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2014/02/04ANAHEIM CITY COUNCIL REGULAR AND REGULAR ADJOURNED MEETING OF FEBRUARY 4, 2014 The regular meeting of February 4, 2014 was called to order at 3:00 P.M. in the chambers of Anaheim City Hall and adjourned to 4:30 P.M. for lack of a quorum. The regular adjourned meeting of February 4, 2014 was called to order by Mayor Tom Tait at 4:35 P.M. The meeting notice, agenda, and related materials were duly posted on January 31, 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: None CLOSED SESSION: At 4:36 P.M., City Council recessed to closed session for consideration of the following items: 1. 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 At 5:09 P.M., City Council session was reconvened. INVOCATION: Gregory Tucker, Hope Community Church of Anaheim FLAG SALUTE: Council Member Jordan Brandman RECOGNITIONS (For A Later Date): Proclaiming February 7, 2014, as National Wear Red Day Proclaiming February 2014, as Make Kindness Contagious Month Recognizing June Glenn, Cypress College Foundation Americana Award recipient Proclaiming February 2014, as Career and Technical Education Month City Council Minutes of February 4, 2014 Page 2 of 27 Brian O'Neal thanked Council for recognizing Career and Technical Education Month, explaining the value in preparing students for the future in relevant technical education. He announced that the North Orange County Regional Occupational Program (NOCROP) was a cooperative effort by five school districts within North Orange County and specific to the city, 6,700 students, 32 percent of the total student body from the Anaheim High School District were enrolled, as well as 6,100 Anaheim residents, all attending classes to gain technical skills to succeed in employment and career advancement. Proclaiming February 16 - 22, 2014, as National Engineers Week Proclaiming February 4, 2014, as World Cancer Day ADDITIONS /DELETIONS TO THE AGENDA City Clerk, Linda Andal announced staff requested Item No. 19, a public hearing related to the Anaheim Convention Center, be withdrawn from the agenda and advised the hearing would be published and re- noticed for a future meeting date. PUBLIC COMMENTS (all agenda items): The City Clerk provided a brief statement on public comment guidelines for speakers. Cecil Jordan Corcoran, Outreach Homeless Ministries, discussed his vision of distributing a magazine bible to the public. Daniel DeMeyere, resident, cited various concerns related to the Brookhurst Street Widening project, including a bus stop that was moved which now blocked the view of pedestrians and the fact there was now only one way to enter into his neighborhood, leaving it land- locked. Kurt Brunner, resident, also addressed the Brookhurst Street Widening project, emphasizing the safety issues for pedestrians using the Islamic Center caused by construction of a wall as part of the widening project. He added a petition from the neighbors was submitted outlining their concerns and requested the city's assistance. Mayor Tait asked the city manager to provide a report to council addressing the concerns identified, i.e., the bus stop and left -turn lane. James Robert Reade identified specific gang members and their activities and also voiced his suggestions for parents and family members who sanctioned these activities. William Fitzgerald, Anaheim HOME, offered his opinions on the power shortage caused by the closure of the San Onofre power plant, emphasizing that electric generating plants should be constructed on sites with available water supply, existing high voltage lines, and large natural gas pipelines; he suggested that such a facility be considered for the unused river bottom area near Anaheim Stadium. Additionally, he cited various allegations against certain council members using language that Mayor Tait felt was inappropriate and requested the speaker refrain from such language. City Council Minutes of February 4, 2014 Page 3 of 27 Mariana Rivera identified herself as a community leader in the Guinida neighborhood, stating she was supporting district elections as a method to address problems in her community. She emphasized it took too long to get a needed community center and community park in her neighborhood because funding was always earmarked for other projects. Ms. Rivera felt that district elections would offer each area a representative that understood and would support the neighborhood's needs. Andrew Ochoa remarked on the founding principles of democracy; that is, all people were equal in the eyes of the law and no one was of the privileged elite. He addressed the consequences of undermining democracy. Michael Baker, Boys and Girls Club, reported he ended year 2012 with 2,420 members, with 640 of the boys and girls living in either priority neighborhoods, motels, Section 8 housing, foster care homes or in homeless shelters. He emphasized without the city's support, the Club could not have reached those children and reminded the community of the upcoming fund - raiser for March 22 "d , an annual gala at the Disney Grand Californian. Wally Courtney, realtor, asked that the following questions with regard to Item No. 17, Angels Baseball negotiations be posed when that item was considered by Council: 1) why was the appraiser picked on a sole source basis; 2) why the high cost, in his opinion, of the consultant's fee; and 3) why the market value of the property as of October 2019 was part of the scope of work. Mary Daniels, resident, spoke on behalf of Zia against a revitalization scheme. She explained that low income families did not have dependable salaries or any cushion of cash for emergencies and often needed to bargain with their landlords to pay their monthly rents in installments rather than at the first of the month. Revitalization efforts that turned properties over to impersonal property managers who demanded the total rent on the first of the month or threatened families with eviction might bring about more aesthetically pleasing neighborhoods but often caused distress to the poor who lived in those neighborhoods. Linda Vato, resident, talked about the loss of family resources and programs that were important to the children and families in poorer neighborhoods, adding that many parents worked two or more jobs to support their families and were in need of those services. An unidentified speaker was dissatisfied with the city's efforts in helping the homeless, remarking a permanent shelter must be found and that the Fullerton armory was filled to capacity and beyond. Rather than spending taxpayer dollars on the Honda Center bar and the ARTIC station, he suggested using those funds to address the impacts of the homeless who were living in bus shelters with no place to go. COUNCIL COMMUNICATIONS In response to earlier comments, Mayor Pro Tern Murray pointed out that construction for a new park just began in Guinida Lane and that in downtown Anaheim, funding had been allocated for two new community centers with City Council Minutes of February 4, 2014 Page 4 of 27 two additional parks in the pipeline for consideration in the immediate future. She emphasized the dissemination of information about these projects must be improved to insure those neighborhoods understood Council was committed to making sure allocations were made and services were being provided as quickly as possible, now that the city was recovering from a long and deep recession. Referring to settlement actions on districting, she emphasized the decision was unanimous by the Council and further details would be presented later during this meeting. She added that each Council Member was a resource to the residents, and urged them to call, email or meet in person to get answers for their questions or concerns. Council Member Kring responded that the City did not pay for the Honda Center terrace improvements, including the bar that was discussed earlier; it was paid for by Honda Center management. Responding to a speaker who was dissatisfied with the city's efforts in helping the homeless, she explained a park campsite for the homeless was not the answer as residents who lived and used those parks were distressed over the fact the homeless prevented them from accessing their neighborhood parks. Alternatively, Anaheim was involved in providing shelter to the homeless with the non- profits in Orange County participating, and a task force had been established with Anaheim staff actively working towards solutions to the homeless issue. She understood the Armory was at full capacity, adding that a regional site was being explored to expand that capacity and that the city was doing a great deal to address the issue of homelessness. CONSENT CALENDAR: Council Member Eastman moved to waive reading in full of all ordinances and resolutions and to adopt the consent calendar as presented, in accordance with reports, certifications and recommendations furnished each city council member and as listed on the consent calendar, seconded by Council Member Kring. Mayor Tait indicated a potential conflict of interest on Agenda Item No. 9 as his firm had done work this past year with the County of Orange, and he would record an abstention. Roll Call Vote: Ayes — 5: (Chairman Tait and Council Members: Brandman, Eastman, Kring and Murray.) Noes — 0. Motion Carried. 5. Approve an agreement with Cathleen Forcucci Dance Academy to provide youth AGR- 3564.1 and adult dance class instruction for the Community Services Department. 6. Approve an agreement with OCCU -MED, Inc. to continue their services in the AGR - 1914.1) area of occupational health and medical standards, including pre - placement medical examinations and other employment- oriented medical services. 7. Approve an engineering services agreement with Iteris, Inc., in an amount not to AGR -7994 exceed $664,000, to implement a Traffic Signal Synchronization Project on Harbor Boulevard from Romneya Drive to the south city limit. 8. Waive the sealed bid requirement of Council Policy 4.0 and authorize the 1)129 Purchasing Agent to issue purchase orders to Witt O'Brien's LLC, Westnet, and Keystone Public Safety, in the aggregate amount of $357,279, for software and City Council Minutes of February 4, 2014 Page 5 of 27 equipment for the Fire Department, utilizing restricted Urban Area Security Initiative grant funding, supplemented by funding from the Metro Cities Joint Powers Authority. 