 of 5 Jose Vargas, East Street Community Renewal Initiative, thanked Mayor Tait and Council Member Galloway for accepting the invitation from Anna Drive residents to meet with them. He encouraged holding the August 8 special meeting and to work with the community to take the next step forward. Thomas Holquin, resident, remarked the California Voting Rights Act was not about race, but was about demographics and the city must comply with the law. He thanked staff and employees of the city for their efforts during this crisis and the council for reaching out to the community. He felt there were too many risks in holding another public meeting on August 8th, wondering how those issues on the agenda would be handled should the meeting be canceled. Joanne Sosa, Take Back Anaheim, favored district elections and equal representation for all citizens in Anaheim. She expressed concern over the underlying motives of the council majority for calling for the meeting and scheduling the closed session items alleging retaliation in the form of performance evaluations. She wanted to ensure that the special meeting on August 8th would not be canceled. The City Clerk indicated there were no public comments received from the teleconference site. At 1:58 P.M. Council recessed to closed session. CLOSED SESSION: 1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9 of the Government Code) Name of Case: Moreno et al. v. City of Anaheim, Orange County Superior Court Case No. 2012- 00579998 2. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Section 54957 of the Government Code) Title: City Manager, City Attorney, City Clerk, City Treasurer 3. POTENTIAL THREAT TO PUBLIC SERVICES OR FACILITIES (Section 54957 of the Government Code) Consultation With: Anaheim Chief of Police At 6:21 P.M., the special meeting was reconvened and council returned. PRESENT: Mayor Tait and Council Members: Galloway, Murray and Sidhu ABSENT: Council Member Eastman (disconnected at the completion of Closed Session) REPORT ON CLOSED SESSION City Attorney, Cristina Talley reported the City Council unanimously voted to retain the firms of i) Atkinson, Andelson, Loya, Ruud & Romo and ii) Nielsen, Mersamer, Parranello, Gross & Leoni to represent the City in the litigation matter of Moreno et al. v. City of Anaheim. Council Member Murray moved to retain the firms listed above to represent the city in the litigation matter of Moreno et al. v. City of Anaheim, second by Council Member Sidhu. The City Clerk conducted a voice roll call vote at 2:06 p.m. in accordance with the government code addressing teleconference participation: AYES - 5: Special Meeting Council Minutes of August 2, 2012 Page 5 of 5 (Mayor Tait, Council Members Eastman, Galloway, Murray and Sidhu.) NOES - 0. Motion approved. COUNCIL COMMUNICATIONS Council Member Murray expressed appreciation for the dialogue that occurred today, remarking there were a number of challenges facing the city and as a community, she believed those challenges could be addressed and Anaheim would continue to be one of the safest cities in which to live and raise a family and to own and operate a business. She was committed to finding answers and solutions to keep the youth and the neighborhoods safe. Council Member Murray also understood an item would be on the August 8 th special meeting that included one possible remedy pertaining to districting, however she would like to include a broad community -based discourse before the city proceeded with any specific solution. She then asked that council consider the establishment of a citizen commission that could look into the electoral process and what changes might be considered. Mayor Tait requested that item be added to the special meeting agenda scheduled for August 8th. Council Member Galloway extended thanks to all residents for their comments and concern and to those that kept them safe. Council Member Sidhu spoke of his support for the police department remarking the city was doing its best as it worked through this crisis, pointing out city leaders and the community was in this together and would find solutions together. Mayor Tait announced the upcoming city council special meeting scheduled for August 8 at Anaheim High School, Cook Auditorium. He indicated the meeting was to hear the public's comments and would be the first step towards healing and ultimately finding solutions. ADJOURNMENT At 6:27 P.M., Mayor Tait adjourned the special meeting of August 2, 2012. Re ulfy submitted, Linda N. Andal, CIVIC City Clerk