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2012/07/24ANAHEIM CITY COUNCIL SPECIAL MEETING OF JULY 24, 2012 AND REGULAR MEETING OF JULY 24, 2012 The Anaheim City Council Special Meeting of July 24, 2012 was called to order at 2:35 P.M. in the Chambers of Anaheim City Hall located at 200 South Anaheim Boulevard. A copy of the agenda was posted on July 20, 2012 on the kiosk at City Hall. PRESENT: Mayor Tom Tait and Council Members Gail Eastman, Lord Galloway, Kris Murray and Harry Sidhu STAFF PRESENT: City Manager Bob Wingenroth, City Attorney Cristina Talley, and City Clerk Linda Andal ADDITIONS /DELETIONS TO CLOSED SESSION: None PUBLIC COMMENTS ON CLOSED SESSION ITEMS: None Council recessed to closed session for the following item: CLOSED SESSION (SPECIAL MEETING) CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Subdivision (a) of Section 54956.9 of the Government Code) Name of Case: Moreno et al. v. City of Anaheim, Orange County Superior Court Case No. 2012- 00579998 2. CONFERENCE WITH LABOR NEGOTIATORS (Subdivision (a) of Section 54957.6 of the Government Code) Agency designated representative: Kristine Ridge Name of employee organization: Anaheim Fire Association At 4:39 P.M., council returned from closed session to reconvene the special meeting. Mayor Tait then recessed the special meeting due to the noise level, reconvening again at approximately 5:33 P.M. REPORT FROM CLOSED SESSION None At 5:34 P.M., Mayor Tait adjourned the special meeting of July 24, 2011 calling to order the regular meeting of the Anaheim City Council. PRESENT: ABSENT INVOCATION: FLAG SALUTE: Mayor Tait, Council Members: Eastman, Murray, and Sidhu Council Member Galloway Pastor Ed McGlasson, Stadium Vineyard Christian Fellowship Council Member Kris Murray Council Meeting Minutes of July 24, 2012 Page 2 of 18 PRESENTATIONS: Presentation to recognize Anaheim International Dance Festival to be held August 10 -12, 2012 presented by Anaheim Ballet Recognizing Felipe Sepulveda and Mayra Puentes, Magnolia High School graduates, for their outstanding accomplishments Mayor Tait announced both presentations were rescheduled to August 21, 2012. WORKSHOP — ECONOMIC PARTNERSHIPS: John Woodhead, Interim Executive Director of Community Development, began the workshop explaining how tourism played a major role in the economies of California, Orange County and the city of Anaheim. It accounted for $102.3 billion in spending statewide, ranked as the state's largest contributor to the gross state product and as its 4 th largest employer. In Orange County, he reported nearly 43 million visitors spent $7.7 billion in 2011. In 2010, tourism generated $679.3 million in sales tax and $142.6 million in Transient Occupancy Tax or TOT countywide with 160,000 people employed in the tourism industry in Orange County alone. Specific to the Anaheim Resort, he stated, Angel Stadium and Honda Center hosted over 28 million visitors annually, generating over 80 percent of Anaheim's TOT estimated to be $76.8 million in this fiscal year. In addition, TOT generated in the Anaheim Resort accounted for approximately 30 percent of Anaheim's General Fund, and an amount equal to 50 percent of all TOT generated in Anaheim was used to repay obligations for public improvements in the Resort including the Convention Center, leaving approximately $30.5 million annually available for General Fund purposes throughout the city. With so much potential public revenue at stake, he stressed competition for tourism and visitor - generated revenue was aggressive, focused on attracting visitors and keeping and extending the amount of time visitors stayed to increase visitor - spending and visitor - generated revenues. In analyzing Anaheim's goal for visitor - generated revenue, Mr. Woodhead studied southern California competitors concentrating on venues similar to Anaheim; i.e., Los Angeles, Long Beach and San Diego. Anaheim was the only venue with theme parks and a unique sense of place and could boast two sports and entertainment venues. In addition, Anaheim compared favorably with its concert and dining venues and while historically weak with respect to hotel variety, nighttime entertainment and pedestrian walkability, Anaheim and its private partners had made efforts to improve in those areas through the adoption of Anaheim's hotel incentive program, the establishment of downtown Disney and GardenWalk and the development of pedestrian friendly improvements throughout the Anaheim Resort. Mr. Woodhead pointed out Anaheim had a long history of public /private partnerships. The former Redevelopment Agency served as a model example by investing hundreds of millions of dollars in Anaheim Canyon public improvements. That public investment, he explained, set the stage for private investment with resultant lower impact fees offering incentives for private development. Private investment in turn afforded increased redevelopment revenues that the Agency was then able to spend investing in the community and that community investment included funding affordable housing throughout the city and funding more public improvements in downtown Anaheim. He further added this public investment in the downtown had then in turn initiated substantial private investment by CIM, The Lab and Brookfield Homes. He indicated redevelopment never played a role in the development of the Anaheim Resort or the Honda Center. He added redevelopment only played a minor role in changes to Angel Stadium after the Northridge earthquake and the departure of the Rams and in that regard, he emphasized, Anaheim was different from all Southern California competitors, all of whom used redevelopment to assist in the development of their visitor - oriented venues. Council Meeting Minutes of July 24, 2012 Page 3 of 18 RESORT HISTORY: Mr. Woodhead offered background on the formation of the Resort District indicating the Resort and Sports Arena entertainment venues were built through public /private partnerships outside of the redevelopment context, beginning with the opening of Disneyland in 1955. In addition to the numerous privately funded expansions and renovations to Disneyland itself, the greater Disneyland Resort, consisted originally of Disneyland and the Disneyland hotel, underwent a major expansion beginning in the late 1990's with the creation of Disney California Adventure Park, Downtown Disney, Disney's Grand Californian and the acquisition, remodeling and rebranding of the Pan Pacific Hotel as Disney's Paradise Pier Hotel. This year, Mr. Woodhead remarked, brought the opening of Cars Land and the repositioning of portions of Disney's California Adventure and in the not too distant future, it was widely believed the Disneyland Resort would add a third theme park. Looking to augment the family- oriented theme park visitor experience in Anaheim, Mr. Woodhead explained the City opened its first publicly- owned, privately- operated sports and entertainment venue, Angel Stadium in 1966. It was renovated to accommodate the RAMS in 1980 and renovated again in 1996/97 in the wake of the Northridge earthquake and the RAMS departure. This last renovation costing approximately $100 million was financed in part by $10 million in contributions from the City and the Anaheim Redevelopment Agency. The City's