9. Approve and authorize the City Manager to execute and take the necessary actions to implement and administer a Letter of Agreement with the County of AGR- 1490.1V Orange to proceed with the 800MHz Countywide Coordinated Communications System Project with the County and funding of $246,123 in the fiscal year 2014/15 budget. Mayor Tait recorded an abstention. Council Member Eastman moved to approve, Council Member Kring seconded the motion. Roll Call Vote — Ayes — 4: (Mayor Pro Tem Murray and Council Members: Brandman, Eastman, and Kring.) Noes — 0. Abstention — 1: Mayor Tait. Motion Carried. 10. RESOLUTION NO. 2014 -012 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM establishing rates of compensation for classifications D154 assigned to the International Brotherhood of Electrical Workers, Local 47. RESOLUTION NO. 2014 -013 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending Resolution No. 2010 -011 for the purpose of creating, deleting and /or modifying certain classifications designated as Professional Management. 11. RESOLUTION NO. 2014 -014 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM establishing Permit - Eligible Parking District No. 26 D175 (Vintage Vine Rose) and determine the action is exempt from the California Environmental Quality Act (CEQA) pursuant to Regulation No. 15061(13)(3). 12. RESOLUTION NO. 2014 -015 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM accepting irrevocable offers of dedication of certain real property and /or facilities. (Tract Map 16859, in conjunction with widening of the P179 Katella Avenue 1A - Lewis Street to State College Boulevard). 13. RESOLUTION NO. 2015 -016 A RESOLUTION OF THE CITY COUNCIL OF R100 THE CITY OF ANAHEIM amending Resolution No. 2013 -168 which establishes the days and times of regular meetings of the City Council meetings for the 2014 calendar year. 14. ORDINANCE NO. 6292 (ADOPTION) AN ORDINANCE OF THE CITY OF 0280 ANAHEIM amending the zoning map referred to in Title 18 of the Anaheim Municipal code relating to zoning (Reclassification No. 2013 - 00257; 801 -817 South Anaheim Boulevard and 120 West South Street; Introduced at Council meeting of January 28, 2014, Item No. 23). City Council Minutes of February 4, 2014 Page 6 of 27 M142 15. ORDINANCE NO. 6293 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM adding Section .053 to Chapter 1.09 of the Anaheim Municipal Code relating to electronic and paper filing methods of campaign finance disclosure statements (Introduced at Council meeting of January 28, 2014, Item No. 23). END OF CONSENT CALENDAR: 16. Receive and file the update regarding the public art program at ARTIC. Natalie Meeks, Public Works Director, remarked all involved in the planning and design D175 of ARTIC recognized that the iconic facility would be a significant asset to the city and to Orange County, adding that public art should be incorporated into the overall plan. To that end, the grant application included projects to be included in the final design of the building. The largest component was a proposal for a unique art piece that was advertised and sent out publicly to any and all interested persons and via a committee of internal staff and representatives from the Art Commission and the Muzeo, that public art piece had now been selected. It involved the stair risers in the entry of the building lobby offering the observer a lenticular display of varying images with movement depending on the angle viewed, adding that staff was working with the artist to finalize the transitory images. She also explained the initial contract to finalize the concept and budget for the art work had been approved, and the full contract for manufacturing and installation of the work would be presented for council's approval in the near future. The second art piece, she remarked, was a sun sculpture originally housed in California Adventure and was donated to Anaheim by the Disney Company in conjunction with a proposed redevelopment project that was no longer being considered. It would now be displayed in the ARTIC facility and staff had received approval to place it along the rail platforms next to the northwest end of the platforms and was awaiting the foundation design. Other elements would include community art, with a video board, a touch screen to display children's art or other local art work, plus an interactive puzzle design. Another aspect would involve the local schools, having students draw transportation related art or posters with the possibility of additional funding through a grant application to be submitted in conjunction with the Muzeo. Lastly, she added, the building itself with its LED lighting and its unique composite material would showcase a number of different visual lights, dramatically displayed in the evenings and was considered an art piece in and of itself. She noted staff was in the process of doing a final accounting of the budget to make sure all these components would be possible with the $900,000 budgeted, and the additional funding being sought. Mayor Tait remarked he had asked for this update as concerns had been raised that the art component had changed or was no longer being considered. He noted that originally the Cultural and Heritage Commission was a part of this effort and he would like to see staff update the commission on the changes and seek their input before going forward. Council Member Brandman requested staff also provide details on what changes were made, as he had received inquiries as well, and that details of the $50,000 stipend be included in that report. Ms. Meeks indicated that an RFP was City Council Minutes of February 4, 2014 Page 7 of 27 broadly advertised in which any artist could propose a concept for the city to consider. Those proposals were reviewed and short- listed to a handful of firms who were then asked to provide more detailed concepts of their work. The stair riser concept was ultimately selected and the unsuccessful proposers were given a small stipend to offset their costs in producing those proposals for the city, a process, she explained that was fairly typical in the industry. No stipend had been given for the initial presentation, only to those short- listed firms who were not selected. She added there was a committee of internal staff, OCTA, the Cultural & Heritage Commission and the Muzeo who selected the final art piece and it had changed somewhat from the artist's proposal of 30 varying images and was now reduced to five, as 30 images did not work physically with the materials or the installation. Ms. Meeks emphasized it would be a stronger piece and have a bolder change in views as it traveled across the risers and staff hoped to see those final images sometime this week, have them approved, and moved into production as quickly as possible. Council Member Brandman responded that he was supportive of returning to the Cultural & Heritage Commission for an update as was Council Member Eastman. She noted there were several local artists serving on the commission and it was an appropriate group to review the final concepts and to ensure they were comfortable with the level of cost and the art. MOTION: Mayor Tait moved to receive and file the report and for staff to seek input from the Cultural and Heritage Commission, seconded by Council Member Kring. Roll Call Vote: Ayes — 5: (Mayor Tait and Council Members: Brandman, Eastman, Kring and Murray.) Noes — 0. Motion Carried. 17. Discussion of ongoing negotiations with Angels Baseball and Pacific Coast Investors regarding Angels Stadium and the Stadium District and provide D124 direction to staff if desired. Receive and comment on Angels Baseball negotiations Stadium Site appraisal. Tom Morton, Convention, Sports and Entertainment Director, reported Council had directed staff to seek out the services of a qualified firm for a property appraisal of the Anaheim Stadium site in an effort to obtain critical data for the ongoing negotiations with Angels Baseball, and to that end, staff contracted with Waronzof Associates. Mr. Morton provided in depth detail on the qualifications and experience of Timothy Lowe, the principal and lead appraiser of the Waronzof firm responsible for directing real estate consulting/ valuation, best practice analyses, highest and best use studies along with market value and fair compensation appraisals. After introduction by Mr. Morton, Mr. Lowe remarked he understood the role his firm would play in the city's early assessments as staff gave direction to the negotiation team and he looked forward to completing the appraisal and discussing the findings and recommendations. Mayor Tait stated one of the earlier speakers wondered why the city would seek a valuation of the stadium site for the year 2019 rather than look at the City Council Minutes of February 4, 2014 Page 8 of 27 present day value. Mr. Lowe responded it was a common practice when appraisals were prepared in conjunction with lease negotiations. He advised that a date was picked consistent with the expiration of the lease and that was the date recommended to staff as the last point under the current agreement in which Angel's Baseball had an opportunity to opt out of the lease and when the city would be able to realize the market value of the property, either under the premise of a new lease with the team or if no new lease, a time to consider the value of the site without the continued use of the stadium by the Angels. Mayor Tait asked for clarification of both assumptions, with Mr. Lowe responding one assumption was if the Angels opted out of the lease and the land was free and clear of any encumbrances — what would be the highest and best market value at that time. The other assumption was that the parties would enter into a new lease but that the conditions which carried over from the existing lease could have changed, and that was something his firm was examining in the context of the highest and best use. He added there were a number of views and perspectives the city could take but the most