Loading...
2013/05/28ANAHEIM CITY COUNCIL REGULAR MEETING OF MAY 28, 2013 The regular meeting of May 28, 2013 was called to order at 3:00 P.M. in the chambers of Anaheim City Hall. The meeting notice, agenda and related materials were duly posted on May 24, 2013. PRESENT: Mayor Tom Tait and Council Members: Jordan Brandman, Gail Eastman, Lucille Kring and Kris Murray. STAFF PRESENT: Interim City Manager Marcie Edwards, Interim City Attorney Michael Houston and City Clerk Linda Andal. ADDITIONS /DELETIONS TO CLOSED SESSION: None PUBLIC COMMENTS ON CLOSED SESSION ITEMS: Greg Diamond contended that Anaheim's Rules of Decorum for council meetings was unconstitutional and potentially in violation of the Brown Act. Cautioning speakers to restrain from personal, threatening, abusive or profane remarks was subjective, in his opinion, and protected free speech as long as no illegal threats were made. Personal comments, he added, were largely why speakers were present. He suggested portions of the Rules of Decorum code were not enforceable. William Fitzgerald urged council to settle the lawsuit concerning discrimination against Latinos and objected to discouraging speakers from offering comments during council meetings. Unrelated to the closed session, he objected to a presentation item. Mayor Tait declared he had a potential conflict of interest related to Item No. 2 on the closed session agenda. At 3:08 P.M., city council recessed to closed session for the following items. CLOSED SESSION ITEMS: 1. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Subdivision (d)(1) of Section 54956.9 of the California Government Code) Name of Case: Moreno et al. v. City of Anaheim, Orange County Superior Court Case No. 2012- 00579998 2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Subdivision 54956.8 of the Government Code) Property: 2000 East Gene Autry Way, Anaheim, CA (Angels Stadium of Anaheim) Agency Negotiator: Tom Morton Negotiating Parties: Angels Baseball, LP, City of Anaheim Under Negotiation: Price and Terms of Payment Regarding Lease 3. CONFERENCE WITH LABOR NEGOTIATORS (Subdivision (a) of Section 54957.6 of the Government Code) Agency Designated Representative: Kristine Ridge Employee Organization: International Brotherhood of Electrical Workers, Local 474 City Council Minutes of May 28, 2013 Page 2 of 20 4. PUBLIC EMPLOYEE APPOINTMENT (Subdivision (b)(1) of Section 54957 of the California Government Code) Title: City Attorney At 5:15 P.M., Council returned from closed session In an effort to offer greater assurance that all speakers had an opportunity to comment and avoid standing in a long line, Mayor Tait indicated speaker cards would now be used. With or without them, Mayor Tait remarked everyone would be given an opportunity to speak who wished to do so. Additionally, he announced, an informational brochure was available that outlined council meeting procedures. Invocation: Pastor Nathan Zug, Magnolia Baptist Church Flag Salute: Council Member Lucille Kring Presentations: Recognizing the Southern California Volleyball Association Karch Kiraly remarked the Southern California Volleyball Association (SCVA) provided thousands of youths an opportunity to play volleyball at a high level at the American Sports Center in Anaheim with some of these players graduating and joining the men's and women's team, representing the country in big competitions. He thanked SCVA for their service to volleyball in general and to contributing to the nation's Olympic talent. Ms. Davenport thanked the city and American Sports Center for their support and announced a Starlings program was started for low income girls to practice with national teams. SCVA contained 20,000 members, 15,000 girls, 2,500 boys and the rest adults, and the 34 courts at American Sports Center were busy enough that outside courts were rented to accommodate weekend play. Recognizing the 2013 OC -CAN Scholars Mayor Tait remarked the Tiger Woods Learning Center in Anaheim sponsored a number of high school students in honor of his father, Earl Woods. Kathy Burke introduced the students, noting the college they would attend and their majors. Recognizing US Army Captain James Vanderbilt on his return from Kuwait Captain Vanderbilt was recognized as he returned from his third tour of duty from Kuwait. Mayor Tait noted Captain Vanderbilt had also served the city as an elected member of the Anaheim School District and prior to that, had been a member of the Anaheim Planning Commission. Captain Vanderbilt thanked the city for honoring veterans and current servicemen, presenting a community flag that had been flown over Kuwait duty station to the city. Acceptance of Other Recognitions (To be presented at a later date): Recognizing the Anaheim Union High School District 2013 Scholar Athletes Recognizing the 2013 Anaheim Beautiful honorees City Council Minutes of May 28, 2013 Page 3 of 20 Sandra Sagert thanked Council for their continued