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04/07/2015ANAHEIM CITY COUNCIL REGULAR AJOURNED MEETING OF APRIL 7, 2015 The regular meeting of April 7, 2015 was called to order at 3:00 P.M. and adjourned to 4:30 P.M. for lack of a quorum. The regular adjourned meeting of April 7, 2015 was called to order at 4:32 P.M. by Mayor Pro Tem Kring in the chambers of Anaheim City Hall, located at 200 S. Anaheim Boulevard. The meeting notice, agenda and related materials were duly posted on April 3, 2015. PRESENT: Mayor Pro Tem Kring and Council Members: Jordan Brandman, Kris Murray and James Vanderbilt. Mayor Tait joined the meeting at 4:33 P.M. STAFF PRESENT: Interim City Manager Paul Emery, City Attorney Michael Houston and Assistant City Clerk Theresa Bass. ADDITIONS /DELETIONS TO CLOSED SESSION: None PUBLIC COMMENTS ON CLOSED SESSION ITEMS: Addressing closed session Item No. 1, William Fitzgerald stated the lawsuit was the result of a violation of the Brown Act by certain members of the City Council related to 155 acres of stadium property /lease and prohibition of a Disneyland admission tax in exchange for luxury Stadium boxes. Mayor Tait pointed out this speaker often used profanity and indecent language while speaking at the podium and while the City requested speakers use decorum and civility, under freedom of speech rights, it could not be enforced. Cecil Jordan Corcoran spoke on matters reflective of his personal beliefs and unrelated to the closed session agenda. Cynthia Ward, addressing Item No. 1 on the closed session agenda, stated CATER had submitted a third amended complaint closing all loopholes which kept the public from accessing information regarding Angels Baseball negotiations and was providing Council with a copy of that amended complaint. She added that the owner of Angel's baseball had indicated he had been negotiating with City representatives dating back to the Pringle era and she wanted those records provided as well. At 4:41 P.M., Mayor Tait recessed for the following closed session matters. CLOSED SESSION: 1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (d)(1) of Section 54956.9 of the California Government Code) Name of Case: Coalition of Anaheim Taxpayers for Economic Responsibility v. City of Anaheim, Orange County Superior Court Case No. 30- 2013 - 00695342 2. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Subdivision (d)(1) of Section 54956.9 of the California Government Code) Name of Case: Sluder v. City of Anaheim et. At., Orange County Superior Court Case No. 30- 2014- 00698557 City Council Minutes of April 7, 2015 Page 2 of 28 At 5:26 P.M., the Anaheim City Council returned from closed session and the agenda was resumed. INVOCATION Nathan Zug, Anaheim Fire and Rescue Chaplain FLAG SALUTE: Council Member James Vanderbilt PRESENTATIONS: Recognizing the Mother Colony Household for their contributions to the Anaheim Public Library Heritage Services Program Stephen Faessel announced the Mother Colony Household had been founded in 1973 and its board members and members had worked hard to preserve Anaheim's history, recently making a significant donation to the Heritage Room. The organization was now sunsetting and he thanked council for recognizing and honoring the contributions made by members of the Mother Colony Household. Recognizing the Canyon High School Boys Varsity Basketball Team for the CIF Division 2AA Championship Mayor Tait remarked the Canyon High School Boys Varsity Basketball Team brought honor and excitement to all as they won over Lawndale 103 to 98 in double overtime. He recognized Principal Kimberly Fricker and Coach Nate Pierson who introduced the team, emphasizing they had won back to back CIF Championships and that this last game would go down as the greatest game in CIF history. ACCEPTANCE OF OTHER RECOGNITIONS (To Be Presented at a Later Date): Proclaiming April 12, 2015, As Walk for Kids Day Noel Burcellis, Orange County Ronald McDonald House, promoted the upcoming Walk for Kids Day, a fundraiser for the McDonald House which offered accommodations to over 2,500 people last year and 750 families. Proclaiming April 12 -18, 2015, as National Volunteer Week Kim Quach, volunteer coordinator for Community Services Department, thanked the city for recognizing National Volunteer Week and giving staff a chance to highlight the volunteers' dedication and the positive impacts they had on the community. She urged the public to look into volunteering at public schools or the City's various programs and libraries and to view anaheimvolunteermatch.org to find the right position for them. Proclaiming April 12 -18, 2015 as National Public Safety Telecommunicators Week John Carter, Anaheim Police Department, spoke to the professionalism that 911 dispatchers displayed to quickly and efficiently send firefighters and police officers to their destination prepared to handle each call. Tracy Nolan and Stephen Craig, Anaheim Fire, remarked dispatchers fielded thousands of calls each year and Anaheim was fortunate to have a dedicated group of professionals serving the city. City Council Minutes of April 7, 2015 Page 3 of 28 Proclaiming April 12 -18, 2015, as National Library Week Audrey Lujan, City Librarian, announced the many activities planned to celebrate National Library Week, inviting the community to attend. Proclaiming April 2015, as the Month of the Military Child Debbie Nichols, Military Children's Collaborative Group, thanked the city for bringing awareness to the sacrifices and contributions made by military children. She announced there would be a ceremony at the Phoenix Club on April 23 honoring children of active duty personnel, veterans and fallen heroes. Proclaiming April 7, 2015, as National Service Recognition Day Nahla Kayali, Access California, thanked the city for recognizing National Service Day. On behalf of AmeriCorp members in Anaheim, he stated there were 11 agencies serving the city, speaking 16 languages and that in 2014, they served over 11,000 unduplicated clients. Most of the members, she noted were refugees and nationally, the terminology was changing from refugees and immigrants to "new Americans." Greg Ericksen, Corporation for National Service, thanked the City Council for the recognition and announced Access California was a unique program in Anaheim as it provides an inclusive approach to Arab and Muslim Americans. Proclaiming April 15 -16, 2015, as National Holocaust Remembrance Days Mike Rubin, speaking on behalf of the Anti - defamation League of Orange County /Long Beach, thanked the city for recognizing Holocaust Remembrance Days and the goals of reflecting on the loss of six million Jews and 12 million victims overall and to remember the lessons learned to not stand idly by for any victims of oppression, bigotry and discrimination. Proclaiming April 9, 2015, as Former Prisoner of War Day Gary Mason, Anaheim Veteran of Foreign Wars, accepted the proclamation on behalf of former prisoners of war captured during combat by enemy forces and the inhumane treatment they suffered. At 7:54 P.M., Mayor Tait called to order the Anaheim Housing Authority (in joint session with the Anaheim City Council). ADDITIONS /DELETIONS TO THE AGENDAS: Staff requested Item No. 11 be removed from the agenda. PUBLIC COMMENTS (all agenda items): Prior to receipt of public comments, a brief decorum statement was provided by Assistant City Clerk, Theresa Bass. Cecil Jordan Corcoran spoke on matters reflective of his spiritual beliefs. William Fitzgerald, addressing Item No. 33, opposed the proposed measure stating its real purpose was to continue a prohibition on an admission tax for Disneyland and that the council member promoting the measure had ties to Disney Corporation. City Council Minutes of April 7, 2015 Page 4 of 28 As a point of personal privilege, Council Member Murray responded to Mr. Fitzgerald's comments, stating he had a history of bullying the women on this Council and there was not one true fact in the statements he had made. Wanda Shaffer, League of Women Voters, remarked that she not only represented North Orange County, but also spoke on behalf of the Central Orange, Orange Coast and Capistrano Bay Leagues of Women Voters. She urged Council to approve Item No. 27, stating on any night in Orange County, 4,300 people were homeless and 1/3 contained households with minors. The League had been following the County's 10 -year plan to end homelessness and recognized the courage and determination it took to implement solutions for this complex issue. She added that year -round emergency shelters and multi - service centers would not only meet critical needs for the most vulnerable individuals and families, they would also address difficult social issues in neighborhoods, local businesses and communities. Kara Sandoval, USC intern social worker offering outreach at La Palma Park, objected to the arrest, harassment and associated property loss to the homeless population in that area caused by Anaheim police officers. She added that arresting and incarcerating the homeless was more costly than finding a solution to the homeless problem and that everyone should be treated with the same dignity and rights. Sam Greek, Martin Commercial group, a property management/real estate brokerage firm, addressed his comments to Item No. 27. He expressed his understanding and agreement that homeless needed to be addressed however was alarmed by the secret nature of the resolution, questioning how the Council could support a site if the location was not being revealed for public discussion. He asked that the resolution be removed from the consent calendar to allow further public comment and separate Council action. He asked that the location of the site be disclosed and environmental review be conducted as to the appropriateness of the site. He asked if the site had sufficient services, public transportation, parks and available health care, as well as what the impacts would be for its surrounding businesses and residents. Dan DeMeyere, resident near the Brookhurst Street Improvement project, requested better lighting in the football field north of his house because of continuous tagging and that the bus stop that was moved to the south side of the intersection be relocated because it was a blind stop causing safety concerns. Allison Davenport, Development Director of Mercy House, addressed Item No. 27. She shared that as operator of the Armory Emergency Shelter program she has seen an unprecedented number of homeless individuals accessed services at that shelter and on any given night, they were at more than 95 percent capacity providing beds for 388 people per night. She indicated this equated to over 2,000 unduplicated individuals, not including the over 500 parents and children who were diverted to alternative family shelters. Mercy House pledged to support Anaheim and its leadership with approval of Item No. 27. Ron Bengochea praised the Parks Department for making the 34 annual baseball tournament sites a showcase for attendees and baseball scouts visiting Anaheim. He offered his support to Item No. 33, if it made it more difficult to impose future taxes that affected the residents of Anaheim. Steve Napolitano, President, Bottle Logic Brewery, explained he was located about one block from the proposed homeless shelter and that in the last year, had to deal with multiple incidents City Council Minutes of April 7, 2015 Page 5 of 28 of aggressive and criminal behavior by homeless individuals living near the brewery. He expressed concern that with the approval of Item No. 27, a homeless shelter near his business would see loiterers increase and further disrupt businesses in the area. Robin Keeble spoke about living homeless and the challenges it posed in addressing everyday normal needs. She supported approval of Item No. 27. Scott Larson, HomeAid Orange