central to the City Council's question is what was the market value of the property (that is the development rights portion of the property) if the stadium continued to be in use and baseball continued to be played at Angel Stadium. Mayor Tait asked if the value would be much different than a market value of the land encumbered; Mr. Lowe responded that there would be some differences, but there were many things about the site from a development standpoint which were known and come from the Platinum Triangle Specific Plan and community facilities district work that had already been done. He anticipated that in general the development of that site would include residential or commercial development that might increase in value because of the rising residential values right now. He added his firm would lay a basis for what they think the 2019 market condition would look like and with such a large property, would have to consider the build -out of the tract over a longer period of time and the market condition would go into the next decade. Mayor Tait asked if the property was put on the open market, unencumbered with and without a lease, would Mr. Lowe be able to provide that kind of number with Mr. Lowe responding in the affirmative. He added that one of the challenges from the development and evaluation standpoint was making sure his firm thought appropriately about and analyzed carefully the time and the cost associated with converting the parking field into structured parking which then gave rise to development sites being available; that would be with the lease but with the ballpark still having initially at least the right to the parking spaces that it needed to operate appropriately. Mayor Tait emphasized that one scenario might be no ballpark there at all with Mr. Lowe remarking that was clearly the second scenario. Mayor Tait requested at a prior meeting a valuation on what the property was worth to replace, essentially what the valuation was for 150 acres with a stadium, its replacement value, and what it would take to build one. Mr. Lowe indicated he understood the request and had the opportunity before drafting the proposed scope to see some of the council meetings and hear some of the questions raised. Right now, he explained, Warzonof was starting with the two basic premises and if there was additional work needed, that could be tackled next. He added the cost of a new ball park was an important question and a cost estimator would be able to help validate City Council Minutes of February 4, 2014 Page 9 of 27 those numbers. Mayor Tait responded the answer to that question would help determine what the value of the property was to a baseball team if they were to go elsewhere and was something he would like to add to the scope of work, indicating he would move to add that task later. Mayor Pro Tern Murray asked when the value of the land without the stadium was determined, would Mr. Lowe be able to include the cost to demolish the existing 50 -year old stadium and what revenue sources could be available for the city to pay for that cost. Mr. Lowe replied the scope of the real estate appraisal would consider and include the cost of the value net of the cost of demolition. He added, however, his firm had no expertise to comment on how that demolition could be funded by the city. Ms. Murray then asked staff to please include for the City Council as well as the taxpayers, the full cost of readying the site for commercial marketplace and how that cost would be funded. Mayor Tait suggested that cost could be paid for out of the proceeds of the sale of the 150 acres and would incorporate that into his motion. MOTION: Mayor Tait then moved to direct staff to bring back a contract amendment authorizing the appraiser to move forward on additional scope of work to encompass a replacement value of the stadium and to include Mayor Pro Tern Murray's request for demolition value, seconded by Council Member Kring. Roll Call Vote: Ayes — 5: (Mayor Tait and Council Members: Brandman, Eastman, Kring and Murray.) Noes — 0. Motion Carried. 18. Discussion and action on: RESOLUTION NO. 2014 -017 A RESOLUTION OF THE CITY COUNCIL OF E127 THE CITY OF ANAHEIM, CALIFORNIA, calling and giving notice of the holding of a General Municipal Election on Tuesday November 4, 2014; ordering the submission of proposed amendments to the City Charter to the qualified electors of said City at said General Municipal Election (Measure No. — Require Council Members be residents of and elected by districts); requesting the Board of Supervisors of the County of Orange to consolidate a General Municipal Election to be held on November 4, 2014 with the Statewide General Election to be held on that date pursuant to Section 10403 of the Elections Code; authorizing identified members of the City Council to author and file written arguments in favor of the aforementioned charter amendment measure and establishing priorities for filing written arguments; providing for the filing of rebuttal arguments regarding the aforementioned charter amendment measure; and directing the City Attorney to prepare an impartial analysis of the charter amendment measure. RESOLUTION NO. 2014 -018 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, repealing City Council Resolution No. 2013 -109; calling and giving notice of the holding of a General Municipal Election on Tuesday November 4, 2014; ordering the submission of proposed City Council Minutes of February 4, 2014 Page 10 of 27 amendments to the City Charter to the qualified electors of said City at said General Municipal Election (Measure No. — Increase City Council Members to six), requesting the Board of Supervisors of the County of Orange to consolidate a General Municipal Election to be held on November 4, 2014 with the Statewide General Election to be held on that date pursuant to Section 10403 of the Elections Code; authorizing members of the City Council to author and file written arguments in favor of or against the aforementioned charter amendment measure and establishing priorities for filing written arguments; providing for the filing of rebuttal arguments regarding the aforementioned charter amendment measure; and directing the City Attorney to prepare an impartial analysis of the charter amendment measure. RESOLUTION NO. 2014 -019 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM repealing City Council Resolution No. 2013 -110, which resolution called a Special Municipal Election on Tuesday June 3, 2014 regarding submission of proposed amendments to the City Charter to require that City Council Members be from residency districts and elected at large. ORDINANCE NO. 6294 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending and restating Chapter 1.25 of the Anaheim Municipal Code to alter the timeline for the establishment and implementation of residency districts and requirement that City Council Members be from residency districts and elected at large. ORDINANCE NO. 6295 (INTRODUCTION) AN UNCODIFIED ORDINANCE OF THE CITY OF ANAHEIM establishing regulations pertaining to the authoring and signing of, delegation of, authority to file, and other matters relating to ballot arguments and rebuttal arguments with regard to charter amendment ballot measures submitted to the voters of Anaheim at the November 4, 2014 General Municipal Election requiring City Council Members (but not the Mayor) be residents of and elected by districts and increasing the number of City Council Members from four to six. City Attorney Michael Houston reported this agenda item contained a number of resolutions and proposed ordinances relating to the resolution of the Moreno litigation and with their adoption, the plaintiffs were required to dismiss their claims against the city within five business days. The first resolution called for an election in November 2014 to place single member district charter amendments to a vote and, he explained, this item included a number of subsidiary actions including: requesting the election be consolidated with the state general election, authorization for specific Council Members that supported single member districts to author ballot arguments in favor of them as well as other restrictions and statements regarding the filing of ballot arguments and setting of priorities. He added as part of the action on the first resolution, Council should identify two or more specific members of council to provide the argument in favor, if those members supported the change to single member districts. City Council Minutes of February 4, 2014 Page 11 of 27 The next resolution called for an election in November of this year to place a charter amendment increasing the size of the City Council from four to six which also contained procedural items including: • consolidation requests with the County of Orange, • a resolution repealing a prior council resolution that called for an election for the June 2014 ballot on charter amendments related to a change to residency districts, • two ordinances for introduction amending Municipal Code Chapter 1.25 relating to residency districts including suspending implementation of residency districts to the 2016 council elections to apply only in the event the single member district charter amendment failed, • the termination of the current mapping process that would have been completed this March and to begin a mapping process after the 2014 election, should single member districts fail, and • an additional ordinance authorizing a specific process for ballot arguments related to single member districts and increasing the size of the council member districts. He emphasized that the recommendations did not prohibit council members from signing arguments in their personal capacities and prevented the use of titles only in signature blocks for these arguments. Mayor Tait asked if the various pieces of legislation could be passed in one motion with Mr. Houston answering in the affirmative, but recommending council discuss which council members should be authorized to sign the ballot arguments in the first resolution relating to single member districts. Mayor Pro Tern Murray asked to speak to the settlement as well as districting. She remarked she