support for this organization and the recognition award for the honorees at this year's gala to be held on June 5 th at the Aster Classics and Car Museum. Proclaiming May 27, 2013, as Memorial Day A representative of the American Legion and VFW Post thanked Council for this recognition and for attending the rededication of the Veterans Memorial and the service held at the Anaheim Cemetery. Proclaiming June 2013, as Great Outdoors Month Eric Ey, Community Services Department, addressed his remarks to Great Outdoors Month, announcing there were over 50 Anaheim parks in which residents could enjoy a variety of outdoor activities including athletic fields, open play areas and picnic shelters. One of the special parks in Anaheim was the Oak Canyon Nature Park, a 58 -acre natural park with three adjoining canyons, four miles of hiking trails and native wildlife. Proclaiming June 2013, as Lesbian, Gay, Bisexual and Transgender Pride Month Anna Barber was honored to accept this proclamation on behalf of various gay rights organizations to commemorate the 1969 stonewall riots in Manhattan, a turning point in gay rights movement in the nation. Proclaiming June 9 -15, 2013, as National Flag Week Maria McFarland, Anaheim Flag Day committee, accepted the proclamation honoring Flag Day, a national holiday that had been observed since 1885. She added Anaheim's Flag Day celebration recognized winning essays by Anaheim students on "What the American Flag Means to Me," noting that since its inception 18 years ago, over 32,000 essays had been written by students as a patriot assignment, with winners chosen from each participating school marching in the Flag Day parade to be held on June 8 th this year. At 5:51 P.M., Mayor Tait called to order the Anaheim Public Financing Authority (in joint session with the Anaheim City Council). ADDITIONS /DELETIONS TO THE AGENDAS: City Clerk, Linda Andal announced the franchisee's request to continue Public Hearing Item No. 41 to July 23, 2013 noting the city had no objection. City Council granted the request for the continuance to July 23, 2013. PUBLIC COMMENTS (all agenda items, except public hearings): Tim Shaw, a member of La Habra City Council and OCTA Director, provided an update on OCTA plans, operations and services, including bus, Metrolink rail, and 91 expressway and highway improvements. OCTA administered Measure M2, the 1 /2 cent sales tax program for transportation improvements, with 43 percent dedicated to freeway projects, 32 percent to streets and roads and 25 percent for transit. Of the 32 percent for streets and roads, Mr. Shaw explained, a portion of this 30 year revenue stream was provided to local agencies on a formula basis considering population, street mileage and sales tax from local cities. Since its inception on 2011, Measure M2 provided Anaheim with $6.7 million for street maintenance. From the competitive component of Measure M, Anaheim had successfully competed for and received an City Council Minutes of May 28, 2013 Page 4 of 20 additional $216 million. Mr. Shaw added that as the county regional planning agency, OCTA oversaw state and federal dollars that flowed through local agencies for projects, with Anaheim receiving an additional $452 million of these types of funds. The total dollars Anaheim received as of December 31, 2012 reflected $675 million. Referencing bus services, Mr. Shaw indicated OCTA managed 26 bus routes and 576 bus stops within city limits that served residents and businesses in the city. Tresa Oliveri, OCTA, updated Council on the Orange County Bridges Program. She remarked the Bridges program consisted of a $590 million investment in grade separation projects along the LOSAN and BNSF corridor using a combination of local Measure M funding along with federal and state dollars. She noted because of the State Transportation bond funding, all projects must have signed construction contracts in place by December 2013 and in order to honor that commitment and avoid simultaneous closures of adjacent intersections as well as other considerations, OCTA divided the program into three phases. Phase 1 consisted of under crossings that would take the roadway under the BNSF track; construction began a year ago with milestones met and the budget on track. Phase 2 projects were scheduled to begin next month and included the overcrossings at Orangethorpe and Tustin Avenue /Rose Drive. Two open houses were held for residents and business owners in the area, with invitations mailed to almost 2,600 addresses and emailed invitations sent to over 200 individuals. During that public outreach, explanations were provided on how the construction activities would be phased, how noise and dust would be mitigated and traffic diverted for those communities around the project area. She added that over 100 participants attended and 44 returned surveys. Mayor Tait briefly reminded the public about the new comment cards being used during