County /Orange County Commission on Homelessness, spoke in support of Item No. 27. Mr. Larson remarked when the 10 year plan to end homelessness was developed by the county, one of the key priorities was to replace the two armories in the county with year- round, 24/7 multi - service centers. He commended the Anaheim for their support at both the political and staff level in efforts to find a site. He added that any location would meet with some opposition but that it would take the political will and support of the community to establish such a facility. Tino Suffl, pastor, spoke about the Mayor's goal of kindness and the need to think outside the box. He spoke of his own goals and praised the city's efforts in making the issue of homelessness a priority and its collaborative effort in connecting with faith -based organizations and other non - profits to address the problem. Stephanie Stieler, First Light International Foundation, speaking on Item No. 27 emphasized a multi - service homeless center provided professional help in many service areas using specific agencies and non - profits with the goal of getting individuals off the streets permanently. She spoke in support of the work of Anaheim Police Department and their special training in the area of homelessness. Ralph Winnick addressed Item No. 23, remarking he was in support of creating this parking district on Della -Ord due to a growing problem with spillover parking from Orangewood and Euclid. He requested Council's approval of the parking district. Larry Larsen remarked that an entertainment tax had been proposed by the City Council in the mid -70's that would have included Disneyland, Angels Stadium and three movie theaters in town. Disney objected, Gene Autry threatened to move to Santa Ana and the tax was never enacted. With Disney's stock now booming, and the elimination of the annual pass and higher ticket prices around $100, he was in favor of a one percent gate tax for Disneyland. Bob Cerince thanked Council and staff for their leadership in trying to accomplish something no other city was able to do - establish a shelter and multi - service center for the homeless. He added the Poverty Task Force supported those efforts and encouraged the city to consider all options including a site at Harbor Boulevard and the 91 Freeway, adding that a letter expressing preference for the Harbor site had been sent although he recognized finding the perfect site would be a challenge. He encouraged the city to minimize barriers to access homeless service programs and to consider SP2 zoning for sites under consideration. R. Joshua Collins, Homeless Advocates for Christ, addressed challenges of the homeless in Maxwell Park, the collection of their belongings by the police department and citations being issued. He reported video of police activities was posted on his blog. Patricia Deloera, resident, spoke in support of item No. 27, remarking that the benefits of a 24/7 shelter with its multi - service center could help with housing, job training and job opportunities. City Council Minutes of April 7, 2015 Page 6 of 28 Joyce Little requested assistance in retrieving funds she believed belonged to her. Mayor Tait suggested she speak with staff to see if there was some way the city could be of assistance. Wally Courtney opposed the rehiring of Charles Black to renegotiate the Angels Baseball lease, offering background and negative impacts from the results of his previous contract with the City and supporting the hiring of Anaheim attorney, Wylie Aitken. James Robert Reade addressed Florencia gang activity in Anaheim. Deborah Phares, resident of Harbor Lofts and former Executive Director of OCCCO, expressed her support of Item No. 27 with a brief story stating she appreciated the approach of OCCCO and the Anaheim Poverty Task Force remarking that individuals alone were ill equipped to solve the homeless problem and she believed the multi - service center would help facilitate the participation of faith -based organizations, various non - profits and residents to provide long -term solutions. Nancy, resident, speaking of the deaths of Monique Deckard on March 8 th and Paul Anderson on April 4 urged the city to address city policies related to police involved fatalities and African Americans. Caesar Muro, Santana Street resident, expressed his concern over numerous accidents occurring on Santana Street from East to State College Boulevard, a stretch with no stop signs or speed bumps. Mayor Tait requested staff looking into that concern and report back to Council. Vern Nelson believed the taxpayer protection act was about prohibiting a gate tax on Disney because SOAR advisory board members showed up to speak against it. He spoke about his thoughts on taxes stating he considered this to be a luxury tax, not a regressive tax, and one that could be rebated back to Anaheim residents on their utility bills. Mark Bertheim, Anaheim Poverty Taskforce, addressed Item No. 27 and thanked the city for its leadership in addressing homelessness, stepping in with the county to take a stand and urging the city to stay the course. He added if the site was picked across from the 91 that was more remote and politically acceptable, some degradation of use would happen and all issues such as thresholds for transportation, locale, services and natural habitat would have to be crossed. An unidentified speaker spoke of his dissatisfaction with Mr. Charles Black. He also addressed Item No. 27, remarking he appreciated Council's efforts to address the homeless situation, but felt the most reasonable approach was to have small centers spread throughout the county, rather than one centralized center serving large populations of homeless populations and impacting the nearby community. John Machiaverna, Boys and Girls Club Executive Director, announced if a homeless shelter was located in Anaheim, he committed to have the children of the shelter picked up and brought to the Boys and Girls Club for activities and a hot meal served by Bruno Serato. He supported the multi - service approach and had seen the Boys and Girls Club success with that strategy through their collaborative partners that helped support the organization. Olivia remarked she came to the City Council to bring about change, to address policies related to the deaths of Monique Deckard and Paul Anderson and the taking of belongings of the City Council Minutes of April 7, 2015 Page 7 of 28 homeless in La Palma Park; she asked the city to dialogue with the public and figure out alternatives that could effect change. Kevin Hogan, resident, addressed his comments to Item No. 36, the potential replacement of Charles Black as the city's lead Angels Baseball negotiator. He believed Mr. Black harmed the city's negotiation position by moving the Angels opt -out date from 2016 to 2019 and producing a framework for negotiations that benefited Angels Baseball and left residents with very little. Moving forward he urged hiring a negotiator who would treat Angels Baseball with deference and be mindful of the city's negotiating position and the stadium property. Lou Noble urged support for Item No. 27, stating he hoped the multi - service shelter would be expedited because the need was so great. Richard Ward, resident, supported the replacement of Charles Black as Angels Baseball negotiator stating his actions, which he detailed, caused the team owner to back away from negotiations. He also recommended contracting with Wylie Atkin, in place of Mr. Black. Dr. Patricia Adelekan thanked Council for appointing her to the Heritage and Cultural Commission, remarking she would do her best to be of service to the city. Cynthia Ward, CATER, addressed Angels Baseball negotiations and voiced her opposition to Charles Black stating he materially misrepresented the contents of agreements he was presenting to Council for approval. Regarding the proposed homeless shelter, she supported the site location near her home, because the homeless were at La Palma Park. She added studies showed homeless shelters maintained or improved real estate values in the neighborhoods because individuals go from being homeless on the street into shelters. Sandra Sagert announced Anaheim Beautiful was a volunteer nonprofit organization composed of citizens, businesses and local organizations that were dedicated to encouraging, promoting and preserving beauty in Anaheim. She presented a $500 contribution from Anaheim Beautiful for the proposed La Palma Dog Park monument, a sculpture that would enhance the park and be enjoyed by all. She also announced their 44 annual fundraiser scheduled for June 3rd at the Aster Classics, adding that every penny was used to beautify the city. Greg Diamond, CATER, recommended Council continue Item No. 32, the decommissioning of San Onofre to give it the consideration it required and that Item No. 27 be removed from the consent calendar to allow for further discussion. He offered his viewpoint on Item No. 33 and 34. Donna Acevedo, resident, asked the city to look into the deaths of Monique Deckard and Paul Anderson. She asked if the Public Safety Board would be reviewing the body cameras officers were now using and urged the community to attend the next safety meeting on Thursday at 6 p. M. Larry Slagle recommended approval of Item No. 33, a measure that would bring the city into conformity with state law and a concept that had already been approved and supported by Anaheim voters and stated his opposition to Item No. 35, stating that its approval would stymie any development or growth. Brian Chuchua mentioned the success of the Lion's baseball tournament adding that on the second day of the game, no parking had been posted on La Palma and 80 parking spaces were City Council Minutes of April 7, 2015 Page 8 of 28 lost which made it difficult for attendees. He opposed giving subsidies to auto dealers, and also pointed out Disney paid a gate tax in Orlando, asking why they do not do the same in Anaheim. COUNCIL COMMUNICATIONS: None CITY MANAGER'S UPDATE: None At 7:54 P.M., Mayor Tait recessed the City Council meeting to consider the Anaheim Housing Authority Agenda, reconvening the meeting at 7:55 P.M. CONSENT CALENDAR Mayor Tait pulled Agenda Item No. 20 from the consent calendar for further discussion; Council Member Brandman pulled Item No. 21; Council Member Vanderbilt pulled Item No. 23 and Council Member Murray removed Item No. 27. Mayor Tait indicated he would abstain on Item Nos. 17 and 18 as his firm had worked with Orange County Transportation Authority in the recent past. Mayor Pro Tern Kring then moved to waive reading in full of all ordinances and resolutions and to adopt the balance of the consent calendar as presented, in accordance with reports, certifications and recommendations furnished each city council member and as listed on the consent calendar, seconded by Council Member Murray. ROLL CALL VOTE: AYES — 5: (Mayor Tait and Council Members: Kring, Murray, Brandman and Vanderbilt.) NOES — 0. Motion Carried B105 4. Receive and file minutes of the Housing and Community Development Commission meetings of September 17, 2014 and December 17, 2014, Library Board meeting of January 12, 2015, Cultural and Heritage Commission meeting of January 15, 2015, Community Services Board meeting of February 12, 2015 and Public Utilities Board meeting of February 25, 2015. 5. Approve Proclamations and Certificates of Recognition to be presented at a future Council meeting for Mama Cozza's 50th Anniversary, Patriotic Week, International D116 ME /CFS and Fibromyalgia Awareness Day, National Travel and Tourism Week, Chef's Appreciation Week, Girl Scout Gold Award Recipients, and the Anaheim Public Utilities WaterSmart Landscape Awards. D129 6. Accept the Anaheim Fire & Rescue's 2015 -2020 Strategic Plan and Standards of Cover. 