had supported settlement of this lawsuit as a means of protecting Anaheim and taxpayers from mounting legal costs, and regardless of her personal opposition to single member districts, she felt it was her duty to protect the city from future litigation and end the mounting legal fees. She added there had not been a delay coming to this settlement decision, as council was working from the start in an attempt to work with the plaintiffs and ACLU on settlement of this case. There were two major points to be understood, she stated, the first was at no time would ACLU or the plaintiffs agree to settlement or terms for settlement by putting this question to Anaheim's voters and were strongly opposed to accepting a ballot measure as a basis for resolution or delay of the lawsuits. Ms. Murray read a September 12 letter from the plaintiffs reiterating this point. She added she had not been interested in settling unless the city and taxpayers were 100 percent protected going forward. She pointed to the city of Whittier, who was sued under the same conditions as Anaheim and who acted quickly to put a ballot measure to the voters, to find they were still burdened with mounting legal costs and time because their plaintiffs refused to settle even though Whittier was moving to put the question of single member districts to the voters. She emphasized that Anaheim's City Council came together unanimously when they were able to insure the protection of the taxpayers and the full dismissal of the case along with the vote of City Council Minutes of February 4, 2014 Page 12 of 27 the people. She added, by Council's actions tonight, the litigation was settled and single member districts would be placed before the voters. Mayor Pro Tern Murray further remarked she had publicly opposed the issue of single member districts and believed the residency district plan would have insured a district based system with neighborhood representation. She felt single member districts went beyond that to the point of actually reducing the level of representation for every resident in the city and that residents had the right to have every council member accountable to them as they determined how the city was governed, services delivered, and determined budgets for the future. Mayor Pro Tern Murray was a supportive of voter engagement and outreach to improve access for all residents and their voices to be heard and she did not support separating the community into wards and using race as the predominant factor in doing that. For those reasons, she would not support a measure that she believed divided Anaheim. Mayor Tait disagreed remarking the litigation went on too long and he believed it would have ended if council had agreed to put district elections on the ballot when he made a motion to do so in August of 2012. He was supportive of single member districts believing it brought government closer to the people and reflected the way the U.S. Senate and Congress operated and made sense for a large city such as Anaheim with a population over 350,000. Council Member Eastman remarked a great deal of information was discussed during closed session related to the litigation and council's goal was to come up with a settlement to ensure residents were able to vote and that it would be recognized by the courts. With respect to single member districts, she was not supportive, feeling that residents should be represented by and responsive to each member of the City Council, not just two. Council Member Kring was also not supportive of single member districts as the voters could only speak to one representative on their issues, pointing out that currently, all five members of the council received the same emails and letters when residents wished to bring something to the attention of the city and all five had the ability to work on that issue and the obligation to be responsive. She also pointed out that it was not a matter of race but of participation to get elected and that the pathway to civic engagement was by getting involved in the community, involved with the non - profits, and knowing what was going on in the city. Discussion continued on whether or not the litigation would have continued if single member districts had been put before the Anaheim electorate 18 months ago. Mayor Pro Tern Murray believed it would have continued just as it continued with Whittier and other cities. Mr. Houston speculated the city would have argued strongly to moot the case, pointing out the rationale for the judge to agree was strong, but the plaintiffs would have fought that argument. Mayor Tait disagreed stating overall, Anaheim would have spent fewer funds in litigation. City Council Minutes of February 4, 2014 Page 13 of 27 MOTION: Mayor Tait moved to approve the following legislation: 1) RESOLUTION NO. 2014 -017 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, calling and giving notice of the holding of a General Municipal Election on Tuesday November 4, 2014; ordering the submission of proposed amendments to the City Charter to the qualified electors of said City at said General Municipal Election (Measure No. — Require Council Members be residents of and elected by districts); requesting the Board of Supervisors of the County of Orange to consolidate a General Municipal Election to be held on November 4, 2014 with the Statewide General Election to be held on that date pursuant to Section 10403 of the Elections Code; authorizing identified members of the City Council to author and file written arguments in favor of the aforementioned charter amendment measure and establishing priorities for filing written arguments; providing for the filing of rebuttal arguments regarding the aforementioned charter amendment measure; and directing the City Attorney to prepare an impartial analysis of the charter amendment measure; 2) RESOLUTION NO. 2014- 018 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, repealing City Council Resolution No. 2013 -109; calling and giving notice of the holding of a General Municipal Election on Tuesday November 4, 2014; ordering the submission of proposed amendments to the City Charter to the qualified electors of said City at said General Municipal Election (Measure No. — Increase City Council Members to six); requesting the Board of Supervisors of the County of Orange to consolidate a General Municipal Election to be held on November 4, 2014 with the Statewide General Election to be held on that date pursuant to Section 10403 of the Elections Code; authorizing members of the City Council to author and file written arguments in favor of or against the aforementioned charter amendment measure and establishing priorities for filing written arguments; providing for the filing of rebuttal arguments regarding the aforementioned charter amendment measure; and directing the City Attorney to prepare an impartial analysis of the charter amendment measure; 3) RESOLUTION NO. 2014 -019 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM repealing City Council Resolution No. 2013 -110, which resolution called a Special Municipal Election on Tuesday June 3, 2014 regarding submission of proposed amendments to the City Charter to require that City Council Members be from residency districts and elected at large; 4) and to introduce ORDINANCE NO. 6294 amending and restating Chapter 1.25 of the Anaheim Municipal Code to alter the timeline for the establishment and implementation of residency districts and requirement that City Council Members be from residency districts and elected at large; and to introduce ORDINANCE NO. 6295 establishing regulations pertaining to the authoring and signing of, delegation of, authority to file, and other matters relating to ballot arguments and rebuttal arguments with regard to charter amendment ballot measures submitted to the voters of Anaheim at the November 4, 2014 General Municipal Election requiring City Council Members (but not the Mayor) be residents of and elected by districts and increasing the number of City Council Members from four to six; seconded by Council Member Brandman. Roll Call Vote: Ayes — 5: (Mayor Tait and Council Members: Brandman, Eastman, Kring and Murray.) Noes — 0. Motion Carried. City Council Minutes of February 4, 2014 Page 14 of 27 PUBLIC HEARINGS: 19. This is a public hearing regarding the proposed financing of costs of certain improvements to the Anaheim Convention Center and refinancing of certain 8130 obligations by the issuance and sale of bonds of the Anaheim Public Financing Authority, and the determination of significant public benefits from the proposed financing, in accordance with the criteria specified in Section 6586 of the California Government Code. City Council granted staff's request to cancel this public hearing as such would be rescheduled and re- noticed to a future meeting date. 20. This is a public hearing to consider resolutions approving General Plan Amendment Nos. 2013 -00488 and 2013 -00489 pertaining to the adoption of the C410 2014 -2021 Housing Element and update to the Land Use Element. MOTION: Find and determine that previously- approved Final Supplemental Environmental Impact Report No. 346 serves as the appropriate environmental documentation for the General Plan Amendment Nos. 2013 -00488 and 2013- 00489. RESOLUTION NO. 2014 -020 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving and adopting General Plan Amendment No. 2013 -00488 pertaining to the Land Use Element. RESOLUTION NO. 2014 -021 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving and adopting General Plan Amendment No. 2013 -00489 pertaining to the adoption of the Housing Element. Sheri Vander Dussen, Planning Director, reported Agenda Item No. 20 would update the Housing Element (HE) of the General Plan (GP) for the 2014 -2021 planning period (which had already received approval from the State) and also included a request for approval of a minor amendment to the General Plan Land Use Element to update two tables identifying Anaheim's projected build -out estimates. She added the Planning Commission had considered both requests and unanimously recommended council approval. Providing background, she remarked the Housing Element was a required component of the