first venture in the convention center field began with the opening of the Anaheim Convention Center and Arena in 1967. Thereafter, expansions and renovations in 1974, 1982, 1993 and 2000, the Convention Center now prevailed as the largest convention center on the west coast. The Convention Center continues to expand its visitor base by embarking on the development of the Grand Plaza and contemplation of another expansion to add more meeting space in the future. Anaheim also continued its development of City -owned privately- funded sports and entertainment venues with the opening of the Honda Center, then known as the Arrowhead Pond in 1993. While the city acquired the land on which the Honda Center sat, the original construction was privately funded as was the recently begun construction on Honda Center's Grand Terrace. In an effort to improve the pedestrian experience and generally upgrade public improvements in the Anaheim Resort, the city funded with Anaheim Resort generated tax revenues the construction of major public improvements in the late 1990's into the early 2,000's. Those improvements, Mr. Woodhead informed council, included an upgrade of the streetscape, the 10,000 space parking structure, infrastructure to support future development and the 2000 Anaheim Convention Center expansion. At the same time, the city attempted to create Sportstown, an entertainment lifestyle complex as a public /private partnership but was ultimately limited to constructing an office building and what became the city -owned privately operated City National Grove of Anaheim. Throughout the development of the resort and sports and entertainment venues, he noted, Anaheim and its private sector partners focused on their core missions of attracting visitors and keeping and extending the amount of time visitors stayed in order to increase visitor spending. Along the way, actions were taken to correct apparent deficiencies and in the late 1990's the lack of pedestrian friendly linkages in the Resort was recognized and decisions made for improvements exemplified by ARC, the Anaheim Rapid Connect project now underway. The lack of nighttime- oriented entertainment and dining opportunities was also recognized and actions taken to create Downtown Disney and the city's Sportstown and GardenWalk developments. Mr. Woodhead pointed out Disney also recognized the need for upscale accommodations and responded with the Grand Californian to fill that gap while the city realized Garden Grove's aggressive competition for Anaheim's hotel guests. Council Meeting Minutes of July 24, 2012 Page 4 of 18 With the goal of retaining Anaheim's hold on visitor stays, the City entered into an economic assistance agreement with Doubletree, the only incentivized hotel to be built to date in Anaheim, and a potential second hotel that was never built. The city concluded it should not compete with Garden Grove in the assistance of three star or lesser quality hotels because such assistance was not generally warranted economically in Anaheim and because it already had a number of such hotels situated on class A sites as opposed to Garden Grove's less desirable sites. However, he explained, the lack of upscale hotels was also recognized by the City as an opportunity to capture a share of the then untapped higher -end market in Anaheim, and as an opportunity to address the negative impact from that lack of those type of hotels was having on the Convention Center. The Convention Center was losing to southern California competitors those conventions attended by higher wage earners who preferred to stay in upscale hotels and had more disposable income than typical conventioneers and were more likely to spend more money in Anaheim ultimately resulting in more visitor - generated tax revenue for the city. The City then began attempting to induce upscale hotel development in the early 2000's entering into a hotel incentive program in 2008 and amending agreements originally crafted under the incentive program, first to extend the time for performance due to extenuating economic circumstances and later to more controversially augment the economic assistance granted in those agreements. As a result of those actions, he stated, the city council would face this evening a decision on whether it should place a measure on the November ballot to amend the city's charter to address the assistance of hotel development with transient occupancy tax. Before comparing Anaheim's economic assistance of hotels with that given by other California cities, including Garden Grove, Mr. Woodhead described how hotel policy worked originally in Anaheim. Simply stated, any assistance was predicated upon and limited to the existence of a verified economic feasibility gap, the amount of assistance was limited to 50 percent of TOT generated by that assisted project over a 10 -15 year period and the assistance would be limited to revenues generated by the project and received by the city. If the developer did not perform or if the hotel was never built, no assistance would be available. In comparing hotel assistance among California cities, Mr. Woodhead remarked, it was important to note that the majority of hotel development assisted with public funds occurred in former redevelopment project areas using tools available to redevelopment agencies. Economic assistance included not only the provision of TOT rebates, but also rebates on sales tax and a provision of favorable terms on land acquisition including the provision of land free of cost. Analyzing the various forms of public assistance agreements and policies was complex and comparisons difficult. However, in an attempt to compare apples to apples, he reported an analysis was developed depicting total public sector assistance as a percent of total development costs. That analysis illustrated that the public sector assistance ranged from around 10 percent to as high as nearly 50 percent of development costs. Hotels developed in Garden Grove in the 1990's received assistance from 19 to 34 percent of development costs. Anaheim's assistance ranged from 8 percent of development costs for the Lake Hotel, 16% for the Sheraton, 17% for the Doubletree (the only hotel yet developed with Anaheim Assistance) to 27% for each of the two GardenWalk Hotels. In conclusion, he stated, tourism played a significant role in the economies of California, Orange County and the City of Anaheim and while competition was fierce, a comparison of southern California competitors demonstrated that Anaheim was well positioned to compete. Not only did Anaheim's attributes compare favorably, Anaheim had a unique history of developing resort and sports and entertainment venues through public /private partnerships without the now unavailable tools of redevelopment, a decided advantage over competitors. He added Anaheim Council Meeting Minutes of July 24, 2012 Page 5 of 18 alone among its competitors was uniquely positioned to compete successfully for visitor spending and the collection of visitor - generated tax revenue vital to the city. Council Member Murray asked for clarification regarding public /private investments specifically regarding public investment relating to Anaheim, the city of Garden Grove and also regionally. Mr. Woodhead responded that