public comments and announced those speakers who filled out speaker cards would be called to offer comments first, followed by those who declined the speaker cards. Remarking that all speakers would then be given an opportunity to speak, with or without a card. Duane Roberts, resident, referencing Item No. 4, asked Council to not only receive and file this report but to adopt its recommendations as it would help deepen representative democracy and increase the rate of participation in civic affairs. He strongly approved the recommendation to change the council meeting start time to 6:30 P.M. to accommodate those residents who were employed or commuted long distances and could not make the 5:00 P.M. start time. James Robert Reade, resident, stated his letters of February 25 and May 20 referred to incidents which occurred during public comments, asking for appropriate measures to be taken to insure a safe environment for all council meeting attendees. He cited specific instances and occasions when he was accosted by others after he spoke during public comments. Larry Larsen, objecting to Rules of Decorum changes, emphasized the First Amendment of the Constitution afforded the public the right to free speech and to stand up and be heard. He remarked the public would continue to speak out and would not be silenced inside or outside the council chambers. He spoke about the integrity and trustworthiness of Anaheim's elected officials. Jesse Rowan remarked protesters would be present at the Anaheim Police Department on July 5 th seeking justice and peace. On July 21 6t , protestors would march from the Police Department to Disneyland and would continue to protest in this manner because of racial prejudice and officer - involved shootings of young men of color. City Council Minutes of May 28, 2013 Page 5 of 20 David Rugsley, resident, congratulated Mayor Tait on the Hi Neighbor program remarking that it has had a remarkable effect. He spoke about how the city was promoting and encouraging community gardens in the city, explaining how others had been encouraged to start similar garden opportunities as a result of interest in the Common Ground community garden. Cecil Jordan Corcoran, Outreach Homeless Ministries, discussed the need to stop disturbances at council meetings and updated Council on his bible review. Kathleen Heard, Classified School Employee Association, emphasized that members of this community had been crying out for help with for some time, feeling their words had not been heard and while it might be uncomfortable to hear frustration expressed publicly at council meetings, it was the only time community members could be heard. Jose Vargas, ESCRI, reported on May 6, 2013, ESCRI, in partnership with St. Anthony's Catholic Church and neighbors from surrounding neighborhoods hosted a community forum to openly discuss residents' experiences after the civil unrest of the summer of 2012. Nineteen residents spoke or submitted comment cards to a group of 60+ attendees and two moderators, Speaker testimonies were noted and a summary created with a copy of this document provided to the city and local media. He added the majority of the community conveyed a disconnect from the Anaheim Police Department and city government and ESCRI hoped to be able to facilitate a dialogue in the near future to form positive community relationships. Glorai Ma'ae, Citizen Advisory Committee on Elections, remarked she had learned much from her experience on the committee especially that there were multiple voting options available; i.e., the current at large system, rank choice voice, cumulative voting, nominations by district with elections at large, to name a few. She explained there were two members of the committee who refused to have any further discussion on the nominations by district with elected at large system and the committee members were not permitted to revisit that discussion which left the remaining recommendations of the final report. She personally felt it was wrong to ask voters to give up their right to vote for whomever they chose as a system could have been recommended for nominations by district with an elected at large system, keeping everyone's right to vote for the candidate of their choice. She contended OCCORD and Unite Here manipulated the process because they brought people in to read scripted material to specifically ask for eight districts, adding that an OCCORD member remarked the request for eight districts was to allow undocumented residents to have a voice in elections. Everyone, Ms. Ma'ae pointed out, including the undocumented, could speak at a council meeting and have their opinions heard. William Fitzgerald, Anaheim Home, objected to the use of speaker cards for public comments, citing racial prejudice. He also objected to recognition of Captain James Vanderbilt, recently returned from Kuwait. Ron Bengochea, resident, recommended the work on the GardenWalk hotels