city's General Plan, addressed the housing needs of current and future Anaheim residents and was the only General Plan element requiring certification by the State. The document analyzed housing needs while considering available resources and existing constraints and included policies to meet those needs. She added because of recent changes to the law extending the planning period to an eight year cycle, it was required to be adopted by February 12, 2014 or the plan would revert back to a four year cycle and for that reason, it was placed on the February 4 th agenda. City Council Minutes of February 4, 2014 Page 15 of 27 An extensive outreach effort began in September 2012, as public participation was a key part of the update process. In addition to six community workshops held, with notices and materials offered in both English and Spanish, input was also gathered at community events such as the Downtown Farmer's Market, Cinco De Mayor Festival, and the Anaheim Barbeque in West Anaheim. The Planning Department also created a Housing Element web page that included an on -line survey that allowed residents to share their thoughts and ideas on a wide variety of housing - related issues and a link to a YouTube video of one of the Housing Element workshops, allowing interested parties to learn about the Housing Element process if they were unable to attend one of the workshops in person. Finally, input and support was also provided by the Council - appointed, 10- member Housing Element ad hoc committee that met several times over nine months and was tasked with reviewing and providing comments on the entire draft Housing Element. Ms. Vander Dussen noted that immediately following the first round of community workshops, the draft Housing Element preparation began with the primary contents including a housing needs assessment, a review of available resources and existing constraints, a review of the city's performance in meeting the goals of the current Housing Element, and a new policy program that addressed the City's housing needs during the 2014 to 2021 planning period. She explained the State Department of Finance was responsible for projecting statewide housing demands apportioning this demand to each of the state's regions and in cooperation with the various sub - regional councils of governments, eventually allocated the region's projected housing to each jurisdiction, a process called the Regional Housing Needs Assessment (RHNA). Anaheim's RHNA allocation for the 2014 -2021 planning period was 5,702 units, broken down into income categories. Ms. Vander Dussen pointed out that it was important to note that the City was not obligated to build these units between now and 2021, only to demonstrate that the land and policies were in place to allow the private market to develop. She added the city would not be penalized if the number of housing units included in its RHNA allocation were not built although the city must have shown there were an adequate number of potential housing sites to meet the RHNA allocation. Through its review of the Draft Housing Element, the State determined that the City satisfied this requirement, largely as a result of the recently completed Residential Opportunities Overlay Zone program, a program allowing housing development "by- right" on over 200 parcels throughout the City at densities suitable to accommodate both market rate and affordable housing. She further explained that although not required to ensure build out of the entire RHNA allocation, Anaheim was required to provide an estimate as to the number of housing units were anticipated to be built during the planning period, referred to as the "Quantified Objective." This projected construction figure was based on known projects expected to be built during the planning period. She remarked the process also considered the resources the City had available to incentivize development and potential constraints, including the loss of redevelopment funding along with its record of success for the 2006 -2014 planning period, which the city met or exceeded its affordable housing production goals. City Council Minutes of February 4, 2014 Page 16 of 27 Ms. Vander Dussen explained that although the City's housing production efforts were impressive during the last planning period, the demise of redevelopment programs in California significantly reduced Anaheim's ability to assist in the production of affordable housing going forward. However, she pointed out, efforts to seek new alternative funding or financing mechanisms in the absence of redevelopment funding continued. Given the City's limited available financial resources, she noted staff expected that up to 710 affordable housing units could be developed during the 2014 -2021 planning period along with 3,872 market rate units; figures that were projected based on approved projects that were expected to come on line within the planning period. She stressed that should alternative funding sources for affordable housing become available during this planning period, then the actual construction totals within the lower income categories would rise. In addition to housing production goals, the Housing Element's policy program contained several key strategies aimed at ensuring the City was able to address its housing needs. These strategies included: exploring alternative funding sources to support the production of affordable housing in lieu of former redevelopment funding tools; reviewing the City's residential development standards, entitlement processes and fees to ensure their reasonableness and effectiveness in support of future residential development; ensuring that the City's infrastructure planning efforts effectively support future housing growth; and, reviewing the City's emergency shelter zoning standards, adopted in 2012, to ensure they continued to promote the establishment of these uses, including the processing of any necessary zoning code refinements. Following preparation of the draft Housing Element, Ms. Vander Dussen stated the City received three letters from the Kennedy Commission requesting a number of revisions and clarifications to the Draft document and Commission staff was invited to attend the December 5, 2013 Housing Element Ad Hoc Committee meeting to share its comments. At the meeting, Kennedy Commission staff requested that the Housing Element Policy Program be amended to include a commitment to renew Anaheim's Affordable Housing Strategic Plan, the plan aimed at producing new affordable rental and for -sale housing units and rehabilitating existing affordable rental units. As all of the projects developed under the Strategic Plan were funded nearly exclusively by Redevelopment Set Aside funds and since those funds no longer existed, the Strategic Plan was no longer being implemented. The Ad Hoc Committee stated it did not believe it was appropriate to recommend renewal of the Strategic Plan because its primary funding source no longer existed. The Kennedy Commission also discussed its recommendation that the City commit to utilizing the limited funding sources that still existed for affordable housing, including Supplemental Educational Revenue Augmentation Fund, or SERAF, for the production of extremely -low income affordable rental housing. However, she pointed out, the Ad Hoc Committee determined that the allocation of these funds should not be committed to one housing program and that decisions on where to spend these funds in the future should be left to the discretion of the Council when, and if, such funding became available. The Ad Hoc Committee also determined that it would be appropriate for the Kennedy Commission's concerns to be communicated to the Council and took City Council Minutes of February 4, 2014 Page 17 of 27 no action to further amend the Draft Housing Element. She added the Kennedy Commission also attended the January 13, 2014 Planning Commission meeting and made the same requests to the Planning Commission who agreed with the Ad Hoc Committee's comments and recommended City Council approval of the Housing Element Policy Program with no additional modifications. Ms. Vander Dussen added that although the State determined that the Draft Housing Element fully complied with State law, following the January 13 Planning Commission meeting, HCD staff recommended that additional language be added to two of the Element's recommended policies in response to the public comments received. As a result, Policy 1 -A, "Evaluate Alternative Funding and Financing Mechanisms," had been amended to emphasize that the City would continue to explore potential emerging funding sources to assist in the production of affordable housing. In addition, Policy 1- N, "Promoting Availability of Housing Opportunity Sites," had been amended to state that the City would evaluate the effectiveness of the recently- adopted Residential Opportunities Overlay Zone in meeting the housing needs of all income levels. The remaining step necessary to achieve full HCD certification involved City Council review and approval of the requested General Plan Amendments necessary to adopt the 2014- 2021 Housing Element and, Ms. Vander Dussen explained, if Council approved the Draft Housing Element this evening, it would be submitted to HCD before the February 12, 2014, deadline for final certification. Finally, Ms. Vander Dussen pointed out, staff was also recommending Council approve a minor amendment to the General Plan Land Use Element by updating two tables that identify projected Residential and Non - Residential Build -Out Estimates. The build -out estimates included in these tables were based on the number of acres dedicated to each of the City's General Plan land use categories and as changes to the City's Land Use Plan were made through the General Plan Amendment process, these build -out estimates should be revised to reflect any updated land use acreage figures. The recommended changes reflected a house - keeping item that would bring these numbers up to date based upon the City's current land use category acreages. Mayor Tait opened the public hearing for comments. William Fitzgerald, Anaheim HOME, objected to the plan, stating its purpose was to provide