7. Accept the lowest responsive bid of JT Tech Inc., in an amount not to exceed $102,850 D1so including tax, for the purchase of computer networking equipment for the Police Department and authorize the Purchasing Agent to execute the Purchase Order, in accordance with Bid #8426. 8. Award the contract to the lowest responsible bidder, California Professional Engineering, AGR -8776 Inc., in the amount of $297,330.50, for the Safe Routes to Schools Magnolia Avenue and Winston Road Traffic Signal Installation Project and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. 9. Approve a change order to Purchase Order 521 - 371005 with Air New Zealand Limited, D180 in the amount of $162,131, to complete the repairs to Public Utilities' LM5000 combustion turbine generator and increase the not to exceed amount of the repairs to $499,067 and authorize the Purchasing Agent to issue purchase orders for future CTG repairs requested by the Public Utilities General Manager to the lowest responsive City Council Minutes of April 7, 2015 Page 9 of 28 bidder, in amounts not to exceed $500,000 per repair, subject to available budget appropriations. 10. Waive the sealed bid process of Council Policy 4.0 and authorize the Purchasing Agent D180 to utilize the federal General Services Administration contract to purchase a fire apparatus driver training simulation system from FAAC, Inc., in the amount of $318,500 plus applicable taxes, for Anaheim Fire and Rescue. 11. Approve the City of Anaheim joining the League of California Cities. Item No. 11 was removed from agenda at the request of staff. AGR -8777 12. Approve the Acquisition Agreement with Carlos Vila, in the acquisition payment amount of $452,000, for the purchase of real property located at 1246 North Brookhurst Street for the Brookhurst Street Improvement from 1 -5 to SR91 Project (R/W ACQ2013- 00454). AGR -8778 13. Approve the Acquisition Agreement with Alfonso Coronel, Guillermo Coronel and Trinidad Coronel, in the acquisition payment amount of $453,000, for property located at 1176 North Brookhurst Street for the Brookhurst Street Improvement from 1 -5 to SR91 Project (R/W ACQ2013- 00445). 14. Approve and authorize the Public Utilities General Manager, or designee, to execute and AGR 7739.1 take the necessary, required, or advisable actions to implement and administer an agreement, and any related documents, with Borrego Solar Systems, Inc., in the amount of $40,650 per year, for the operation and maintenance of the Solar Energy Plant located at the Anaheim Convention Center for a five year term with a 2.5% price escalator for each optional five one -year renewal terms. 15. Approve the Final Map and Subdivision Agreement with Silveroak Investment AGR 8677.11 Corporation for Tract No. 17700 located at 1619 South Euclid Street for construction of eight single family homes. 16. Approve the Final Map and Subdivision Agreement with Silveroak Investment AGR -8779 Corporation for Tract No. 17701 located at 1807 -1855 West Orange Avenue for construction of 37 detached single family residences. 17. Approve Amendment No. 3 to Cooperative Agreement No. C -9 -0448 with the Orange AGR - 5707.3 County Transportation Authority related to the amended funding plan for the Anaheim Regional Transportation Intermodal Center. Mayor Tait recorded an abstention on this item. Roll Call Vote: AYES — 4: (Mayor Pro Tem Kring and Council Members: Murray, Brandman and Vanderbilt.) NOES — 0. ABSTENTION — 1: Mayor Tait. Motion to approve carried. AGR - 7084.4 18. Approve Amendment No. 4 to Cooperative Agreement No. C -1 -2958 with the Orange County Transportation Authority for the Lakeview Widening Project South of the OC Bridges Grade Separation Project. Mayor Tait recorded an abstention on this item. Roll Call Vote: AYES — 4: (Mayor Pro Tem Kring and Council Members: Murray, Brandman and Vanderbilt.) NOES — 0. ABSTENTION — 1: Mayor Tait. Motion to approve carried. City Council Minutes of April 7, 2015 Page 10 of 28 AGR- 7115.A 19. Approve the Amended and Restated Agreement with Mikyoung Kim Design, LLC, in an amount not to exceed $648,485.78, for the creation, fabrication and installation of Public Art at ARTIC and authorize the Public Works Director to take the necessary actions to implement the agreement. P124 22 RESOLUTION NO. 2015 -139 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM accepting certain deeds conveying to the City of Anaheim certain real properties or interests therein (City Deed Nos. 11825 and 11826). R100 24. RESOLUTION NO. 2015 -141 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM requesting temporary closures to Caltrans 1 -5 offramps for Tinker Bell Half Marathon (May 9, 2015 and May 10, 2015; southbound 1 -5 at Harbor Boulevard; northbound 1 -5 at Harbor Boulevard; southbound 1 -5 at Disney Way). D154 25. RESOLUTION NO. 2015 -142 , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM giving notice of its intention to approve an amendment to the contract between the Board of Administration of the California Public Employees' Retirement System and the City of Anaheim. D154 -3 26. RESOLUTION NO. 2015 -143 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving a Letter of Understanding between the Anaheim Police Association and the City of Anaheim. 28. ORDINANCE NO. 6319 (ADOPTION) AN ORDINANCE OF THE CITY OF C430 ANAHEIM amending Table 20 -D (Development Intensities: Platinum Triangle Mixed Use M142 (PTMU) Overlay Zone) of Section 18.20.040 (Development Districts) of Chapter 18.20 of Title 18 of the Anaheim Municipal Code, Nunc Pro Tunc, to correct errors or omissions in Ordinance No. 6309, previously adopted (Introduced at the Council meeting of March 17, 2015, Item No. 22). 29. ORDINANCE NO. 6320 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM 0280 adding Section 4.04.400 to Chapter 4.04 of Title 4 of the Anaheim Municipal Code relating to the establishment of a Special Sign District for the Anaheim Regional Transportation Intermodal Center (ARTIC) and amending Section 18.14.130 of Chapter 18.14 of Title 18 and Section 4.08.020 of Chapter 4.08 of Title 4 of the Anaheim Municipal Code to be consistent with the addition of said new Section 4.04.400 (Introduced at the Council meeting of March 17, 2015, Item No. 23). 30. ORDINANCE NO 6321 (ADOPTION) AN ORDINANCE OF THE CITY OF M142 ANAHEIM amending Section 1.04.395.040 of Chapter 1.04 of Title 1 of the Anaheim Municipal Code (Exception to Limitations on City Board and Commission Service) and Section 1.04.955.030 of Chapter 1.04 of Title 1 of the Anaheim Municipal Code (Anaheim Sister City Commission - Composition and Appointment of Members) relating to appointments of Educational Sector Voting Stakeholder Members of the Sister City Commission (Introduced at the Council meeting of March 17, 2015, Item No. 24). D114 31. Approve minutes of the Council meeting of March 3, 2015. City Council Minutes of April 7, 2015 Page 11 of 28 END OF CONSENT CALENDAR: 20. Approve an agreement with Topp Strategies, in the amount of $10,000 per month, for Al23 state advocacy services for a term of eighteen (18) months with an option for the City Manager to extend the agreement for three one -year renewals. Mayor Tait requested this item be continued to the next meeting to allow him additional time to study the data, seconded by Council Member Vanderbilt. Roll Call Vote: AYES — 3: (Mayor Tait and Council Members Kring and Vanderbilt). NOES — 1: Council Member Murray. ABSTENTION — 1: Council Member Brandman. Motion carried. 21. Oppose California Senate Bill 355, a bill that would reduce Orange County's voting D116 representation on the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy Board. Greg Garcia, Deputy City Manager, explained Item 21 was for the approval of a letter of opposition to California Senate Bill 355, legislation that would reduce Orange County's voting representation on the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy (RMC board). The RMC board, he stated, was important to regional collaboration on environmental and water quality issues throughout the RMC territory which included water sheds for portions of the lower Santa Ana River and since the creation of the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy in 1999, the County of Orange had been represented on that board by two voting members. Currently the board consisted of a total of 13 voting members with an additional seven ex- officio non - voting members. If enacted, he explained, SB 355 would cut Orange County's voting capacity on the board in half leaving Orange County under - represented at a time when equitable representation on the RMC board was critical especially as Proposition 1 funds began to be distributed. Therefore, staff recommended a letter of opposition to the bill. Council Member Brandman stated he preferred Orange County's representation to remain at two members and since this bill had yet to be heard in its first policy committee, he would like the Council to consider an amendment to allow an additional voting member for the City of Los Angeles and keep Orange County's voting members at two, bringing the total to 14 members, rather than the current 13 (similar to the makeup of the Coastal Commission). He indicated this amendment would give the City a proactive position and would help Orange County allies such as Senator Bates and Senator Mendoza, on the next committee should it pass. Council Member Brandman then moved to amend the letter to support an increase in the number of representatives to 14 board members to reflect an addition of a Los Angeles representative and to return with that letter for consideration (stating if SB 355 was amended, the city would not oppose) on April 21 seconded by Mayor Pro Tem Kring. DISCUSSION: Council Member Vanderbilt requested clarification with Mr. Brandman replying that SB 355, as written, would reduce one member from Orange County and add one from the Los Angeles area. Rather than reducing members, he suggested allowing the addition of an LA area representative so that the total voting members would be 14, rather than the current 13, especially since there was precedent for other commissions and boards having similar representation. Roll Call Vote: AYES — 5: (Mayor Tait and Council Members: Kring, Murray, Brandman and Vanderbilt). NOES — 0. Motion Carried. City Council Minutes of April 7, 2015 Page 12 of 28 23. RESOLUTION NO. 2015 -140 A RESOLUTION OF THE CITY COUNCIL OF THE D175 CITY OF ANAHEIM establishing Permit - Eligible Parking District No. 34 (Della -Ord) and determine the action is exempt from the California Environmental Quality Act (CEQA) pursuant to Regulation No. 15061(b)(3). Council Member Vanderbilt stated he would support this item today as the city had proposed a method to establish parking districts and for neighborhoods to implement a plan of their choosing and this community had used this method to solve their parking problems. He added that after learning more about this process and the increased parking problems in the city, he felt there should be a more comprehensive approach to the parking issue and he would most likely object to future parking permit districts for neighborhoods that had not yet begun this process. Mayor Tait shared the same concerns, adding that he would like staff to look at other methods to address parking concerns, however, on this item he would vote in the affirmative. Mayor Pro Tem Kring remarked that in an abundance of caution she would abstain on this item as she lived around the corner from this area and left the dais at 8:07 P. M. Council Member Vanderbilt moved to approve RESOLUTION NO 2015 -140, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM establishing Permit - Eligible Parking District No. 34 (Della -Ord) and determine the action is exempt from the California Environmental Quality Act (CEQA) pursuant to Regulation No. 