be performed by local building trade unions in Orange and Los Angeles counties exclusively, and, if there was a decrease in the number of rooms built per the agreement, then the amount of $158 million in assistance be reduced accordingly. He also suggested the projected 1,300 permanent jobs and 3,000 temporary construction jobs be outlined to help insure the project was completed per standards and on time, and that permanent employees should be compensated at a salary above industry standards to help insure the quality of the service for the guests of the hotel and encourage their return. He further stated if the developer opted to sell the property before the end of the terms of the subsidy agreement, the new owners should not receive any benefits City Council Minutes of May 28, 2013 Page 6 of 20 from this agreement and would be required to pay the appropriate TOT tax in place at the time of the sale of the property and if the developer, in this instance, had not received the full subsidy assistance, the city would no longer be obligated. John Dunton, local businessman and property owner, remarked the Anaheim Children's Art festival that took place on May 18 was a successful event, thanking the organizers who were involved and the city for their support. On a positive note, he stated there were many individuals working behind the scenes to help the communities. Ralph Valenzuela, Labor's Pacific Southwest Regional Organizing Coalition, addressed remarks to Item No. 12. Mr. Valenzuela asked the city to reevaluate this bid award, as Bannouan did not perform asphalt pavement and slurry sealing, and other bidders had detailed their subcontractors on the bid documents while Bannouan did not. Mayor Tait encouraged staff to consider those comments and keep an eye on the project to make sure it was in compliance with City specifications. Genevieve Huizar spoke out against the economic tax assistance for the GardenWalk Hotels and against the council members who voted for it. German Santos, resident, spoke of his involvement with local law enforcement and the fact it had been 89 weeks since he asked the cities of Anaheim, Garden Grove, Orange County law enforcement, Loretta Sanchez and the FBI for assistance. Greg Diamond addressing the use of speaker cards and the rules of decorum for public comments, remarked the rules must not be arbitrary or biased and could be unenforceable. He recommended that videos and replays of council meetings be unedited and council be educated on first amendment rights before these rules were enforced. Dorothy Rose, Orange County Symphony, announced a free concert in collaboration with the All American Boys Chorus scheduled for June 15 at Pearson Park commemorating all things associated with the flag and freedom. Jean Thaxton spoke of the death of her son by police officers and her support for other grieving mothers and families who experienced the same trauma. Mayor Tait stated he hoped the use of speaker cards did not dissuade anyone from speaking their mind. The intent was to create more order and whether or not a name was given, he believed people had the right to say what they wanted without any type of interference from the government. At 6:40 P.M., Mayor Tait recessed the city council meeting to address the Anaheim Public Financing agenda, reconvening council session at 6:46 P.M. CONSENT CALENDAR: Mayor Tait removed Item Nos. 4 and 32 from the consent calendar for further discussion and announced he would abstain on Item No. 17 as his firm had worked with Bank of America, Item Nos. 21 and 22 as his firm had worked with OCTA and Item Nos. 28 and 29 as his firm had worked for the City of Garden Grove. Council Member Murray pulled Item No. 12 and Council Member Brandman removed Item No. 38. Interim City Attorney Michael Houston disclosed a business position and source of income as a partner with Cummings and White LLP, adding that he had not participated in any action related to Item No. 27. Mayor Pro Tern Eastman, addressing Item No's, 21 and 22, disclosed she was City Council Minutes of May 28, 2013 Page 7 of 20 on the board of OCTA as a director representing Anaheim and was not required to abstain from voting. Referencing Item No. 33, Council Member Murray announced she represented the city on the Metropolitan Water District and was not required to abstain on her vote. Council Member Kring then moved to waive reading in full of all ordinances and resolutions and to adopt the balance of 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 Mayor Pro Tem Eastman. Roll Call Vote: Ayes — 5: (Chairman Tait and Council Members: Brandman, Eastman, Kring and Murray). Noes — 0. Motion Carried. B105 3. Receive and file minutes of the Budget, Investment and Technology Commission meeting of April 17, 2013 and Library Board meeting of April 8, 2013. D117 5. Approve the Investment Portfolio Report for April 2013. D129 6. Adopt the amended City of Anaheim Hazardous Materials Area Plan, as revised in September 2012. 