subsidized housing to low- income Disney workers while the Disney Corporation made millions because of poorly paid workers. He offered various other allegations related to council's actions. Council Member Eastman, as a point of personal privilege, remarked Mr. Fitzgerald's statements were false and that her son had been working for Disney in the skilled trade's area for 20 years, long before she ever thought of entering politics in Anaheim. Mayor Pro Tern Murray, as a point of personal privilege, remarked that Mr. Fitzgerald regularly used the microphone to make homophobic and racist statements attacking many individuals in the city, including those who sought to serve. His statements were baseless, false, and not worthy of a response. Council Member Kring responded in like comments to the false information provided by the speaker. City Council Minutes of February 4, 2014 Page 18 of 27 Cecil Jordan Corcoran, offered personal comments on his financial status, unrelated to the public hearing matter. The City Attorney, in response to Mayor Tait's question as to whether comments were for general subject matter during this hearing, stated the comments made should be directly relevant to the items agendized for the public hearing and not for general subject matter. Victor Cao, Orange County BIA, remarked the BIA thanked Anaheim for the opportunity to participate in the Housing Element update and hoped to refocus on future housing goals under the City's able leadership. Caesar Covarrubias, Kennedy Commission, remarked this was a great document with policies and programs that would further the city's goals for housing for everyone, asking that the letter the Kennedy Commission submitted become part of the record which stated there were still tools available, such as the Successor Agency with residual receipts and sites or land owned by that agency that could be explored for future affordable housing. With no other remarks offered, Mayor Tait closed the public comment portion of the hearing. Each of the City Council members expressed their thanks and appreciation to staff for their expertise and dedication, to the stakeholders and the Housing Element Committee for their time and effort in coming up with a document that insured citizens and residents had a say in how their housing was determined in the very near future. MOTION: Mayor Pro Tern Eastman moved to find and determine that previously - approved Final Supplemental Environmental Impact Report No. 346 serves as the appropriate environmental documentation for the General Plan Amendment Nos. 2013- 00488 and 2013 - 00489; and to approve RESOLUTION NO. 2014 -020 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving and adopting General Plan Amendment No. 2013 -00488 pertaining to the Land Use Element; and to approve RESOLUTION NO. 2014 -021 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving and adopting General Plan Amendment No. 2013 -00489 pertaining to the adoption of the Housing Element, seconded by Council Member Brandman. Roll Call Vote: Ayes — 5: (Mayor Tait and Council Members: Brandman, Eastman, Kring and Murray.) Noes — 0. Motion Carried. 21. This is a public hearing to discuss, receive and file, and provide direction on the Charter Review Committee's charter recommendations and possible action to M100 place proposed ballot language relating to charter amendment(s) on a future election to be held on June 3, 2014. E127 RESOLUTION NO. 2014 -022 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, ordering the submission of a ballot measure proposing amendments to the City Charter to the electors of said city at City Council Minutes of February 4, 2014 Page 19 of 27 the Special Municipal Election to be held in the City on June 3, 2014 (Measure No. 1- Various City Charter Amendments). RESOLUTION NO. 2014 -023 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, ordering the submission of a ballot measure proposing amendments to the City Charter to the electors of said city at the Special Municipal Election to be held in the City on June 3, 2014 (Measure No. 2 - Change to Term of Office - Mayor). 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 Special Municipal Election to be held in the City on June 3, 2014 (Measure No. 3 - Elimination of Term Limits for Elected City Officials). RESOLUTION NO. 2014 -024 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 Special Municipal Election to be held in the City on June 3, 2014 (Measure No. 4 - Safe and Sane Fireworks). RESOLUTION NO. 2014 -025 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, calling and giving notice of the holding of a Special Municipal Election to be held on Tuesday, June 3, 2014, for certain ballot measures proposing amendments to the City Charter pursuant to Article XIII, Sections 1301 and 1302 of the City Charter and California Elections Code 1415(a)(2)(A). RESOLUTION NO. 2014 -026 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA requesting the Board of Supervisors of the County of Orange to consolidate a Special Municipal Election to be held on June 3, 2014, with the Statewide Primary Election to be held on that date pursuant to Section 10403 of the California Elections Code. RESOLUTION NO. 2014 -027 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, authorizing members of the City Council to author and file written arguments and setting priorities for filing written arguments regarding city measures to be submitted to the electors of the City at the Special Municipal Election to be held in said City on June 3, 2014, and directing the City Attorney to prepare impartial analyses of such measures. RESOLUTION NO. 2014 -028 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, providing for the filing of rebuttal arguments for city measures submitted to the electors of the City at the Special Municipal Election to be held in said City on June 3, 2014. Paul Emery, Assistant City Manager, provided background on the City's 50 year old charter, adopted by the voters in 1964, remarking that it had been reviewed four times with the last review taking place in 1999 and that Council Member Brandman had City Council Minutes of February 4, 2014 Page 20 of 27 requested the city look into a comprehensive review of the document in May 2013. During that month, Council also unanimously approved a resolution creating a seven member charter committee consisting of five City Council appointees and two at large selected by the majority vote of the five appointed members. He recognized those seven members, including the two at large appointees, Todd Ament and Gloria Ma'ae. An extensive outreach began with staff developing a comprehensive plan to make the community aware that the city's main governing document was going to be reviewed using a number of marketing avenues to insure feedback and participation from the community. Mr. Emery then introduced Dr. Raphael Sonensheim, director of the Pat Brown Institute of Public Affairs at CSULA and a consultant who provided qualitative and quantitative information on how charters evolved and what was happening in southern California charter cities. Dr. Sonenshein remarked that all the decisions were made by the committee members themselves and they had deliberated collegially and thoughtfully on every issue and with the greatest respect for each other and for the community. His goal was to help them develop the process by which they would make their decisions and to use the summer to plan and prepare, reviewing the charter document together a section at a time. In addition, by resolution, any suggestion that came from the city council was automatically brought to the table and noted, along with items that came from city departments and items from the community. At that point, a calendar was created for the fall and in this manner, the community would be informed on when topics would be considered. He noted the committee also decided to consider a few team decisions early on and then get into the larger issues and at his request, the committee agreed that all votes until the final vote would be tentative probationary votes. This strategy allowed committee members to change their minds and the opportunity to revisit a decision later on. The tentative votes were taken after debate and deliberation, however, it was a vote that could be changed with the most important vote being the single vote that was binding and required that all committee members would decide if they would support the entire packet of recommendations (even if there were individual items they might not have supported). That, he emphasized, was considered the binding vote which sent those recommendations onto the city council. Looking at other charter cities for comparison, Dr. Sonenshein remarked that some were from Orange County, others from neighboring counties, but each city had at least enough in common with Anaheim that the committee could learn from their experiences, which turned out to be helpful to the committee. He emphasized that the committee followed a set of principles in this process which they could consider as each charter issue was debated. Those principles were as follows: 1) FLEXIBILITY - to find as much flexibility in a charter for those who were elected to represent the people to hold them accountable but also to not bind their hands to make decisions that were visible and accountable to the public; 2) TRANSPARENCY - important to understand what was in the charter in contemporary language that was readable and transparent in its City Council Minutes of February 4, 2014 Page 21 of 27 meaning); 3) EXPERIENCE - the committee relied on the wisdom of city departments and those who had worked in the city family for decades about things that needed to be changed that might seem minor but turned out to be critical to the ability of people who worked for the city to effectively serve and carry out their duties; 4) COMPARISON - to learn what other cities were doing even if it the decision was not to do the same; 5) CONSENSUS - not unanimous but as much as possible to find majority consensus through discussion and debate to come up with a document that could withstand a long period of time; 6) FUTURE ORIENTATION - A charter to be done for