Garden Grove had thrown free land into deals, TOT incentives, as well as sales tax and property tax incentives. Los Angeles had similar deals and, he remarked, that had been a common practices among competitors up and down the state. When it carne to hotels, Anaheim simply incentivized a certain type of hotel with transient occupancy tax. As far as public /private partnerships, those agreements could take any number of forms. The public sector could provide investment along with private sector investment, a method Anaheim has used. As an example, he added, Anaheim acted as a landlord with some of its sports and entertainment venues and had also made a direct contribution of city and redevelopment agency funding for the second renovation of Angel Stadium. The private sector then operated those venues and in turn provided capital for those venues. Council Member Murray inquired if the public financing component was principally TOT or was it some mix of other funds and did the city of Anaheim have a history of using TOT incentives for those types of large venues that were providing 50 percent plus range of funding levels for the general fund. Mr. Woodhead replied that while Anaheim did not earmark TOT directly for the convention center, Anaheim used other general fund revenues for some of those projects. The Disney Bonds were used to fund the 2000 renovation of the Convention Center and also funded a number of public improvements that changed the streetscape downtown in the Resort and provided the infrastructure for subsequent development. Those revenues, he explained, used to pay those bonds were largely all of the tax revenues generated on Disney -owned properties (sales, property tax, TOT) over and above a 1995 base year as well as 20 percent of the TOT revenue generated in the resort from non - Disney hotels. Council Member Murray emphasized the fact that public /private partnerships were essential to the development of Angel Stadium, Honda Center, the Convention Center and the Resort assets. Council Member Murray further inquired if free land and incentives used by Garden Grove were provided for hotel development in Anaheim with Mr. Woodhead responding in the negative. He added the distinction was that Anaheim's partnerships were outside of any redevelopment project areas and the ability to put free land into a deal was difficult in light of the fact the city had no land to invest and therefore limited assistance to TOT generated from the projects themselves. Council Member Murray stated, as confirmed by Mr. Woodhead, that as a city looking to expand resort and tourism, which was Anaheim's principal source of revenue to the general fund, Anaheim was competing with cities on its border, regionally and nationally that were not just getting TOT and sales tax incentives but were getting free land and a variety of other financial incentives. With no further discussion, Mayor Tait called to order the Anaheim Housing Authority at 6:02 P.M., in joint session with the Anaheim City Council. Council Member Galloway returned to the dais at 6:04 P.M. ADDITIONS /DELETIONS TO THE AGENDAS: Mayor Tait moved to add an agenda item related to recent police activity with the discussion of such item to be held prior to public comments. The Mayor added in light of events this past week, an immediate need existed to place this matter on the agenda as the events occurred after the posting of the agenda. His motion was seconded by Council Member Murray. Roll Call Vote: Ayes — 5: (Mayor Tait and Council Meeting Minutes of July 24, 2012 Page 6 of 18 Council Members: Eastman, Galloway, Murray and Sidhu.) Noes — 0. Motion to add the agenda item approved. ADDED AGENDA ITEM: Request the State Attorney General's office and federal U.S. Attorney's Office for assistance with a full and independent investigation of recent events, above what is already taking place through the District Attorney's office. Mayor Tait explained the job of government was to protect the community at large while ensuring individual rights were also protected and since Saturday, he had expressed his concern regarding those who protested on Saturday and the police who were present to keep the peace. He stated the federal government had agreed to help conduct an impartial, independent investigation of these events, asking residents to be patient as the investigation progressed and the truth was determined. He emphasized his support for Chief John Welter and stressed the need for all to be respectful to officers, firefighters and others who served to protect the public and to continue to work through the Hi Neighbor Program and other city efforts to bring about solutions. To the public, Mayor Tait stated he was committed to keeping the lines of communications open and to keep the process transparent and would seek ways to engage residents for their input on how to keep neighborhoods safe and connected. To his colleagues, he asked for their support of a full investigation of recent events by the Office of the U.S. Attorney which would provide another layer of review above and beyond what had already taken place through the Orange County District Attorney's office. Council Member Galloway seconded that motion, stating she appreciated the Mayor's immediate response noting that a second and third layer of transparency besides the current investigations was good and prudent government. Council Member Eastman reported she had met with community members prior to the first shooting on Saturday and heard many expressions of concern over loss of trust and respect for the police department. She was saddened over events that had taken place this past weekend and agreed with the Mayor's recommendation to contact the U.S. Attorney General and to focus on finding solutions. She listed specific questions raised by the community on the investigative process, pointing out the City Manager had already taken steps prior to this weekend's events, for an independent investigation. Council Member Murray remarked she had also met with community leaders across the city and sought out their advice and counsel. She pledged to be part of a community effort to make changes that impacted the quality of life for all Anaheim residents. Mayor Pro Tern Sidhu added everything would be done to investigate and bring about justice. Roll Call Vote: Ayes — 5: (Mayor Tait and Council Members: Eastman, Galloway, Murray and Sidhu.) Noes — 0. Motion Carried for an independent investigation. PUBLIC COMMENTS (all agenda items, except public hearings): Cecil Corcoran Jordan, Outreach Homeless Ministries, stated he would offer prayers for peace addressing the events which had recently occurred. Seferino Garcia, concurred with the U.S. Attorney General investigation, stating a community police review board with subpoena powers was needed to work with community leaders and stop the violence and outside agitators diverting the real issues. William Fitzgerald, Anaheim Home, strongly supported district elections outlined in Item No. 26, which would provide for Latino representation. Council Meeting Minutes of July 24, 2012 Page 7 of 18 Elaine Procco, resident, remarked that no one factor could effect a positive change unless children raised in distressed areas felt safe and free from harm and families