7. Determine, on the basis of the evidence submitted by RRM Properties, LTD., that the property owner has complied in good faith with the terms and conditions of Development AGR -6802 Agreement No. 2010 -00005 for the 2012 -13 review period for the development of the approximate 15.7 -acre site commonly referred to as The Robertson's Ready Mix Site located southeast of the intersection of Santa Ana Canyon Road and Gypsum Canyon Road (Tentative Tract Map No. 17289). 8. Ratify the purchase order with Hyspan Precision Products, Inc., in the amount of D128 $22,216, to repair a high pressure steam injection component for the Combustion Turbine Generator (CTG) Power Plant and authorize the Purchasing Agent to enter into a Master Agreement, in an amount not to exceed $66,650, for a period of one year with four one -year renewal options, for any future emergency repairs of the high pressure steam injection components of the combustion turbine generator. D175 9. Reject all bids submitted for the Olive Street 16 -inch Water Main Replacement Project. 10. Award the construction contract to the lowest responsible bidder, Asplundh Construction Corp, in the amount of $2,809,353.50, for the Underground District No. 59 Brookhurst AGR -7632 Street, Phase 2 project and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. 11. Award the construction contract to the lowest responsible bidder, Asplundh Construction Corp., in the amount of $9,499,130.50, for the Construction of Underground District No. AGR -7633 57, Phase 1 at Lincoln Avenue and the line extension from Clair Substation and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. 13. Approve and adopt the Relocation Plan for the Brookhurst Street Widening 1 -5 Freeway D175 to the SR -91 Freeway Project. 14. Approve a Cooperative Agreement with the City of Fullerton, in the project share cost of $14,860, for Project No. 174 -46012 for the Regional Traffic Signal Synchronization AGR -7635 Project on Lemon Street/Anaheim Boulevard. City Council Minutes of May 28, 2013 Page 8 of 20 AGR -7636 15. Approve a Cooperative Agreement with the Cities of Fullerton and Placentia, in the project share cost of $5,000, for Project No. 174 -46013 for the Regional Traffic Signal Synchronization project on Placentia Avenue. 16. Approve the Supplemental Agreement with the Union Pacific Railroad Company for AGR - 7637.1 relocation and replacement of an existing fiber optic line crossing on Railroad property (Mile Post 511.19) located on Brookhurst Street north of Crestwood Lane and authorize a payment of $1,000 for administrative handling. 17. Approve the Agreement for Acquisition of Real Property with Bank of America, National AGR -7638 Association, in the acquisition payment amount of $206,000, for the property located at 1701 East Katella Avenue, street and temporary construction easement for the Katella Avenue Improvement 1A project (State College Boulevard to Lewis Street) (R/WACQ2011- 00410). Roll Call Vote: Ayes — 4: (Mayor Pro Tem Eastman and Council Members: Brandman, Kring and Murray.) Noes — 0. Abstention — 1: Mayor Tait. Motion to approve carried. Approved Vote: 4-0 -1 (Mayor Tait reported his firm had worked with Bank of America) 18. Approve the Acquisition and Funding Agreement with TSG Platinum, L.P. a Delaware AGR- 5025.A.1 Limited Partnership, in the acquisition payment amount of $247,572, for the properties located at 1005 -1105 East Katella Avenue for a street and public utility easement for the Katella Avenue Improvement 1A project (State College Boulevard to Lewis Street) (R/WACQ2011 -00408 and R/WACQ2011- 00409). 19. Approve a professional service agreement with J.L. Patterson & Associates, Inc. for on- AGR-6033.A call design and construction management services for rail /highway projects, including light, heavy, commuter and freight rail in support of the Public Works Department for a one -year term with the option to renew for a period of two additional years, at the sole discretion of the Director of Public Works. 20. Approve the Second Amendment to Agreement with Efficient Computing, in an amount not to exceed $100,000 for a total of $200,000, to provide annual maintenance, software AGR- 3200.F.2 support and software design for the Facility Services work order system FAMIS (Facility Maintenance Integrated System). 21. Approve and authorize the Director of Public Works to execute Amendment No. 1 to Cooperative Agreement No. C -1 -3115 with Orange County Transportation Authority for AGR - 5316.11.1 project development activities and preliminary engineering for the Anaheim Rapid Connection Fixed Guideway project. Roll Call Vote: Ayes — 4: (Mayor Pro Tem Eastman and Council Members: Brandman, Kring and Murray.) Noes — 0. Abstention — 1: Mayor Tait. Motion to approve carried. Approved Vote: 4-0-1 (Mayor Tait reported his firm had worked with OCTA). 