decades; for the committee members to consider whether one would make the same recommendations assuming a completely opposite personality was holding office and a good way to reach long -term decisions; 7) CONTINUITY - Anaheim had the benefit of having the charter reviewed enough times by thoughtful people that the committee did not have to start from scratch; and 8) ECONOMY OF WORDS - charters should have shorter, clearer phrasing and be completely understandable to the reader. Todd Ament, Chairman, remarked the members of the community were diverse, worked under the premise of transparency, responsiveness to the community, and healthy debate and discussion of all issues. He added that while there was diversity of opinion among Charter Committee members on individual recommendations, the Committee voted unanimously to transmit the report to the City Council for consideration. He indicated there were 22 proposed charter amendments with a great majority of them cleanup language or gender specific language or to comply with state laws. He began his presentation on the items that were not unanimously approved. CITY COUNCIL TERMS, SECTION 500: On a vote of 6:1, the committee recommended eliminating term limits in the city. He added the majority agreed from a philosophical standpoint, i.e. if someone stayed in office, it should be up to the voters ultimately to make that decision. He added there was much discussion on the council election process, terms of office, and the limitations /challenges of term limits. MAYOR TERM LIMITS, SECTION 504: The committee looked at cities in the region from the very strong Mayor's office to those that were appointed or selected rotationally or by the majority of the council (Anaheim, Orange, Garden Grove, Santa Ana, Irvine and Westminster). In each of those cities, with the exception of Anaheim, he stated the mayors were elected for two year terms. As the first among equals and considering the prestige of the office, it was felt the post should have a higher threshold of responsiveness to voters and that the two -year term increased mayoral accountability by requiring the elected head of the city to face the voters more frequently and enhance accountability by giving council members and other Anaheim citizens more opportunities to run for mayor, therefore, providing voters with more opportunities to choose from competing visions for the city. Ultimately, he explained, it was a 5:2 vote to recommend moving the Mayor's term from four years to two years. COMMITTEEE APPOINTMENT TERMS, SECTION 902: Council Member Gail Eastman requested changing the deadline of June for appointing members to boards and commission as June was the same time frame for council to approve the city's City Council Minutes of February 4, 2014 Page 22 of 27 budget and changing the date would afford each council member more time to review applications and select candidates; that section, he stated, was approved unanimously by the committee. The second element was to consider council members each having an appointee on each board and commission of the city with much dialogue on the pros and cons and various scenarios if a change was to occur and it ultimately failed on a 4:3 vote. There was also a consideration at one point in having each member of the council appoint and then include and at large appointee which also failed on a 4:3 vote. BOARDS AND COMMISSIONS, SECTION 902: Mr. Ament stated a great deal of time was spent on this item as the Charter called out some boards and commissions and not others and the question was should all the boards and commissions be placed in the Charter and/ why should they be placed in the charter. Ultimately the recommendation was to maintain the current recognized boards and commission and to add the Public Utility Board because of the importance of Anaheim's Public Utilities. That vote was 4:2 in favor with most of the dialogue about whether boards should even be in the Charter. FIREWORKS, SECTION 1214: The final item was whether to permit the sale of safe and sane fireworks and it carried over into two meetings with a healthy debate over whether fireworks should even be in the Charter or should be handled in the framework of an ordinance. Ultimately, Mr. Ament stated, the committee agreed it should be within the Charter with a guideline of time, plan, and manner. The recommendation was a 6:1 vote for approval with a memo from the Fire Chief regarding considerations of time, place, and manner so the safety of the citizens were met and there was freedom to have fireworks within the city. Mr. Ament ended his presentation indicating those were the major items of concern and the committee had worked over seven months to bring this recommendation to council as to how the city would be governed in future years. Mr. Emery remarked at this point, staff was looking for direction from council for the next step in the process and that council had the discretion to accept, amend, delete or add additional charter amendments on the upcoming ballot. He added staff recommended that a good majority of the amendments, approximately 19 of them, could be placed in one item relating to clean -up language with the remaining items placed on the ballot as separate measures as outlined for council's consideration. Draft language for the measures was provided as well, which could also be changed, updated or modified. He indicated there was one more meeting in February before these items were due to the Registrar of Voters, however, staff requested that a number of these resolutions be acted upon today. Mayor Tait opened the public hearing. William Fitzgerald, Anaheim HOME, stated this process would put confusing and misworded measures on the ballot that would change the Charter and mislead the City Council Minutes of February 4, 2014 Page 23 of 27 voting public and allow Disney to continue to control city government. He offered a number of other allegations specific to current and former elected officials. Cecil Jordan Corcoran, resident, offered his personal experiences relating to his religious calling and unrelated to the public hearing regarding charter review recommendations. With no other comments offered, the public hearing was closed. Council Member Kring stated the sale of safe and sane fireworks would be more appropriate as an ordinance rather than a charter amendment. She expressed concern over a two -year mayoral term, and remarked she had not heard of any citizen who had requested term limits be eliminated. Council Member Eastman suggested taking each item one at a time, so there could be a full discussion and a vote before moving onto the next. The mayor concurred. Mayor Tait referring to the single subject rule suggested the measures be considered separately, particularly applicable to the City Treasurer appointment and the utility rate transfer included in Measure 1. Mr. Houston responded the single subject rule referred to state initiatives and the city was not legally required to follow that procedure. He added that staff put together an appropriate and prudent approach to providing single ballot questions on items relating to general governmental process of the city, the modernization of certain provisions in a manner that reflected outdated languages, changes to the city in terms of applicable laws, and to confirm certain standards with state law and local practice. Mayor Pro Tern Murray disagreed with Mayor Tait's suggestion, stating there had been no objection to any of the items in the first measure and that she was prepared to vote on the item now and as presented. MOTION: Mayor Pro Tern Murray moved to approve RESOLUTION NO. 2014 -022 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, ordering the submission of a ballot measure proposing amendments to the City Charter to the electors of said city at the Special Municipal Election to be held in the City on June 3, 2014 (Measure No. 1- Various City Charter Amendments), seconded by Council Member Brandman. DISCUSSION: Mayor Tait remarked that removing the City Treasurer's office away from a Council appointee was a significant change in the Charter, and one that was a real issue during the Orange County bankruptcy and while it might make sense for an individual appointment, he simply wanted the change to be identified as a separate measure. Using that same rationale, he felt the Utility Transfer that was a subject of litigation and involved several millions of dollars should also be considered separately, in the interests of clarity for the voters. Mr. Emery remarked that Section 701 was added provided that Council may by ordinance or resolution delegate to the City Manager its vested power to appoint and remove the City Treasurer. He stated it did not require Council to delete their responsibility, and that it would take affirmative action by the Council to delegate to the City Manager the authority to appoint a City Treasurer. Mayor Tait argued the change might make perfect sense, however, he believed it was a City Council Minutes of February 4, 2014 Page 24 of 27 significant change in the Charter and involved one of Council's four appointees and should be addressed separately by the voters for simplicity and transparency. Mayor Tait then offered an amendment to the motion to separate three items from Measure 1 into separate issues. No second was offered and Mayor Pro Tern Murray called for the question. Roll Call Vote: Ayes — 4: (Mayor Pro Tern Murray and Council Members: Brandman, Eastman, Kring and Murray. Noes — 1: Mayor Tait. Motion Carried. Related to Measure 2, Council Member Kring asked to hear from some of the committee members as to why they wished to change the term of Mayor from four years to two years. Todd Ament, Committee Chair stated the discussion was how this position was more responsive to voters and by changing to two years, the benefits outweighed any challenges and the electorate had an opportunity for a different leader. Council Member Kring asked if that could have been addressed with the tweaking of term limits with Mr. Ament remarking that was taken into consideration, however the majority felt the benefits of reducing that term outweighed the consequences. Council Member Eastman