15061(b)(3), seconded by Council Member Murray who added her support for other potential alternatives to be brought back to council for consideration in the future. Roll Call Vote: AYES — 4: (Mayor Tait and Council Members: Murray, Brandman and Vanderbilt). NOES — 0. ABSTENTION — 1: Mayor Pro Tem Kring. Motion Carried. Mayor Pro Tem Kring returned to the dais at 8:09 P.M. 27. RESOLUTION NO. 2015 -144 , A RESOLUTION OF THE CITY COUNCIL OF THE D144 CITY OF ANAHEIM offering support for the County of Orange's efforts to develop a year -round homeless emergency shelter and multi - service center for North Orange County. Mayor Tait remarked he would abstain on this item as his firm had worked with the County of Orange in the recent past and left the dais at 8:09 P. M. Kristine Ridge, Interim Assistant City Manager, reported this item was a resolution supporting the efforts by the County of Orange to develop a year -round emergency shelter and multi- service center at an industrial site in the Canyon Business Center at 1000 North Kraemer Place. She noted city efforts were the focus of a workshop held 12 months ago when staff discussed the need for a year -round emergency shelter with a multi - service center as an important goal to reach and that the County of Orange was taking the lead to develop this type of facility as a component of its 10 -Year Plan to End Homelessness. Ms. Ridge remarked the County had recently identified the Kraemer Place site under consideration and looked forward to working collaboratively with the city to reach their goal, requesting a show of formal support from the city. She indicated the resolution recognized the efforts of many at addressing homelessness and also recognized that while the goal was permanent housing, there was also a real need for a year -round shelter. The resolution also City Council Minutes of April 7, 2015 Page 13 of 28 identified the County as the regional agency with a plan for development of such a facility and identified city support for the site being considered as well as support for consideration of any zoning change and funding assistance, subject to future approval, along with coordination of local existing services to ensure the successful operation of the center. She introduced Karen Roper, Orange County Commission to End Homelessness, who was an integral part of the team, indicating she and Ms. Roper were available for questions. Council Member Murray thanked staff and Orange County leaders who worked with the city for several years analyzing options to move forward with a full - service homeless shelter that had a full range of social services available. This site was a viable option for North Orange County where there were significant homeless populations in Anaheim, Orange, Placentia, Yorba Linda and Fullerton and would serve all those cities. She added Fullerton officials spoke in support of this effort at the OC Board of Supervisors meeting, and discussions about splitting the costs to fill in any gaps were being considered, an effort she would support to insure the success of this center. For those that objected, she pointed out that reaching this point had not come easily as she had worked with Karen Roper on a homeless task force more than ten years ago. She noted the city's efforts in developing programs with CityNet, Mercy House and Illumination Foundation, as well as, partnering with the county in the absence of a shelter were a source of pride and moved to approve RESOLUTION NO. 2015 -144, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM offering support for the County of Orange's efforts to develop a year -round homeless emergency shelter and multi - service center for North Orange County. DISCUSSION; Mayor Pro Tern Kring fully supported this facility, remarking the Kraemer site was the best option for location of the shelter with the goal of getting people off the street. Roll call vote: AYES — 4: (Mayor Pro Tern Kring and Council Members: Murray, Brandman and Vanderbilt.) NOES — 0. ABSTENTION — 1: Mayor Tait. Motion Carried. At 8:19 P.M., Mayor Tait returned to the dais and the agenda was resumed. 32. RESOLUTION NO. 2015 -145 A RESOLUTION OF THE CITY COUNCIL OF THE AGR- 1694.11 CITY OF ANAHEIM authorizing the commencement of decommissioning of Units 2 and 3 of the San Onofre Nuclear Generating Station effective June 7, 2013 Approve the SONGS Decommissioning Agreement (Decommissioning Agreement) among Southern California Edison, San Diego Gas & Electric, the City of Riverside, and the City of Anaheim (Anaheim) (collectively Co- Participants), which is in substantially final form, the final form of which shall be conclusively evidenced by the execution and delivery thereof by the Co- Participants; authorize and direct the Public Utilities General Manager (GM), or designees, to execute the Decommissioning Agreement, with any additions, revisions, or amendments thereto that are in substantial conformance with the Decommissioning Agreement as determined by the City Attorney's Office, and any other related documents including, but not limited to, documents, notices, consents, disclosures, reports, certificates, plans, and compliance submittals and for the GM or designees and other Anaheim staff to take any and all actions as envisioned in the Decommissioning Agreement that are necessary, required, or advisable to implement and administer the Decommissioning Agreement or otherwise participate in SONGS decommissioning activities and undertakings; and authorize the Public Utilities City Council Minutes of April 7, 2015 Page 14 of 28 Department to utilize, on an interim basis, proceeds from the Revolving Credit Agreement (Line of Credit) between Anaheim and Wells Fargo Bank, National Association, for periodic draws through the term of the Line of Credit up to a maximum cumulative not -to- exceed amount of $20 million for the purpose of providing an interim funding mechanism, if needed, for paying decommissioning cost and expense invoices until decommissioning funds are released from the Decommissioning Trust Fund. Mayor Tait indicated he had a potential conflict of interest on this matter as his firm had worked with SCE in the recent past and left the dais at 8:20 P. M. Dukku Lee, Public Utilities General Manager, reported in 1968, the SONGS project began construction with Units 2 and 3 beginning operation in 1983 and 1984, the period of time in which Anaheim became involved. The site was leased from the U.S. Navy and after all decommissioning activities took place, it would be returned to the Navy. As of 2005, he stated, the co- participants included Southern California Edison (SCE), San Diego Gas & Electric, the City of Anaheim and the City of Riverside; Anaheim's participation was 3.16 percent with about 70 megawatts or 12 percent of the City's peak demand. In 2003, SCE indicated the steam generators for Units 2 and 3 needed replacement at an estimated cost of $785 million, of which the City of Anaheim's portion would be 3.16 percent of that amount. At that time his predecessors took a look at whether that was the right course to take given the expense of the replacement, other competing interests, the need to address the state's interest in more renewable energy and the fact that Anaheim needed more peaking capacity or the ability to flexibly meet the demand (which was why plans for the Canyon Power Plant were developed). That year, he remarked, the city council approved the transfer of Anaheim's 3.16 percent ownership to SCE and in 2006 stepped away from the project. In 2011, the steam generators developed problems and ultimately were shut down in 2013 which meant Anaheim's early exit had some financial benefit to the city. Mr. Lee stated the US Nuclear Regulatory Commission who handled all the safety issues associated with nuclear matter required the city to set up a decommissioning trust fund at the beginning of its participation which meant the City was now fully funded for its portion of the decommissioning liability. Other agencies involved included the California Coastal Commission responsible for the environmental mitigation measures including marine mitigation; and the California Public Utilities Commission (CPUC) that managed the obligations of San Diego, SCE and the respective councils for Anaheim and Riverside. The decommissioning agreement included who did what, what type of activities would take place, what the financial resources were for each entity, as well as legal ramifications. It identified SCE as the decommissioning agent, as they were the operators of San Onofre, and identified responsibilities of the general contractor, audit rights and a dispute process. Mr. Lee indicated the decommissioning scheduled would take 50 to 60 years to complete and identified milestones in the process as follows: in 2019, the spent fuel would be removed to dry cast storage containers, in 2024 the equipment (reactors and the balance of the plant) would be removed; in 2028 the full decommission demolition of all buildings involved would take place with site restoration completed by 2051, including marine mitigation measures. The fuel would be contained on site for a period of time and then transferred to the dry cast storage containers (stainless steel containers inside reinforced concrete structures), a process supervised by the Nuclear Regulatory Commission to ensure safety and in consideration of all potential situations such as seismic activities, lightning storms or tsunamis. Ultimately, he explained, this agreement would be able to transport the spent fuel into a federal repository, should one become available. Currently, he pointed out, the Yucca Mountain site was not open, however the cost associated City Council Minutes of April 7, 2015 Page 15 of 28 with transferring that nuclear material was already considered as part of the decommissioning cost. The overall cost of the project was $4.4 billion, approved by the NRC and with Anaheim's original 3.15 percent participation reduced to 2.5 percent; the city's share of the decommissioning obligation was $110 million. With Anaheim currently funded at $130 million, the department would recommend keeping $20 million for contingency purposes. Mr. Lee emphasized when the city avoided investment in the steam generators in 2005, $25 million in capital costs were avoided along with a savings of $134 million for the continued operation and maintenance between years 2007 and 2012. In addition, because of the reduced decommissioning obligation reduction in Anaheim's percentage participation because the longer the plan ran, the lesser the participation value was, another $29 million was saved resulting in a total savings of $188 million, all as a result of leaving early. Mr. Lee ended his presentation recommending approval of the decommissioning agreement, accessing the decommissioning trust fund of $130 million and recommending using the city's $100 million line of credit for liquidity purposes with $20 million dollars allocated for payment of expenses as they came up, giving the city more flexibility and allowing for quick turnover of invoices and corresponding payments. Council Member Vanderbilt inquired at what point in time would the total project costs be known which would allow the contingency dollars to be freed up for other uses. Mr. Lee replied that staff recommended the contingency fund remain in place until they were certain that all environmental issues had been addressed, all decommissioning activities were fully completed, and site restoration ended as well, at the very least a time period of 30 years. He added that the funds would continue to accrue interest over that period. Council Member Murray thanked the Public Utilities team, both past and present, for their foresight in a major impact to southern California, the decommissioning of San Onofre. She added this was an issue that