educated their children to respect others. The change, she emphasized, had to come from within families. Richard Olquin, resident, thanked the Mayor and Council for their time and effort put into connecting with the Latino community members and working to find solutions through the police investigation and in focusing on long -term community needs. Benny Diaz, LULAC California Director, urged an investigation into the shootings that occurred over the weekend and the resulting violence on protestors, including women and children. He emphasized community advocates and other leaders believed the Police Department acted without care or desire for public safety, asking for the public to be patient until the investigation was completed and a resolution was received. Kimberly Olson, LULAC counsel, remarked the events which occurred over the weekend was an example of the many incidents occurring across the state in the use of excessive force against Latino citizens. She added it incensed a community already disadvantaged in representation, economic and social opportunities and the disproportionate use of force was not warranted against a group of people with strollers and children. She urged council to take this matter seriously and to make Anaheim a better place for its Latino citizens. Manuel Hernandez, OCCUPY member, remarked the community was asking for prosecution, termination and compensation over the violence which occurred while citizens practiced their constitutional right to protest against an unjustified shooting. He demanded progress from the Mayor and City Council at each meeting, explaining the steps taken to insure justice in the community. An unidentified individual thanked council for their action to enlist the U.S. Attorney General in the police investigation. With eight shootings this year and the violence against protestors, he believed Chief Welter and his command staff were not in control of the department and had made no effort to publicly condemn any actions, and called for the dismissal of the Chief. Barbara Kordiack spoke about the police shootings, the need to review all police involved deaths for the last ten years including that of her grandson, the need for the investigation to go forward and justice to be fair and credibility restored by holding all those involved accountable. Michael Keho, addressing Item No. 6, a request for a rehearing on behalf of Hospitality Properties Trust and the Intercontinental Hotels Group relating to the recent approval of the city's application for a conditional use permit and variance. He indicated the Deputy City Attorney David Cosgrove was in receipt of deposition testimony from Ted White and Tom Brettschneider and asked that it be made part of the record for this item. He added as the city was not required to get permits, there should have been no approval given and no justification for the conditional use permit and variance. An unidentified woman expressed sadness on the death of Manuel Diaz and shame for the Police Department's actions. She voiced her support for Mayor Tait and hoped all would be resolved for the better once the investigation was completed. Ron Thomas supported the issues and concerns of the people and questioned the Police Department's tactics for those evading arrest. He urged a community meeting between the council, any staff members, and all concerned citizens to take place. Council Meeting Minutes of July 24, 2012 Page 8 of 18 Yesenia, representing the Ana Drive community, reported trying to reach council members when Manuel Diaz was shot and had seen the traumatic impact that shooting had on Ana Drive residents, including children who were present at the time and asked for justice for Manuel Diaz and the families. ET Snell, Community Activist, called for the Police Chief's resignation for not stopping the shootings this past weekend and announced there were also petitions available asking for the recall of Council Members Eastman and Murray. He pointed out the remaining two council members were not eligible for recall. Carol Latham announced there were a number of events scheduled, the ACE on August 11 the Anaheim Ballet's program from August 10 though the 12 the Symphony on August 26 and Chance Theatre's running of Westside Story now thru the 5 th of August. Kevin Ybarra, resident, remarked the events that had occurred this past weekend and the resulting protests marred by violence and viewed by the public should be proof enough to the people of Anaheim and members of the city council that action must be taken. Joanne Sosa, Take Back Anaheim, remarked the recent shootings in Anaheim had overshadowed items on the agenda that were important to her organization. She stated Take Back Anaheim was a movement of the people and the growing dissent of Anaheim residents who felt their voices continued to be ignored on many issues. She supported an independent investigation of the police shootings by either the State Attorney General or U.S. Attorney General with full transparency and justice and accountability for those involved. She added for decades, the Anaheim resort area businesses overshadowed the needs of the people of Anaheim and it was time to direct revenues to the neighborhoods that needed healing. She also championed district elections for Anaheim, because the 54 percent Latino population was not represented and could not afford to campaign for office in an at -large election. Donna Acevedo, mother of Joel Acevedo who lost his life on Sunday, supported the need for an independent investigation of police incidents, pointing out witness statements to her differed from the Police Department's explanation of what occurred. She also felt officers were using intimidation tactics on a subsequent visit to her home. State Senator Lou Correa endorsed the vote to move forward with an independent police investigation, stating transparency was the first step in the right direction. He discussed the history of relations between the Anaheim Latino communities and the Police Department and the positive changes brought about by Officer Jose Vargas in the late 1960's. He remarked public trust and confidence in police officers was crucial to the success of the officers and today, just as it was in the 1960's, residents wanted safe streets and safe neighborhoods. He encouraged city council to move ahead and continue to engage the community while the investigation was taking place, and as an individual he would like to be a part of the dialogue. Duane Roberts, resident, supported the abolishment of the current at -large electoral system and replacing it with district elections which would better reflect the class and ethnic composition of the community. As a 1997 graduate of the citizen police academy with a background in criminology, he questioned whether some if not all of the shootings that had occurred could have been avoided and supported the need for an independent investigation. In addition, he recommended a police civilian review board to establish an independent level of oversight of Anaheim police stating those actions would help make the city and its police department more accountable to the people who lived here. Council Meeting Minutes of July 24, 2012 Page 9 of 18 John Leos, resident, stated transparency should reach all levels of government and he urged council to consider agendizing the Anaheim Transparency and Accountability Reform Act that he had submitted to council earlier in the year. Steve Zavala addressing his comments to the recent police shootings, stated officers in general used intimidation, fear, violence and suppression of the Latino population. At 7:20 P.M., Mayor Tait briefly recessed the council meeting, reconvening at 7:33 P.M. Mayor Tait then moved to continue public hearing Item No. 29 to the August 29, 2092 meeting, seconded by Council Member Eastman. Roll Call Vote: Ayes — 5: (Mayor Tait and Council Members: Eastman, Galloway, Murray and Sidhu.) Noes — 0. Motion Carried. 