concurred, stating that practice appeared to work well in other Orange County cities, would create more transparency, and would offer another opportunity for the voters to weigh in, and whether or not there were district elections implemented, everyone would have an opportunity to vote for the Mayor. Mayor Tait remarked that if it made more sense for a two year term for the Mayor, then that same rationale should apply for Council Members as well. He added that the Mayor's term was voted on and changed from two years to four in 1991 and overwhelmingly passed. However, he remarked, if the people of Anaheim decided to change the term to two years, he would not stand in the way, although he was personally opposed to the idea. MOTION: Council Member Brandman moved to approve RESOLUTION NO. 2014- 023 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, ordering the submission of a ballot measure proposing amendments to the City Charter to the electors of said city at the Special Municipal Election to be held in the City on June 3, 2014 (Measure No. 2 - Change to Term of Office - Mayor), seconded by Council Member Kring. Roll Call Vote: Ayes — 5: (Mayor Tait and Council Members: Brandman, Eastman, Kring and Murray.) Noes — 0. Motion Approved. Related to Measure 3: Council Member Kring would have preferred to modify term limits rather than eliminate them altogether, especially as she had no sense that the community wanted or was in favor of this. Council Member Brandman indicated he had looked at the past vote on term limits and was aware that it overwhelmingly passed and did not feel the timing was appropriate now with district elections being considered. His preference was to return in 2016 and bring this up for consideration again; Council Member Eastman concurred. Keith Olesen, Charter Review Committee Member, urged Council to not make decisions based on the fact the committee was recommending them. The point of the process, after a thorough review of the Charter, was to present information to the City Council and that it was ultimately up to them to make the final choices. He added in his opinion he would have listed every item as a separate issue on the ballot because everything that affected how he was allowed to vote or elect people to government was significant. City Council Minutes of February 4, 2014 Page 25 of 27 Mr. Dunn, Charter Committee Member, emphasized that each issue was thoroughly debated in the last seven months and the thought processes and discussions were important to the decisions reached. He urged Council and the community to review those meetings which were available on the city's website and determine why votes were 6:1 or 4:3, before making their final determinations. Mayor Pro Tern Murray remarked she was prepared, reviewed materials, and talked to stakeholders before making an informed decision on any matter and encouraged the community to view the Charter Committee meetings which were available 24/7 on the city's website or via the Anaheim library. She remarked that Dr. Sonenshein put in place a process that ensured a fair and thorough discussion on each and every issue and that the initial votes were tentative to allow for more discourse and public input before the final vote was taken. She added the changes recommended should stand the test of time for decades and should be considered taking the current elected officials out of the equation and the final document would be amended to keep pace as the city and region grew and demographics changed. She also felt the issue of term limits should be tabled for discussion by a future council; Mayor Tait concurred. MOTION: Mayor Tait moved to deny the 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 Special Municipal Election to be held in the City on June 3, 2014 (Measure No. 3 - Elimination of Term Limits for Elected City Officials), seconded by Mayor Pro Tern Murray. Roll Call Vote: Ayes — 5: (Mayor Tait and Council Members: Brandman, Eastman, Kring and Murray.) Noes — 0. Measure 3 was denied and not submitted for the special election of June 3, 2014. Related to Measure 4: Council Member Kring stated the Charter dictated how the city of Anaheim was governed and fireworks were more appropriately addressed through an ordinance, rather than a charter amendment, adding that she did support the sale of safe and sane fireworks. Mr. Houston responded this amendment was a partial repeal of the voter approved ordinance of 1986 with respect to safe and sane fireworks and conferred to the City Council the ability to regulate and organize the use and the manufacture and sale of safe and sane fireworks. It could be done in a separate stand- alone measure if Council did not think it belonged in the Charter, but the recommendation was to confer to the Council the maximum authority to both permit and regulate safe and sane firework use in the city by putting it into the Charter. Discussion continued on the clear meaning of the measure with Council Member Kring and Council Member Eastman concurring in that it gave the ability of Council to keep more control on the process than previously allowed. MOTION: Council Member Eastman moved to approve RESOLUTION NO 2014 -024 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 Special Municipal Election to be held in the City on June 3, 2014 (Measure No. 4 - Safe and Sane Fireworks); seconded by Council Member Brandman. City Council Minutes of February 4, 2014 Page 26 of 27 Roll Call Vote: Ayes — 5: (Mayor Tait and Council Members: Brandman, Eastman, Kring and Murray.) Noes — 0. Motion Carried. The City Clerk indicated the remaining resolutions were procedural in nature and Council could adopt the resolutions with one vote as they were calling the election, requesting that the election be consolidated with the statewide primary as well as directing the City Attorney to draft impartial analyses, authorizing arguments, and setting priorities and authorizing rebuttals. MOTION: Council Member Kring moved to approve the following resolutions: 1) RESOLUTION NO. 2014 -025 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, calling and giving notice of the holding of a Special Municipal Election to be held on Tuesday, June 3, 2014, for certain ballot measures proposing amendments to the City Charter pursuant to Article XIII, Sections 1301 and 1302 of the City Charter and California Elections Code 1415(a)(2)(A); 2) RESOLUTION NO. 2014 -026 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA requesting the Board of Supervisors of the County of Orange to consolidate a Special Municipal Election to be held on June 3, 2014, with the Statewide Primary Election to be held on that date pursuant to Section 10403 of the California Elections Code. 3) RESOLUTION NO. 2014 -027 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, authorizing members of the City Council to author and file written arguments and setting priorities for filing written arguments regarding city measures to be submitted to the electors of the City at the Special Municipal Election to be held in said City on June 3, 2014, and directing the City Attorney to prepare impartial analyses of such measures. 4) RESOLUTION NO. 2014 -028 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, providing for the filing of rebuttal arguments for city measures submitted to the electors of the City at the Special Municipal Election to be held in said City on June 3, 2014; seconded by Council Member Eastman. ROLL CALL VOTE: Ayes — 5: (Mayor Tait and Council Members: Brandman, Eastman, Kring and Murray.) Noes — 0. Motion Carried. Council Member Brandman, who requested the charter review process, expressed his appreciation to staff, Dr. Sonenshein, and the committee for taking Anaheim's governing document through robust public input and discussion during a seven month long process, presented their final recommendations. Mayor Pro Tem Murray expressed her thanks as well, remarking the recommendations were thoughtful and with purpose. Council Member Kring concurred and urged the residents to educate themselves on the various issues. Council Member Eastman remarked it was the best example of democracy she had seen and Mayor Tait offered his appreciation as well. City Council Minutes of February 4, 2014 Page 27 of 27 REPORT ON CLOSED SESSION ACTIONS None. COUNCIL COMMUNICATIONS: Council Member Brandman spoke of his attendance at the Orange County Black History Parade, announced the 13 MEU 5K Walk/Fun Run on February 15 at Sycamore Park with all proceeds supporting the marines and sailors of the 13 MEU and the families in Camp Pendleton. He then asked citizens to reflect on the Nation's freedoms and liberties this President's Day. Mayor Pro Tern Murray congratulated all those involved in the success of the Black History Parade and announced the following upcoming events: Community Forums on Homeless Outreach on February 5 at Brookhurst Community Center, February 6 at the Canyon Hills Library, February 19 at the Gordon Hoyt Conference Center and February 20 at the Euclid Library; Arts Council General Meeting on February 6 at the downtown community center; the opening of Center Gallery on February 6; and the Orange Symphony Wind Concert on February 9th Council Member Kring spoke of the Gary Sinise Foundation program honoring veteran's and congratulated Chief Quezada and other officers who were sworn in last week. She spoke of her attendance at the Black History Parade and YMCA Film Festival and the extraordinary talent of the students who participated in this event. Council Member Eastman celebrated the grand opening of Access California, offering services of every imaginable kind to refugee and recent immigrant population in Anaheim. She also announced several free tax preparation services available at the Downtown Community Center. Mayor Tait spoke of his attendance at the Black History Parade and announced the 13 MEU 5K Walk/Fun Run on February 15, highlighted February was Make Kindness Contagious Month and requested the meeting adjourn in memory of Milo Levecke. ADJOURNMENT With no other business to conduct, Mayor Tait adjourned the February 4, 2014 meeting at 9:56 PM in memory of Milo Levecke. Re ctfully submitted, Linda N. Andal, CIVIC City Clerk