took detailed research and analysis and was well thought out with the recommendation taking into consideration local, state and federal regulatory agencies. She was comfortable going toward and moved to approve RESOLUTION NO. 2015-145 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the commencement of decommissioning of Units 2 and 3 of the San Onofre Nuclear Generating Station effective June 7, 2013, seconded by Council Member Brandman. Roll Call Vote: AYES — 4: Mayor Pro Tern Kring and Council Members: Murray, Brandman and Vanderbilt. NOES — 0. ABSTENTION — 1: Mayor Tait. Motion Carried. At 8:32 P.M., Mayor Tait returned to the dais. 33. RESOLUTION NO. 2015 -146 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, calling and giving notice of the holding of a General E127 Municipal Election to be held on Tuesday, November 8, 2016 and ordering the submission of a proposed amendment to the City Charter to the electors of said city at said election (Measure No. _ - Require 2/3 Vote of the City Council to Propose Taxes, aka "The Anaheim Taxpayer Protection Act ") (Continued from the Council meeting of March 3, 2015, Item No. 11). City Council Minutes of April 7, 2015 Page 16 of 28 Council Member Murray requested this measure be considered by council and thanked staff for providing answers to questions that were posed regarding bond rating impacts along with feedback from the city's financial consultants and city staff that enacting this measure would not have an impact to the city's bond ratings. She remarked the charter amendment reflected 30 years of city tax policy when Proposition 62 was passed by 65 percent of Anaheim voters in 1986 to require a 2/3 vote of local governing agencies to pass any new taxes. She emphasized it had nothing to do with a gate or entertainment tax but applied to utility taxes, sales taxes and other types of regressive forms of taxes. She remarked the courts created loopholes because the proposition amended state statute and not the constitution, and charter cities were then exempted from that provision. She thanked the supporters of this amendment that included elected officials from most of the cities in the county who believed this was a common sense conformity measure and the various organizations such as the Orange County Taxpayers Association, Orange County Business Council, Association of California Cities /OC and others who believed this was good public policy. She then moved to approve RESOLUTION NO. 2015-146 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, calling and giving notice of the holding of a General Municipal Election to be held on Tuesday, November 8, 2016 and ordering the submission of a proposed amendment to the City Charter to the electors of said city at said election (Measure No. _ - Require 2/3 Vote of the City Council to Propose Taxes, aka "The Anaheim Taxpayer Protection Act "), seconded by Mayor Pro Tern Kring stating she was supportive of approving this amendment for the protection of taxpayers. DISCUSSION: Mayor Tait remarked it was already difficult to raise taxes in any city and that some types of taxes required a higher threshold than a majority vote to do so. With the election of Anaheim Council Members changing from "at large" to "by district," he was concerned this measure could tie the hands of future City Councils. He added that since 1986 when Prop 62 passed, the city had borrowed significant amounts of money resulting in debt payments of $15 million a year, subsidy incentives had been granted for future hotel transient occupancy tax at $158 million along with a sales tax rebate for the GardenWalk project, and if the city approved a proposed street car, it could amount to a $30 million initial payment plus $4 to $10 million in operating costs. Furthermore, he indicated, at the end of this year the city's unfunded pension liability, in the amount of $500 million, would be reflected on its balance sheet. He was concerned that if optimistic revenue projections did not come through, the city would be faced with tough decisions, and if it took five council members to put a tax on the ballot, the city could be forced to cut services. Mayor Pro Tem Kring commented that Council was elected to make good decisions for the city and she believed protecting the taxpayers with this measure was the right thing to do. Regarding debt obligations, she added, the city had not missed a payment on the $500 million bond obligation that she and Mayor Tait supported in 1996 and because of the success of the beautification of the Resort, the Convention Center expansion opened in 2000. She added the city was well run and all obligations had been met. She further noted if the GardenWalk hotels were never built, the developer would receive no TOT revenues and she would rather have TOT from a four -star hotel at 10 percent versus a three -star hotel at 90 percent. Mayor Tait responded there was nothing in the GardenWalk agreement that required a four -star hotel and the assumption that such a hotel would not impact and decrease the revenues received from other hotels was wrong. City Council Minutes of April 7, 2015 Page 17 of 28 Council Member Murray emphasized this measure was solely about compliance with state law that had been in practice for 30 years for the majority of cities in California with no resulting negative economic impacts. Regarding bond obligations, she pointed out the largest bond financing the city ever undertook, the $500 million Resort improvement bonds, resulted in revenues that allowed the city to survive the worst recession in recent history. She added Anaheim voters had approved Proposition 62 thirty years ago and she felt the voters should have an opportunity to vote again on that topic and close the unintended loophole for charter cities. Council Member Vanderbilt remarked that fundamentally he was in agreement that the city should be in compliance with the voters who approved Proposition 62 in the 80's. He was also aware when voters were asked in 2010 if they wanted state legislators to reduce their voting authority to pass the budget to a simple majority from a 2/3 majority, Anaheim residents voted against the change, although it passed statewide which expressed their reluctance to have less than a majority in place. His real concern was the biased titling of all three measures on the agenda and was in favor of moving this item forward for the voters to decide absent the language of "Anaheim Taxpayer Protection Act ". Council Member Vanderbilt then moved to amend the resolution striking the title, seconded by Council Member Murray. Mr. Vanderbilt added that he would be applying that same request to the other measures on the agenda and for any future measures. Mr. Houston pointed out that in terms of what was presented to the voters in the ballot pamphlet, the measure would read "Require 2/3 vote of the City Council to propose taxes" and the other two measures would have similar unbiased language as required by the courts. The title could be used in in Section 1 of the ballot pamphlet document or in political campaigns but not on the ballot question itself. DISCUSSION: Council Member Murray stated the language came from Howard Jarvis' last major initiative when he led an effort to get this qualified because he felt protections were not in place at a local level; however, she was comfortable striking that title from the resolution as well as Section 1 of the Charter amendment being proposed and not replicated elsewhere. Roll Call Vote: AYES — 3: Mayor Pro Tern Kring and Council Members Murray and Vanderbilt. NOES — 1: Council Member Brandman. ABSTENTION — 1: Mayor Tait. Motion Carried. Council Member Vanderbilt remarked many of the issues discussed would play out in the campaign and he had faith the voters would make a sound decision based on the arguments presented today and in the future and was the reason why he would support approval of this measure. Mayor Pro Tern Kring called for the vote. Mayor Tait inquired if a written opinion, rather than a letter, had been received relating to whether this measure would impact future bond ratings for Anaheim. Paul Emery, Interim City Manager, responded a letter from the city's financial advisory had been received that stated there was no evidence to suggest that this measure would have any impact on bond ratings. Mayor Tait questioned that statement, remarking bond holders would be concerned about a municipality's ability to make payment for the next 30 years and one of the things that affected debt payments was what would happen if the economy dropped putting those bonds at risk and raising taxes was more difficult to do in the future. Mr. Emery responded when Prop 62 passed with this new requirement, it was his understanding that no correlative data that suggested the bond ratings for any of these municipalities was impacted in any way as a result and that a financial advisory could not surmise about the future and only looked at what experience had shown based on when the proposition passed. Mayor Tait stated he read an article in the Los Angeles Times in 1996 that City Council Minutes of April 7, 2015 Page 18 of 28 bond ratings dropped because the threshold to pass a tax was higher and across the board cities bond ratings decreased and that was why he was concerned about the proposed measure. Mr. Emery added that Anaheim had gone through recent bond ratings and its financial economy was strong and 30 years from now, it may be one of the factors taken into account in any bond rating, but there was no correlation to suggest that would be an overriding factor. Mayor Tait suggested that it would be a factor that was considered and added that before this went before the public for a vote, he would like a formal written opinion on that issue. Mayor Tait reiterated there had been a motion by Council Member Murray to approve the amended RESOLUTION NO. 2015 -146 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, calling and giving notice of the holding of a General Municipal Election to be held on Tuesday, November 8, 2016 and ordering the submission of a proposed amendment to the City Charter to the electors of said city at said election (Measure No. _ - Require 2/3 Vote of the City Council to Propose Taxes, seconded by Mayor Pro Tern Kring. Roll Call Vote: AYES — 3: Mayor Pro Tern Kring and Council Members Murray and Vanderbilt. NOES — 2: Mayor Tait and Council Member Brandman. Motion Carried. 34. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, calling and giving notice of the holding of a General Municipal Election to be held on Tuesday, November 8, 2016 and ordering the E127 submission of a proposed amendment to the City Charter to the electors of said city at said election (Measure No. _ - Voter Approval Required for Certain City Actions Regarding Bonds, aka the "Protect Taxpayer From Debt Act "). Mayor Tait requested this measure be placed on the agenda remarking the City Charter stated if the city were to borrow large sums of money in which debt was incurred, such as bonds, that the voters be asked to first approve that borrowing and that it had been included in the charter because there of concerns that one city council could affect future generations by its actions. He added there was a loophole which allowed cities to partner with the Redevelopment Agency and Financing Authority and that new entity could issue debt and did so on numerous occasions in Anaheim, the most recent being a $200 debt for the expansion of the Convention Center. He requested Council place this measure on the ballot to allow the public to weigh in on any future indebtedness and then moved to approve the proposed resolution, seconded by Council Member Vanderbilt. Mayor Pro Tern Kring pointed out there were two types of bonds, a general obligation bond that already required the public's vote and a revenue bond, that had a source of revenue to back those bonds; she emphasized the bonds for the expansion of the Convention Center were revenue bonds, not general obligation bonds. She opposed this measure stating progress would be stopped if all bonds required the public's approval for two reasons: a special election would cost the taxpayers $200,000 and /or a time delay of 18 months up to 2 years to wait for an election could have negative economic impacts. Council Member Vanderbilt moved to strike the language "Protect Taxpayer from Debt Act" from the measure, with Mayor Tait stating he would yield to the request. Mr. Houston emphasized Mayor Tait's motion to approve the item would include the amended language to strike "protect taxpayer from debt act." Council Member Murray requested a staff report to address concerns City Council Minutes of April 7, 2015 Page 19 of 28 raised that there could be consequences to the city's ability to provide services through regular bond financing that had been historically implemented in Anaheim. Kristine Ridge, Interim Assistant City Manager, reported for each of the charter amendments Council was considering, the City Manager's Office conducted an analysis in order to provide information on any potential ramifications from the proposed changes to the City's charter as well as to address specific questions raised. Regarding item 34, "Voter Approval Required for Certain City Actions Regarding Bond ", staff analyzed the implications, if any, to the practical or cost impacts to use various debt financing, along with the impact, if any, to bond ratings. For background information, she explained, the city routinely used bond financing issued by other governmental entities as an efficient and effective means to secure proceeds for capital projects or to retire previous debts should it be financially advantageous. She noted proceeds from past issues provided funding for construction of public facilities, land acquisition, enhanced traffic circulation, sanitary sewer collection and a variety of other public improvements. The practical and cost impacts identified by staff included disparate treatment of business type activities while electric and water issues were excluded; others such as sanitation and utility were not under this measure. She stated other impacts while not clearly understood at this time and included potential financing done for various assessment districts which may be governed under separate state law, or for conduit financing done on behalf of community providers and by the Housing Authority for housing developers. She indicated staff believed the conduit financing on behalf of community providers would most likely not be impacted but that the Housing Authority conduit financing would and could lead to a potential loss of fees for that entity. The greatest cost impact, she explained, was in the area of refunding bonds, the only type of debt the Successor Agency could issue and implemented only if savings would occur. She added that state law currently provided for debt that originally received voter approval such as government obligations bonds to be refunded without voter approval if it would result in financial savings and while this change did not prohibit refunding, it would likely create additional challenges to take advantage of market timing. To provide some perspective, she reported the city produced net present value savings of over $30 million from the last 18 issues refunding outstanding principal balances and for bond ratings, and relied as usual on the input from PFM Asset Management, the city's financial advisor. While the proposed change was not intended to impact current bond holders, PFM believed the two tiered system would cause current investors serious concerns and should there be fiscal problems, it could become an issue that resulted in a downgrade. Council Member Murray requested Finance Director Debbie Moreno to speak to PFM's response, indicating it would be helpful to know if this was a positive step to take from a public policy standpoint. Ms. Moreno responded that PFM indicated that because this proposed measure was unprecedented, there were a number of legal questions regarding how investors would view Anaheim's situation currently and going forward. With this last bond issue, the city was able to achieve savings in both the Convention Center and the term to reduce costs, and as was seen with the original delay with the Convention Center expansion bond issue, the expected cost increased by $10 million in six months. In addition, if delays occurred to get voter approval, it could be problematic and costly, therefore achieving saving /refunds may be difficult, as well with the timing of elections and markets. Ms. Murray asked if the Finance Director would recommend this policy based on the advice received from its financial advisors with Ms. Moreno replying that there were so many unknowns that this did not appear this to be an advisable policy at this point. Council Member Murray remarked for the reasons stated, she City Council Minutes of April 7, 2015 Page 20 of 28 was not prepared to support this measure. Mayor Tait asked Ms. Moreno if based on her own experience would she be favorable should the measure be amended to allow refunding of existing bonds as long as the term length did not increase. Ms. Moreno indicated she would worry about recommending the measure based on the advice of the financial advisors and legal concerns raised. Mayor Tait asked the City Attorney why $200 million of bonds were able to be issued without a vote of the people, as required by the City Charter. Mr. Houston responded this matter was litigated but it occurred because the City Charter applied to the City Council, not a separate governmental entity even when the bonds would benefit the City. Mayor Tait emphasized that with this proposed measure he was simply trying to close a loophole that allowed circumvention of the Charter. Mayor Pro Tern Kring asked if market interest rate timing would be difficult under this measure with Ms. Moreno responding that it could be problematic both with refunding opportunities or new projects. Council Member Vanderbilt inquired whether past refinances were always for the original amount of the loan or a combination of refinancing and new financing, or a greater amount. Ms. Ridge responded in the case of Successor Agencies, refunding would only retire debt. Ms. Moreno added that the last bond issue with the Convention Center was a combination of refunding to achieve savings but also borrowing new monies for a new project. Mayor Tait stated he would amend his motion to approve the measure stipulating it did not apply for refinancing of an existing debt where the duration of the payback was not increased. Mr. Houston remarked for the record, that amendment was part of an earlier draft that had been prepared by the City Attorney's office and staff would not necessarily have to return with that amendment, if Council were to act upon the motion. Mayor Tait then moved to offer that amendment, seconded by Council Member Vanderbilt. DISCUSSION: Mayor Pro Tern Kring remarked the compromise did not go far enough for her and she was concerned that missing an opportunity in the financing market could cost the city millions of dollars, such as the $10 million cost of extending the Convention Center financing that had already occurred. Council Member Murray stated the Mayor had requested an amendment that allowed the refinancing of existing debt without voters as long as the duration was not extended, asking staff if that was viable in financial markets. Ms. Moreno responded there were certain tax considerations that must be considered to be able to extend debt and she had not seen that occur in Anaheim. To the question of whether the Convention Center debt was extended, Ms. Moreno responded that some of it had been paid off earlier. Ms. Moreno was asked to respond to allegations that Council further burdened the debt of the city, and she replied the debt had been either shortened or the same term and there was a new obligation for the expansion. Ms. Murray inquired what would happen with regards to the investor community because the city would have a two - tiered system that was unprecedented with Ms. Moreno remarking Anaheim may not be as competitive. For all those reasons, Council Member Murray reiterated she would not be supportive of this measure. Mayor Tait disagreed stating that it would be fiscally irresponsible to enact the earlier measure requiring a supermajority vote and rejecting this measure because it impacts bondholders by making it easy to borrow and harder to pay it back. Council Member Murray pointed out that over the last 25 years, staff's recommendation had been based on research, analysis and a recommendation based on the best interests of the city and had been shown to be true. Mayor Tait disagreed stating the effects of the GardenWalk subsidy had not yet been seen and he questioned the assumptions on which they had been based. Council Member Murray indicated Mayor Tait was opposed to expanding the Convention Center and using public financing to do City Council Minutes of April 7, 2015 Page 21 of 28 so, but that staff, bond counsel and legal staff had put significant resources in that recommendation and actually reduced debt while creating future revenue opportunities. Ms. Moreno confirmed, upon request, that existing debt was refunded for savings, new money was borrowed for a new project and the annual debt service for both of those combined were at or below existing debt levels for the last ten years. In addition, additional revenue could then be generated off the Convention Center above those debt levels that had been in place for years; the Finance Director stated it was the correct fiscal step to take. Regarding GardenWalk, Ms. Murray explained the $158 million was a cap in the agreement and the City believed the entire project would generate new tax dollars of $84 million over the terms of that agreement and of that total, $255.6 million was expected to be retained by the general fund. In addition, it was estimated that nearly $71 million would be dedicated to accelerating the retirement of existing resort bonds by two years or more which could equal $16 million a year in savings. Another $23 million would be received in sales and property tax from the development of this project and if never built, not $1 would be spent and none of this new money would be generated. She added this was the kind of project that had been supported by previous councils that let to new private investment and new revenue dollars, was based on two economic studies and highly recommended by staff. Mayor Tait disagreed, indicated those numbers could be debated when Item No. 35 was heard. Mayor Pro Tern Kring remarked if the Convention Center did not expand, the city was in jeopardy of losing 99,000 NAMM attendees and 71,000 Natural Products conventioneers along with the millions of dollars they brought in. She called for the question. Mayor Tait had moved to amend the resolution so the measure did not apply to refinancing when the duration of the debt did not increase, seconded by Council Member Vanderbilt. Roll Call Vote: AYES — 2: Mayor Tait and Council Member Vanderbilt. NOES — 3: Mayor Pro Tern Kring and Council Members Murray and Brandman. Motion Failed. Mayor Tait moved to approve A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, calling and giving notice of the holding of a General Municipal Election to be held on Tuesday, November 8, 2016 and ordering the submission of a proposed amendment to the City Charter to the electors of said city at said election (Measure No. _ - Voter Approval Required for Certain City Actions Regarding Bonds, seconded by Council Member Vanderbilt. Roll Call Vote: AYES — 1: Mayor Tait. NOES — 4: Mayor Pro Tern Kring and Council Members Murray, Brandman and Vanderbilt. Motion Failed. 35. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, calling and giving notice of the holding of a General Municipal Election to be held on Tuesday, November 8, 2016 and ordering the E127 submission of a proposed amendment to the City Charter to the electors of said city at said election (Measure No. _ -Voter Approval Required for Waiver, Exemption or Refund of Transient Occupancy Taxes (TOT) As Economic Assistance for Hotel Developments and for Time Extensions under TOT Agreements, aka the "Let The People Vote Amendment "). Mayor Tait reported on the history behind this measure stating Council voted to subsidize the GardenWalk Hotel, a $158 million cap to be paid over 20 years, and that the amount of the check would be equal to the revenue that would have paid in TOT taxes. Earlier, he noted, City Council Minutes of April 7, 2015 Page 22 of 28 Council Member Kring stated it was to be a four -star hotel, with Mayor Tait pointed out that nowhere in the agreement did it say anything about building a four -star hotel. After that vote, he remarked, the court threw out the original vote because proper notice was not given and a revote was taken and the project approved. The public objected and obtained 15,000 signatures on a petition to place the above measure on the ballot, however, 22,000 signatures were actually needed, an error on the part of the city identified a week before their petition was submitted. Mayor Tait indicated the purpose of that petition was to prevent future City Councils from approving transient occupancy tax revenue subsidy to developers in the future, adding that then Mayor Pro Tern Galloway was chair of that signature gathering initiative and latter stripped of her title because of her involvement. This measure, he explained, had the same goal, to ensure no future TOT subsidies were given to developers and earlier comments that stated all hotels received incentives was not true, only two, the GardenWalk hotels and the Doubletree, a Bill O'Connell hotel, received incentives. He disclosed he had voted for the Doubletree subsidy but in retrospect, wished he had not. He believed subsidies actually cost the city lost revenues because a visitor who might have stayed at the Hilton or Marriott would stay at these hotels and cancel out any revenues the city might have made. Mayor Pro Tern Kring offered the following: In July 2008, she opened a business in the GardenWalk area, a time when the GardenWalk hotels were supposed to have been built. In 2007, Bill O'Connell and Jess Patel bought the undeveloped land from the developer who had been paying taxes on a 3 -star hotel site and began paying taxes on a 4 -star site. She added the GardenWalk area had its ups and downs and she hoped it would come back; but recognizing it would never succeed unless the hotels were built. She emphasized those 4 -star hotels were needed as the existing two were not enough and the city was losing high end conventioneers who sought the lifestyle of a luxury hotel. An unintended consequence of the GardenWalk development agreement were the two hotels at the corner of Katella and Harbor, the Resort entrance which should have been 4 -star hotels but were not because Bill O'Connell was getting so much grief over his involvement in the GardenWalk hotels that the owners decided to build 3 -star facilities. She was a proponent of the Mayor's regulatory task force that eliminated as many job - killing regulations as possible and streamlined those that were needed to make Anaheim a place where entrepreneurs could make their dreams come true. Anaheim would be closed for business and no developer would come here if a vote of the people was required if business incentives were needed to spur development. Mayor Tait remarked this measure was simply a way to keep a Council from deciding on a 72- hour notice to subsidize a hotel developer, pointing out that the remainder of Anaheim hotels built in the last two years had accomplished it without incentives. Council Member Murray requested a staff report. Kristine Ridge, Interim Assistant City Manager, reported staff evaluated implications to Anaheim's ongoing economic development plan and impacts, if any, to the growth and preservation of TOT. She added the city had been able to deliver services to neighborhoods largely by generating revenue outside of those neighborhoods; for instance, the Resort area was responsible for generating more than half of the city's tax revenues annually and the citywide TOT produced more than $110 million in revenues. John Woodhead, Community Development Director, reported TOT was the one local revenue under control of the city; property taxes, sales taxes and the distribution of them was administered by the state and the state had not treated the local level well. He added TOT was also a significant resource for the general fund and made possible many types of community City Council Minutes of April 7, 2015 Page 23 of 28 investments and from an economic development standpoint, it was important to figure out ways to grow those revenues. He explained construction was underway for 1,800 3 -star rooms which would generate $990,000 annually in TOT but a 4 -star full service hotel in that same footprint could generate $3.3 million, and with a 20 year subsidy would actually be net neutral to the city. This was true because even if 70 percent of that TOT was rebated, the city would still be receiving $990,000 from that development and at the end of the 20 year period, would reap all the benefits of $3.3 million versus the $990,000 inflated over time. In addition the surrounding 3 -star hotels would see a raise in their average daily rates of $5 to $10 across the board, a situation that was occurring in Los Angeles and experts believed would happen in Anaheim as well. Council Member Murray asked if the City stood behind the assumptions that the GardenWalk hotels would bring $484.5 million in new TOT to the city over the term of the agreement with more than half retained by the general fund. Mr. Woodhead remarked Keyser Marston and PKF had not changed their opinion. Ms. Murray commented it was important to set the record straight on GardenWalk; the original GardenWalk agreement was not approved by Council in 2011, it was approved by Council in 2002 with Mayor Tait's support, a 50 percent split of TOT subsidy. This Council, in 2011, then voted for a 30 percent amendment to that agreement because after 10 years that developer had not been able to find financing at the 50 percent subsidy rate because Garden Grove, Los Angeles, San Diego and other cities were offering more lucrative agreements and Anaheim could not compete. Two years ago, Council Member Murray requested staff bring back a proposal that opened this up to developers based on Mr. Woodhead's comments and that of advisors that a 4 -star market raised the level of hotel rooms offered in Anaheim and as the Convention Center grew and expanded, this 4 -star market place would be a part of that expansion and attract newer, larger and more professionally -based conventioneers that would extend their stay and capture those dollars. She could not support anything that would make Anaheim less competitive than other cities, because that competitive strategy had been in place for decades, had been successful and should be continued. In addition, being the sole city that required a vote before anyone could invest in a 4 -star property in the city, Anaheim would be overlooked each and every time and those investments would be captured by Garden Grove with the same access to Disneyland or to the City of Los Angeles. She added Council had been elected to govern on behalf of the City and to make some of these fiscal decisions that had been used successfully, used locally and nationally and in Anaheim for years. She hoped a 4 -star policy would be created that not only talked about redevelopment but offered similar incentives in terms of expanding or renovating 3 -star properties to a 4 -star caliber. Discussion continued over the merits of the GardenWalk project and the viability of Keyser Marston's report that GardenWalk could generate $484.5 million in new TOT over a 20 year period. Mayor Tait asked if there was any requirement that the GardenWalk hotel be a 4 -star full service facility. Mr. Woodhead remarked there were two monetary requirements to be satisfied, a minimum shell cost and a minimum amount to spend on furniture, fixtures and equipment plus other developer standards that were written into the agreement to produce a 4- star product; the wording itself requiring a 4 -star hotel was not in the agreement. He indicated it was addressed in this manner because there was no true 4- diamond standard rating agency and if the developer built the equivalent of a 4 -star as outlined in the agreement, that would suffice. City Council Minutes of April 7, 2015 Page 24 of 28 Mayor Tait then moved to A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, calling and giving notice of the holding of a General Municipal Election to be held on Tuesday, November 8, 2016 and ordering the submission of a proposed amendment to the City Charter to the electors of said city at said election (Measure No. _ - Voter Approval Required for Waiver, Exemption or Refund of Transient Occupancy Taxes (TOT) As Economic Assistance for Hotel Developments and for Time Extensions under TOT Agreements, seconded by Council Member Vanderbilt. Roll Call Vote: AYES — 2: Mayor Tait and Council Member Vanderbilt. NOES — 3: Mayor Pro Tern Kring and Council Members Murray and Brandman. Motion Failed. 36. Consider, discuss and take action on an Attorney Services Agreement, and a waiver of professional conflicts of interest relating to adverse client interests, with Aitken, Aitken, AGR -8780 Cohn to designate Wylie Aitken as an attorney for the City in connection with Angels negotiations replacing current outside counsel for the City (Charles Black), and authorize the City Attorney to execute and implement said agreement. Mayor Tait requested this item be placed on the agenda as Charles Black was rehired to negotiate for the City for Angels Baseball and the stadium property and he believed the preferred strategy going forward was to contract with Wylie Aitken, one of the top lawyers in southern California, an attorney residing in Anaheim and would look after the interests of the people. Mayor Pro Tern Kring explained her choice would be to approve the attorney service agreement with Wylie Aitken including the waiver of professional conflict and authorizing the city attorney to execute the documents, however she would request striking the words "replacing current outside counsel for the city (Charles Black) ", and have both attorneys on the negotiation team. Mayor Tait stated he did not support the amendment emphasizing that retaining Mr. Black would feel as if the city were going in reverse because Mr. Black's earlier negotiations resulted in a deal that did not benefit the City adding that two lead negotiators would lead to confusion. Ms. Kring responded that Mr. Black's extensive background in sports would be helpful pointing out that Mr. Aitken had indicated he was not opposed to working with Mr. Black. Council Member Murray requested staff's viewpoint on Mayor Pro Tern Kring's amended motion. Mr. Houston responded that as requested by the Mayor, the proposed services agreement with Mr. Aitken was presented to Council for consideration and reflected a request to replace Charles Black with Wylie Aitken. A component of that agreement was a waiver of professional conflict of interest relating to adverse client issues with Mr. Aitken' firm, a waiver that Mr. Houston was comfortable supporting. He indicated that Mr. Black had been retained and