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COUNTY OF ORANGE WITH THE STATEWIDE PRIMARY ELECTION; APPROVING TITLE OF CHARTER AMENDMENT AND PROPOSED LANGUAGE FOR CONSIDERATION BY VOTERS; AND AUTHORIZE THE FILING OF ARGUMENTS AND REBUTTALS — Clerk of the Council The following spoke on the matter: • Mark Rosen, again expressed strong opposition to action. • Peter Katz, concerned that ward reboundary will happen now now and again after 2020 Census; process inconsistent with the sunshine ordinance. • Irma Macias, reminded elected officials that they need to serve the interest of the community and not political gain. • Joese Hernandez, concerned that mayor has single handedly obstructed the decision of the council. • Carl Benninger, not opposed to District Elections, but would like to review demographic information before deciding on whether to place on the ballot; threat of litigation can wait until November when the cost is reduced; concerned with allegations of hidden agendas. • Ken Nguyen, thanked the council members for supporting the Vietnamese community and district election effort; opined that Vietnamese have been disenfranchised; does not support extension of term limit and demand that the Mayor sign the resolutions to place matters on the June ballot. City Attorney Carvalho, commented on importance of transparency laws; allegations of Brown Act conversations were carried out to identify the subject to which agenda was to be noticed, nonetheless the meeting not held; meeting today called by individual members of the city council; addressed email from Mr. Rosen regarding illegal use of liability fund account - municipal code identified is 1976 provision that is not included in budget City Manager Godinez, noted that the liability account has been used to pay for anything that has been anticipated as liability and capital projects to reduce exposure to liability to the City; the Demand letter provided credible threat of liability and staff determined that funds could be used to cover the costs; if funds were not available then five affirmative votes would be needed to transfer funds. Executive Director of Finance and Management Services, Francisco Gutierrez, noted that staff report recommend use of general fund -fund balance for payment of election costs; but when Demand Letter filed then liability fund the option of liability fund could be used that is consistent with past practice; sufficient funds are available thus appropriation was not needed. City Attorney Carvalho, further commented on allegations of City not complying with California Voter Rights Act; City Council has been discussing ward district elections since December of 2016; City received correspondence in June of 2017 expressing concerns at which time the City hired a demographer; most cities have not fought demand letters; proposed measure asks voters if representatives to be elected by ward(district); ward re -boundary process is separate. SPECIAL CITY COUNCIL MINUTES 3 MARCH 12, 2018