29. Public Re- hearing: This is a public re- hearing to consider the award of taxi franchises and the allocation of F130.2 255 available taxicab permits in the City (public hearing held on May 8, 2012, Item No. 27; request for re- hearing submitted by California Yellow Cab's and granted on June 19, 2012, Item No. 06). ORDINANCE NO. (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM granting a non - exclusive franchise to , for the purpose of operating taxicab service in the City of Anaheim; and stating the term and conditions upon which said franchise is granted. ORDINANCE NO. (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM granting a non - exclusive franchise to , for the purpose of operating taxicab service in the City of Anaheim; and stating the term and conditions upon which said franchise is granted. ORDINANCE NO. (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM granting a non - exclusive franchise to , for the purpose of operating taxicab service in the City of Anaheim; and stating the term and conditions upon which said franchise is granted. ORDINANCE NO. (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM granting a non - exclusive franchise to , for the purpose of operating taxicab service in the City of Anaheim; and stating the term and conditions upon which said franchise is grantedRoll Call Vote: Ayes — 5: (Mayor Tait and Council Members: Eastman, Galloway, Murray and Sidhu.) Noes — 0. Motion Carried and Item No. 29 was continued to August 21, 2012 PUBLIC COMMENTS CONTINUED: John Dunton, business owner, suggested community leaders form a coalition to address concerns between Latino neighborhoods and the Anaheim Police Department by seeking donations from large corporations to create a community center or other programs for youths to attend after school, a safe haven away from gang violence. He felt there should also be a coalition of Latinos to communicate with the Police Department or officers who spoke Spanish to be visible throughout the Latino communities. Mayor Tait asked Mr. Dunton to exchange information with the city manager. Council Meeting Minutes of July 24, 2012 Page 10 of 18 James Robert Reade, resident, voiced his opinion on the lack of parental responsibility for Latino youths engaged in gang activities and the responsibility of Latino community leaders and families accepting these types of activities. An Anaheim resident and mother expressed strong concern over recent events asking that a coalition be put into place to build trust between the community and the police. James Gutierrez, Whittier attorney, announced a claim for damages would be filed on behalf of two of his clients, remarking as time passed, he anticipated additional clients. He encouraged council to consider how to compensate his clients, not just monetarily, but to let the Latino population know they were cared for and that the city had a vested interest in their success. He remarked the gang syndrome was not synonymous with Hispanics or African Americans as it happened to every group that was marginalized and outside of the dominant culture and he believed the two deaths that had occurred were the end result of disenfranchisement and would continue unless changes were made. Cliff Smith, neighborhood council of south central Los Angeles and member of Roofers Local 36, was speaking on his own behalf and in solidarity with the family and community of Joel Acevedo and Manuel Diaz. He endorsed an independent investigation of the police shootings stating there would not be justice and accountability of the police department until they were brought under the democratic control of the community by the creation of an all elected, all civilian police control board that had absolute authority over the department. Michael Bus, Anaheim Arts Council, remarked that he had been speaking with leaders in the art community about what could be done in Anaheim to help ameliorate this situation and the group had come up with novel ideas and would like to share their proposal with staff in the near future to bring therapeutic healing to those who felt disenfranchised. Danny Morales, civil rights coordinator for a national organization, addressed civil rights violations throughout the country. He supported the independent investigation stating he hoped justice would prevail and Anaheim would again become the fun capital of the world. Martin Lopez, resident, supported the need for district elections but recommended eight districts rather than four. In a city with 336,000 residents, four districts with over 80,000 residents was too large and would not accomplish the goal of making council persons accessible to their electorate or candidacy an option for the average citizen. Secondly, he remarked, the process of drawing district boundaries must be done by an objective panel in a process that should be inclusive of the Latino communities and not by the city council. Linda Sandoval, resident, supported district elections adding that four or five districts were too small for such a large city. She also felt the community should be involved in the process of drawing district boundaries and wanted to have a say in those decisions. Arturo Cabreras reported the south district had been making headway with Chief Welter who had been working to bridge the gap between the police and the community. He hoped the results of the federal investigation would be known and Chief Welter could retain the respect he had already established in the neighborhood. He also supported district elections with the goal of having elected officials accountable and responding to the needs of a specific community. Marcus Real, La Gunida resident, indicated that during the shooting which occurred on Sunday, his car was shot as well as the apartment building in which he lived. He provided pictures of the damages for the city's consideration. Council Meeting Minutes of July 24, 2012 Page 11 of 18 Lisa Wade, Take Back Anaheim, urged council to approve the ballot measure regarding development incentives and allow the people to vote. An unidentified individual remarked the Ponderosa neighborhood had built a coalition with Chief Welter but that the incidents which happened this weekend made it difficult to move forward. He also supported approval of Item No. 25, the ballot initiative regarding development incentives and Item No. 26, district elections, remarking Ana Street could have had its own elected representative who could have been involved in preventing tragedy and could spread city resources to ensure all communities were included. Jim Adams, Los