re- engaged by the City Attorney and the City Manager to serve as primary legal counsel for the city in negotiations because of his unique and exceptionally qualified professional background and while Mr. Aitken would be an asset to the City with his skills, it was in Mr. Houston's judgment that Mr. Black's skills were needed. Referencing Ms. Kring's amended motion, Council Member Vanderbilt inquired if there was a provision for a lead attorney and a secondary attorney. Mr. Houston responded the terms of their contracts would be identical; they would both be identified as lead negotiator, although as the City Attorney, Mr. Houston was responsible for the provision of all legal services to the city and regardless of who was retained as outside counsel. The City would have a qualified team with both attorneys bringing complementary, but different skills to the table. He believed they City Council Minutes of April 7, 2015 Page 25 of 28 would work in tandem if that was Council's direction and Mr. Houston would ensure Council's directions were followed. Mayor Tait pointed out the components of the earlier negotiations which he did not support and believed were not in the city's best interests, i.e., a three year extension of the opt out clause, giving leverage to Angels Baseball, giving stadium property away for a dollar a year, and dropping Anaheim from the team name. He emphasized if Mr. Aitken needed someone with baseball expertise, he could recommend an attorney with that experience. Council Member Murray responded those MOU's were recommended to Council by the City Attorney and the City Manager and that putting them on Mr. Black was probably not fair. Her point was with Mr. Black on the negotiation team allowing his expertise to remain along with the advice and expertise of a well -known and respected attorney who resided in Anaheim, she believed the amendment as proposed by Mayor Pro Tern Kring offered the best of both worlds and she hoped Council would move forward. Mayor Tait pointed out that he had an objection to working with Charles Black, had expressed that objection to both the City Attorney and the City Manager, and felt it was more appropriate to hire a negotiator who had credibility and was acceptable to all five members of the City Council, which was why he requested the services of Wylie Aitken. Mayor Pro Tern Kring responded that the MOU's were scrapped by the Angels and the city was starting from scratch, except for the extension of the opt -out clause. She felt a team that included Charles Black and Wylie Aitken would see their individual skills and expertise brought to the table and called for the vote on her motion. Council Member Vanderbilt remarked he understood the Mayor's point of view and that tense public conversations had occurred in the past with Mr. Black that set a tone, making it difficult to overcome if he were rehired and questioned whether Mr. Aitken's services would be utilized enough when working in tandem, given Mr. Black's unique expertise. Mr. Houston responded that he would expect to receive direction to use both attorneys to the best of their abilities and was impressed with Mr. Aitken's availability and desire to be of assistance to the city and with Mr. Black's responsiveness to work a detailed and complicated deal; he believed he could manage the expectations of this Council in having that approach work well. Mayor Tait remarked an amendment to his motion had been made by Mayor Pro Tern Kring, seconded by Council Member Murray to hire Wiley Aitken while retaining the services of Charles Black. Roll Call Vote: AYES — 2: Mayor Pro Tern Kring and Council Member Murray. NOES — 3: Mayor Tait and Council Member Brandman and Vanderbilt. Motion Failed. Mayor Tait moved to approve an Attorney Services Agreement, and a waiver of professional conflicts of interest relating to adverse client interests, with Aitken, Aitken, Cohn to designate Wylie Aitken as an attorney for the City in connection with Angels negotiations replacing current outside counsel for the City (Charles Black), and authorize the City Attorney to execute and implement the agreement, seconded by Council Member Brandman: Roll Call Vote: AYES — 5: Mayor Tait and Council Members Kring, Murray, Brandman and Vanderbilt. NOES — 0. Motion Approved. 37. Appoint two representatives to the Sister City Commission to complete unexpired terms aio5 ending June 30, 2015 and June 30, 2017. City Council Minutes of April 7, 2015 Page 26 of 28 Appointment: Christine Locke (June 30, 2015) (unscheduled vacancy of Russell LaHodny) Mayor Pro Tern Kring nominated Christine Locke to the Sister City Commission and with no other nominees offered, Ms. Locke was unanimously appointed. Appointment: Pepe Avila (June 30, 2017) (unscheduled vacancy of Patricia Pina) Mayor Pro Tern Kring nominated Pepe Avila to the Sister City Commission and with no other nominees offered, Mr. Avila was unanimously appointed. 38. RESOLUTION NO. 2015 -147 , A RESOLUTION OF THE CITY COUNCIL OF THE B105 CITY OF ANAHEIM, CALIFORNIA, creating an Advisory Committee on Electoral Districts composed of retired judges, establishing the rules and procedures governing the Committee and establishing a process for the drawing of City Council Districts. Michael Houston reported that at the direction of Council, an amendment to the settlement agreement in the Moreno case was negotiated to allow for an advisory committee to be comprised of a panel of judges who served on the Orange County Superior Court and were residents of Orange County with preference given to judges in the city of Anaheim. Consistent with that amendment, the resolution before Council for consideration, created an advisory commission on electoral districts made up of retired judges. He indicated the Office of the City Attorney conducted a notice, inquiry and outreach process to retired judges who met those criteria assisted by Mr. Aitkin and his daughter, as well as consulting with the attorney for the Moreno plaintiffs on the outreach. This process resulted in the receipt of 14 applications for retired judges expressing their willingness to serve on the committee and of those submitting applications, one was a resident of Anaheim, Retired Court of Appeal Justice Ed Wallin. Mr. Houston indicated the individual names were listed in the staff report as well as their place of residence and while no others resided in Anaheim, there were two former residents who indicated a willingness to serve. He reported that even the judges who could not serve were all interested in this process and the amount of interest coming from the applicants was exceptionally high. He explained the proposed resolution would create a five member committee and this resolution named Justice Edward Wallin to the committee since he was an Anaheim resident. The remaining four seats would be by random draw by the city clerk from the pool of remaining applicants followed by adoption of the resolution. In addition, the possibility that unexpected vacancies could occur was also taken into account and in order to eliminate delay, two replacements would be randomly selected to fill any potential unintended vacancies. Mr. Houston reported committee members would be responsible for the following • For the development of district maps and recommending maps for Council's adoption for the 2016 City Council elections. • To take input from the public and if requested by a Council Member or the City Council during the process, the committee must consider specific matters germane to the districting process such as not limiting itself to focusing on specific lawful districting City Council Minutes of April 7, 2015 Page 27 of 28 criteria. He noted this was similar to the charter review process in the way Council could ask the committee to look at certain things without having them narrow their focus. In an effort to ensure the community had opportunities to provide feedback, the committee was expected to hold an average of two meetings a month. The resolution would require the city to provide its recommendations to the City Council no later than October 6, 2015, consistent with prior direction. Required public notices and agendas would be translated into Section 203 languages as they are commonly known: Spanish, Chinese, Korean, and Vietnamese to facilitate community involvement. If staff's recommendation was accepted, Mr. Houston asked for the following actions: a motion to approve the resolution which would then be followed by the City Clerk conducting a random draw of four committee members, followed by a random draw of two replacements and then a motion requesting Council approve the appointments and replacements as selected. Mayor Tait remarked this committee would draw the lines for the new districts and that the city was seeking the fairest way to accomplish that task and believed using retired judges for the panel was a credible way to address any issue of gerrymandering. He added that originally the idea was to utilize retired judges in Anaheim but found there was only one available and on the advice of staff, the search was widened. He emphasized the key to a credible committee was in having retired judges serve, not whether they lived in Anaheim. With that said, Mayor Tait moved to approve RESOLUTION NO. 2015 -147 , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, creating an Advisory Committee on Electoral Districts composed of retired judges, establishing the rules and procedures governing the Committee and establishing a process for the drawing of City Council Districts, seconded by Mayor Pro Tern Kring. Roll Call Vote: AYES — 5: Mayor Tait and Council Members Kring, Murray, Brandman and Vanderbilt. NOES — 0. Motion Carried. The following names were placed into a glass container as identified by Mr. Houston, Judge James Alfano, Judge David Brickner, Judge Francisco Burcenio, Judge Jonathan Cannon, Judge Franciso Furmat, Judge James jackman, Judge James Grey, Judge Michael Naughton, Judge Louis Rodriguez, Judge Stephen Sundvold,Judge Thomas Thrasher, Justice Jack Trotter, Justice Nancy Wieban Stock. Theresa Bass, Acting City Clerk, randomly drew the following names: 1. Judge Stephen Sundvold 2. Judge Thomas Thrasher 3. Judge James Jackman 4. Justice Nancv Wieben Stock Selection of two "replacements" by random drawing: 1. Judge David Brickner 2. Judge James Alfano City Council Minutes of April 7, 2015 Page 28 of 28 Mayor Pro Tern Kring then moved to approve the appointment of Justice Edward Wallin (Anaheim resident) and the appointments and replacements as selected by the random drawing, seconded by Council Member Brandman. ROLL CALL VOTE: AYES — 5: Mayor Tait and Council Members Kring, Murray, Brandman and Vanderbilt. NOES — 0. Motion Carried. REPORT ON CLOSED SESSION ACTIONS None COUNCIL COMMUNICATIONS Council recessed briefly for technical reasons to allow for the continued recording of the council meeting. Council Member Brandman announced the 9th Annual Health Fair on May 29 - 30, 2015, a three day event this year with free medical, dental and vision services to all participants. He also requested staff agendize a closed session item on April 21 regarding public employee appointment for the City Manager position. Council Member Vanderbilt spoke of the Easter egg hunt by City Church in the La Palma Park area and the opening of the new transitional housing facility for Pathways. Mayor Pro Tern Kring requested the meeting adjourn in memory of Serena Cahue, a student from El Rancho Middle School who passed away. She also requested a proclamation for Paul Andresen for his service with the Anaheim YMCA and requested a letter to be placed on the next agenda opposing SB128. ADJOURNMENT: At 11:22 P.M., the meeting was adjourned in memory of Serena Cahue, student from El Rancho Middle School. Respect mitted, sa Bas , CMC Assistant City Clerk