22. Approve and authorize the Director of Public Works to execute and take the necessary action to implement and administer Utility Agreement No. S0205 -09 COA, and any AGR - 6293.1.1 related documents, with the Orange County Transportation Authority and authorize the Public Utilities General Manager to execute and take the necessary action to implement and administer Amendment No. 1 to Utility Agreement No. S0205 -1 UAW and Amendment No. 1 to Utility Agreement No. S0205 -1 UA, and any related documents, for the relocation of sewer, water and electric facilities within the limits of the Lakeview City Council Minutes of May 28, 2013 Page 9 of 20 Grade Separation project and across the Burlington Northern Santa Fe railway corridor at Lakeview Avenue. Roll Call Vote: Ayes — 4: (Mayor Pro Tem Eastman and Council Members: Brandman, Kring and Murray.) Noes — 0. Abstention — 1: Mayor Tait. Motion to approve carried. Approved Vote: 4-0 -1 (Mayor Tait reported his firm had worked with OCTA) 23. Waive Council Policy 4.1 and approve an agreement with Community Services AGR -7639 Programs, Inc., in an amount not to exceed $50,000, for consulting services related to the fiscal year 2012/13 CalEMA Anti -Human Trafficking Task Force Program. D160 24. Authorize the Police Department to accept the donation of a 2003 Ford Modular Style Type III Ambulance from CARE Ambulance Service, in accordance with AR 330. 25. Authorize an appropriation adjustment to increase the Police Department's revenue and D160 expenditure appropriations in fiscal year 2012/13 by $225,000 under the Fiscal Year 2012 Urban Area Security Initiative Grant. 26. Approve an agreement with Orange County ATM, LLC for the installation, operation and AGR -7640 maintenance of automated teller machines at the Anaheim Convention Center. 27. Approve the First Amendment to Agreement with Cummins & White, LLP increasing the AGR- 7483.1 contract limit by $30,000 for Interim City Attorney services. 28. Approve the First Amendment to Amended and Restated North Net Joint Powers Agreement with the Cities of Garden Grove and Orange which changes the JPA AGR- 2466.A.1 designation of Treasurer to mean the Finance Director of the City of Anaheim. Roll Call Vote: Ayes — 4: (Mayor Pro Tem Eastman and Council Members: Brandman, Kring and Murray.) Noes — 0. Abstention — 1: Mayor Tait. Motion to approve carried. Approved Vote: 4-0 -1 (Mayor Tait reported his firm had worked with the City of Garden Grove). 29. Approve and authorize the Fire Chief to execute and take the necessary actions to implement the Metro Cities Fire Authority Third Amended Joint Powers Agreement, and AGR - 1507.3 related documents, with the Cities of Brea, Fountain Valley, Fullerton, Garden Grove, Huntington Beach, Newport Beach and Orange. Roll Call Vote: Ayes — 4: (Mayor Pro Tem Eastman and Council Members: Brandman, Kring and Murray.) Noes — 0. Abstention — 1: Mayor Tait. Motion to approve carried. Approved Vote: 4-0 -1 (Mayor Tait reported his firm had worked with the City of Garden Grove) 30. Approve and authorize the Public Utilities General Manager to execute and take the AGR -7641 necessary actions to implement and administer a license agreement, and related documents, with BNSF Railway Company for the installation of overhead electric utility facilities on Orangethorpe Avenue at Miller. 31. Approve and authorize the Public Utilities General Manager to execute and take the AGR -7642 necessary actions to implement and administer an agreement, and any other related documents, with Integrated Performance Consultants, Inc., in the amount of $226,500 for a one year period, with a one -year optional renewal for the same amount, plus a ten City Council Minutes of May 28, 2013 Page 10 of 20 percent contingency, for contract operations and maintenance services for the Water Recycling Demonstration Plant. 33. RESOLUTION NO. 2013 -072 A RESOLUTION OF THE CITY COUNCIL OF C350 THE CITY OF ANAHEIM adopting Addendum No. 1 to the Mitigated Negative AGR -7643 Declaration for the Water Demonstration Project. Approve and authorize the Public Utilities General Manager, or designee, to execute and take the necessary actions to implement and administer an agreement, and related documents, with Metropolitan Water District of Southern California for local resource program funding for the Water Recycling Demonstration project. 34. RESOLUTION NO. 2013 -073 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM initiating proceedings for the annual levy of assessments in, T106 and accepting an Assessment Engineer's Report for the Anaheim Resort Maintenance District. RESOLUTION NO. 2013 -074 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM declaring its intention to provide for an annual levy and collection of assessments in the Anaheim Resort Maintenance District, and setting a time and place for public hearing thereon (Public hearing scheduled for June 11, 2013). 