Angeles /Orange County Building and Construction Trade Council and resident, requested council not move forward on the no growth initiative on the agenda. His organization represented the building trades and had built noteworthy projects such as the Empire State Building, the World Trade Center, Hoover Dam, the Golden Gate Bridge and the many venues in Anaheim. Projects slated for the future were the two GardenWalk hotels and with trades people facing massive unemployment in all occupations, they needed the jobs that developed incentives could bring. Russ Nicholson, business agent for Plasters Local 200, stated it was time to put the TOT sharing program into effect and stop the roadblocks for much needed jobs in the building trade industry. He stated the last three years had been the hardest in his seventeen years as an agent and had seen people lose their jobs, their houses, their dreams. He urged council to take action to bring back jobs to Anaheim. Ron Miller, LA/OC building trades, remarked this organization represented 140,000 members in Los Angeles and Orange County and mirrored the communities in which they lived. Most of the locals, he remarked, had 40 percent unemployment. He pointed out the Marriott, a 54 story hotel, the Grand Avenue project, Wilshire Grand Hotel and another 22 story Marriott hotel were all projects in Los Angeles and received 100 percent of TOT for 25 years. He pointed out these sites were all vacant lots much like the GardenWalk, bringing in no revenues and urged council go forward with the TOT sharing agreements and build the proposed hotels Phyllis O'Neal, resident, shared her experiences with the Anaheim Police Department as a retired director of student services for the Anaheim City School District. The schools shared a partnership with the police department because of the Chief's commitment to prevention programs. Officers in this department started the Anaheim Police Activities League many years ago to provide programs for the youth in the community and now known as Cops for Kids, this program evolved and had a citizen's board to provide fundraising and oversight. She pointed out with budget cuts, the Chief could have assigned staff in this program to other duties yet the program remained strong and the lives of children were transformed. She noted the Chief also used Anaheim business and community members on his advisory board to provide input on community needs. From this board, she remarked, the gang reduction intervention program was conceived. This program in collaboration with the Orange County District Attorney's office and the Sheriff's Department had positively impacted many children and steered them away from gang involvement, changed entire families and was now replicated in many cities across the county. She added Chief Welter was also instrumental in the development of the Anaheim Family Justice Center which provided a one -stop center for victims of domestic violence, child abuse, elder abuse and sexual assault. Because of all her positive dealings with the police department staff, Ms. O'Neal chose to continue to serve on the Cops for Kids board of directors even though she was retired from the school district. Council Meeting Minutes of July 24, 2012 Page 12 of 18 Carl Ridala, resident and member of Plumbers, Steamfitters and Apprentices Local 582, endorsed the majority council's approval of the TOT agreement. As elected officials, the residents had selected them to make decisions to position the city and its residents and businesses toward a hopeful and prosperous future with growth opportunities. To propose an initiative that placed the vehicles of development decision - making on ballots virtually guaranteed delays and lack of consensus. Equally, he added, zero growth, zero planning and zero development mixed with a generous loss of revenues for the city and services to its residents and guests and jobs would indicate a lack of vision and courage. He urged council to withdraw this proposed initiative. Pauline Miltmore, spoke on behalf of her cousin, Joel Acevedo, his character and special qualities his family enjoyed and the son he left behind. At 8:23 P.M., Mayor Tait briefly recessed the meeting, reconvening at 8 :30 P.M. He announced that in the interest of insuring every member of the public present who wished to speak on the police incidents could do so, the remaining items on the agenda would be continued to the August 21, 2092 meeting. PUBLIC COMMENTS CONTINUED Andrew Cho, resident, talked about the need to direct and channel emotion over the past events toward building lasting and effective solutions for the city. He endorsed council's approval of an independent investigation by the U.S. Attorney General's Office and hoped their investigation would be comprehensive and bring the truth to light whatever it may be. He also supported the creation of an appropriately empowered police review board which would allow a more direct reporting line to citizens. He was convinced the necessary solutions would be derived from coming together as a community rather than letting differences separate the city and its communities. Will B. King commented on conspiracy cover -ups, his dealings with police officers and gang members, and his recommendation to start fresh with a new head to the Police Department and new officers. Teresa Dang, grass roots organizer, remarked council had an opportunity to rebuild trust with the community through greater accountability and transparency resulting from the federal investigation. She also supported the creation of a civilian review board and district elections rather than at -large elections. David Haas, attorney, remarked he had represented several members of the Los Amigos who brought a federal civil rights action against the city ten years ago and the issue was whether the police would or would not interact with the community and it appeared the city was now in a similar situation. He indicated council had the opportunity to create a police oversight review board which would invite the community in for consistent interaction that could help prevent the events of this past weekend. He also endorsed an independent investigation by the state and /or federal governments. Albert Castillo asked what council was going to do about the anger in the community. He remarked there were community members who were willing to work with the city, but were ready to protest if nothing was done. Jesse Hernandez remarked that seven deaths in one year and two in one weekend was unacceptable and videos taken of the incidents conflicted with the stories and misinformation Council Meeting Minutes of July 24, 2012 Page 13 of 18 given by the police. He stated the community had no trust in the police and the people were angry and upset over the shootings and subsequent handling of the deaths that had occurred. He stressed the need for change and the need for accountability and justice for these deaths. Amin David asked that a quick investigation be conducted and urged council and the city manager to accelerate the reports and give the police chief and opportunity to answer the questions of the community. Jose Moreno, an individual expressed condolences to the family of Manuel Diaz and Joel Acevedo remarking that despite the anger, the community and the city should come together to change the culture of how the working class poor was viewed and for council to meet privately with the families to understand what happened. In addition, he recommended investing resources in those areas of Ana Drive and Ponderosa similar as that given to the Resort District to bring about community building. An unidentified individual recommended council take the time necessary to allow the community to heal and to bring them together and listen to their comments on what it was like to be raised in the Ana Drive or Rose Street area. Thomas Holquin commended council for approving an independent police investigation asking that the community trust the Mayor in following through on his commitments. He recognized many agenda items had been placed on hold until the next council meeting, and advised council to limit the amount of TOT subsidy granted and provide additional resources for the Fire and Police Departments to develop programs for the communities where they were needed. John Santoianni asked if by postponing items on the agenda, what would be the consequences to the ballot measures and what would be recommended in going forward? Mayor Tait responded that this Council meeting was the last regular meeting to place measures on the November ballot. Receiving no further comments, Mayor Tait closed public comments. Mayor Tait thanked the U.S. Attorney's Office for their agreement to conduct an investigation. He asked for the entire community to show calm and restraint, and to solve problems as Anaheimer's. He asked for calmness and patience remarking the process would take time. Police Chief Welter remarked there were still ongoing demonstrations and suggested safe methods of egress for the public remaining in the Chambers. At 8:58 P.M. Mayor Tait adjourned the meeting to August 21, 2012. Re ec ully submitted, Linda N. Andal, CIVIC City Clerk Attachment: Agenda Items not acted upon. Council Meeting Minutes of July 24, 2012 Page 14 of 18 ATTACHMENT 1 The following agenda items were not acted upon during the July 24, 2012 meeting: CONSENT CALENDAR: 4. Approve the Investment Portfolio Report for June 2012. 5. Approve and authorize the Human Resources Director to execute an agreement with the International Brotherhood of Electrical Workers, Local 47, to utilize the services of a City employee for union business and reimburse the City for those services for an indefinite period of time. 6. Deny the Request for Rehearing submitted by Michael Leifer on behalf of HPT and IHG, owners of the adjacent Holiday Inn and Staybridge Suites property, relating to the approval of Conditional Use Permit No. 2011 -05573 and Variance No. 2011 -04870 (Public hearing held on June 5, 2012, Item No. 14). 7. Waive the sealed bid requirement of Council Policy 4.0 and authorize the Purchasing Agent to issue a purchase order to Califa Library Group, Inc., in the amount of $37,056, for early literacy stations for the Community Services Department. 8. Accept the lowest responsive bids of A.Y. Nursery, Inc., and Orange County Nursery, Inc., in an aggregate amount not to exceed $122,313 (including tax), for various nursery trees for the TreePower program, for a one year period with up to four one -year optional renewals and authorize the Purchasing Agent to exercise the renewal options, in accordance with Bid #7631. 9. Accept the lowest responsive bid and authorize the Purchasing Agent to issue a purchase order to A -Z Bus Sales, Inc., in an amount not to exceed $176,328, for the installation of diesel emission control devices on eight heavy duty on -road vehicles for the Public Works Department, Fleet Services Division, in accordance with Bid #7658. 10. Authorize the Purchasing Agent to issue a change order to Crisp Enterprises, Inc., dba C -2 Reprographics, increasing the annual contract amount by $230,000 to provide additional services required by the Public Works Department. 11. Award the contract to the lowest responsible bidder, Cal -City Construction, Inc., in the amount of $1,735,000, for security enhancements at the Convention Center and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. 12. Adopt a seven -year Transportation Capital Improvement Program to comply with Renewed Measure M funding requirements. 13. Approve and authorize the Director of Public Works to execute Contract Change Order No. 1, and any related documents, in favor of Slater Waterproofing, Inc., in the amount of $494,500, for the Anaheim Convention Center Car Park 1 Repair Project. 14. Approve and authorize the Director of Public Works to execute Contract Change Order No. 1, and any related documents, in favor of GMC Engineering, Inc., in the amount of $104,000, for the Anaheim Canyon Metrolink Pedestrian Improvement Project Phase 1. 15. Approve and authorize the Director of Public Works to execute Contract Change Order No. 2, and any related documents, in favor of Energy Retrofit, in the amount of $40,254, for the Anaheim Convention Center Exhibit Hall Lighting Replacement Project. Council Meeting Minutes of July 24, 2012 Page 15 of 18 16. Approve a Master Agreement for certain electric utility construction, maintenance repair and immediate response projects, authorize the Public Utilities General Manager to take necessary actions to implement, administer, and execute the agreements with prequalified city contractors during the term of the agreement, including with, A.M. Ortega Construction Company, Inc.; Asplundh Construction Corp.; Cupertino Electric, Inc.; E.E. Electric, Inc; Elemental Energy, Inc.; Hampton Tedder Electric Company; Henkels & McCoy, Inc.; Herman Weissker, Inc.; Hot Line Construction, Inc.; International Line Builders, Inc.; Michels Power; Miron Electric Construction Corp.; PAR Electrical Contractors, Inc., and authorize de minimis changes that do not substantially change the Master Agreement, to be approved by the City Attorney. 17. Award funding to Servite High School, in the amount of $150,000, for the Sun Power for the Schools Program and authorize the Public Utilities General Manager to execute and take the necessary actions to implement and administer the agreement to provide the award and assist in the completion of Servite's solar energy project. 18. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM designating Beacon Avenue from Loara Street to Gilbuck Drive as "Permit Parking Only" streets within Permit - Eligible Parking District No. 12 (Permit Parking Area No. 12). 19. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the Director of Public Works or designee to submit multiple project grant applications to the Orange County Transportation Authority for funding under the Environmental Cleanup Program on behalf of the City of Anaheim, and if awarded, authorizing the acceptance of such grant on behalf of the City and amending the budget for fiscal year accordingly. 20. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the Chief of Police or his designee to submit a grant application on behalf of the City of Anaheim to the California Emergency Management Agency, for the 2012 Urban Areas Security Initiative (UASI) Grant Program, and if awarded, authorizing the acceptance of such grant on behalf of the City and amending the budget for fiscal year 2012 -13 accordingly. Approve and authorize the City Manager to execute the Memorandum of Understanding with the City of Santa Ana for the 2012 Urban Areas Security Initiative Grant Program. 21. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM levying special taxes within City of Anaheim Community Facilities District No. 1989 -1 (Sycamore Canyon). RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM levying special taxes within City of Anaheim Community Facilities District No. 1989 -2 (The Highlands). RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM levying special taxes within City of Anaheim Community Facilities District No. 1989 -3 (The Summit). RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM levying special taxes within City of Anaheim Community Facilities District No. 06 -2 (Stadium Lofts). Council Meeting Minutes of July 24, 2012 Page 16 of 18 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM levying special taxes within City of Anaheim Community Facilities District No. 08 -1 (Platinum Triangle). 22. ORDINANCE NO. 6249 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending Section 18.108.040.080 of Chapter 18.108 of Title 18 of the Anaheim Municipal Code relating to permitted signs for Festival Specific Plan No. 90 -1 (Specific Plan Amendment No. 2012 - 00062) (Introduced at Council meeting of July 10, 2012, Item No. 29). 23. Approve minutes of the Council meetings of June 19, 2012 and July 10, 2012. END OF CONSENT CALENDAR: 24. Consider an appointment to fill an unscheduled vacancy on the Sister City Commission, term to expire June 30, 2013. Sister City Commission: Appointment: (term ending June 30, 2013) (Unscheduled vacancy of Virginia Zlaket) 25. Consider a ballot measure for the November 6, 2012, General Municipal Election amending the City Charter to add a new Section 1223 requiring voter approval for any waiver, exemption or refund of Transient Occupancy Tax (TOT) as economic assistance for hotel development, and voter approval to extend the time for performance under an existing and future agreements for a waiver, exemption, or refund of TOT as economic assistance for hotel development. MOTION: If the City Council places the measure on the November 6, 2012 ballot, it is recommended that the City Council adopt the following resolutions: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA ordering the submission of a proposed amendment to the City Charter to the electors of said City at the General Municipal Election to be held in said City on November 6, 2012 (Measure No. _ — Voter approval for waiver, exemption or refund of transient occupancy tax for hotel development and for extension of time for performance under agreement for waiver, exemption or refund of transient occupancy tax). RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA setting priorities for filing written arguments regarding city measure to be submitted to the electors of the City at the General Municipal Election to be held in said City on November 6, 2012, and directing the City Attorney to prepare impartial analyses of such measure. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA providing for the filing of rebuttal arguments for city measure submitted to the electors of the City at the General Municipal Election to be held in said City on November 6, 2012. Council Meeting Minutes of July 24, 2012 Page 17 of 18 26. Consider a ballot measure for the November 6, 2012, General Municipal Election amending the City Charter to amend Sections 500 and 501 and add a new Section 500.5 to require that the four members of council be elected by his or her home district and only by the registered voters of that district. MOTION: If the City Council places the measure on the November 6, 2012 ballot, it is recommended that the City Council adopt the following resolutions: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA ordering the submission of a proposed amendment to the City Charter to the electors of said City at the General Municipal Election to be held in said city on November 6, 2012 (Measure No. _— District Elections for four Council Members). RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA setting priorities for filing written arguments regarding city measure to be submitted to the electors of the City at the General Municipal Election to be held in said city on November 6, 2012, and directing the City Attorney to prepare impartial analyses of such measure. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA providing for the filing of rebuttal arguments for city measure submitted to the electors of the City at the General Municipal Election to be held in said City on November 6, 2012. 27. Consider resolutions, if the Council approves any measures for the November 6, 2012 General Municipal Election, amending Resolution Nos. 2012 -060 and 2012 -061 which call and give notice of the November 6, 2012 General Municipal Election and requests the Orange County Board of Supervisors consolidate the November 6, 2012 General Municipal Election_ RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending Resolution 2012 -060 to include the adoption of _ measure(s) to amend the City Charter. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending Resolution 2012 -061 requesting the Orange County Board of Supervisors to consolidate a General Municipal Election with the Statewide General Election to be held on November 6, 2012, to include in said municipal election the adoption of _ ballot measure(s). PUBLIC HEARINGS: 28. This is a public hearing to consider a resolution approving the issuance of bonds by the Anaheim Housing Authority for the Anton Monaco Apartments located at 1881 W. Lincoln Avenue. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM pursuant to Section 147(f) of the Internal Revenue Code of 1986 approving the issuance of bonds by the Anaheim Housing Authority for the Anton Monaco Apartments. Council Meeting Minutes of July 24, 2012 Page 18 of 18 29. Public Re-hearing This is a public re- hearing to consider the award of taxi franchises and the allocation of 255 available taxicab permits in the City (public hearing held on May 8, 2012, Item No. 27; request for re- hearing submitted by California Yellow Cab's and granted on June 19, 2012, Item No. 06). ORDINANCE NO. (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM granting a non - exclusive franchise to , for the purpose of operating taxicab service in the City of Anaheim; and stating the term and conditions upon which said franchise is granted. ORDINANCE NO. (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM granting a non - exclusive franchise to , for the purpose of operating taxicab service in the City of Anaheim; and stating the term and conditions upon which said franchise is granted. ORDINANCE NO. (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM granting a non - exclusive franchise to , for the purpose of operating taxicab service in the City of Anaheim; and stating the term and conditions upon which said franchise is granted. ORDINANCE NO. (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM granting a non - exclusive franchise to , for the purpose of operating taxicab service in the City of Anaheim; and stating the term and conditions upon which said franchise is granted.