35. RESOLUTION NO. 2013 -075 A RESOLUTION OF THE CITY COUNCIL OF P124 THE CITY OF ANAHEIM accepting certain deeds conveying to the City of Anaheim certain real properties or interests therein (City Deed Nos. 11569, 11570 and 11571). 36. RESOLUTION NO. 2013 -076 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving a one year Cooperative Fire Protection Agreement AGR- 1666.H with the California Department of Forestry and Fire Protection to provide fire protection to 2,342 acres of privately -owned land, and authorizing the Anaheim Fire Chief to execute the Operating Plan and any other documents required in connection with that agreement. 37. RESOLUTION NO. 2013 -077 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving a three year Cooperative Fire Protection Agreement AGR - 1666.1 with the California Department of Forestry and Fire Protection, and authorizing the Anaheim Fire Chief to execute the Operating Plan and any other documents required in connection with that agreement. END OF CONSENT CALENDAR: 8105 4. Receive and file the Citizens Advisory Committee on Elections and Community Involvement report Thanking the members for their time and effort serving on the Advisory Committee on Elections and the community for their public involvement, Mayor Tait requested the Committee's report and findings be placed on the June 11 agenda for discussion and action related specifically to placing before the voters charter amendments to consider elections by district versus the current "at large" electoral system and to increase the size of the city council members to six or eight members. City Council Minutes of May 28, 2013 Page 11 of 20 Council Member Murray asked that the item be noticed as a public hearing to allow for public input. Mayor Tait further did not have an objection to Council Member Murray's request and further requested that a resolution be drafted as a component of that agenda item to place a charter amendment on the ballot with three issues simply and clearly stating: 1) whether citizens wanted elections by district, 2) whether there be an increase to the city council members from four to six seats, and 3) whether there be an increase to city council members from four to eight seats. He asked that the resolution be drafted to allow council an opportunity to vote on this resolution, should they desire. Mayor Tait then moved to receive and file the Citizens Advisory Committee on Elections report, seconded by Council Member Kring. Roll Call Vote: Ayes — 5: (Mayor Tait and Council Members: Brandman, Eastman, Kring and Murray.) Noes — 0. Motion Carried. 12. Award the contract to the lowest responsible bidder, Bannaoun Engineers Constructors Corp., in the amount of $774,045.50, for the 2013 Street Rehabilitation project (Loara Street, Bellevue Drive, Lorraine Drive, Clifton Avenue, Charlotte Avenue, Florence AGR -7634 Avenue, Susanne Street, Narda Street, Claudina Street and Philadelphia Street), waive any minor irregularities or technicalities associated with the bid documents and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. Natalie Meeks, Public Works Director, reported several protests had been received on the award of this contract, adding they were based on whether the low bidder intended to perform the minimum percentage of work required and alleged non - compliance with prevailing wage law on prior projects. She indicated the low bidder was Bannaoun Engineers Constructors Corporation and upon receipt of the protest, additional research and conversations with the City Attorney's office took place to look at those protests and determine their merit. Ms. Meeks stated staff concluded Bannaoun Engineers was the lowest responsible bidder, confirmed they intended to perform 82 percent of the project work which exceeded the 30 percent minimum required by the specifications and held active licenses in good standing. She remarked the prevailing wage infraction was a number of years ago and staff, via an inspector, would oversee the contract and ensure the company complied with all specifications and performed quality work. Council Member Murray inquired what the remedies were if work was not performed according to code. Ms. Meeks responded the contractor was required to post a bond for the work and if that work did not meet specifications, there were several options available, one of which included holding payment until the work was done to the city's satisfaction. Council Member Brandman remarked he had been aware of the receipt of protests on this bid and had discussed it with staff, asking Ms. Meeks to explain the process she followed at his request. The Public Works Director indicated the Center for Contract Compliance had been contacted as they had submitted one of the protest letters and staff discussed with them some of the past infractions of this contractor along with Anaheim's requirements, and how the contract would be managed to insure the contractor complied with specifications including payment of prevailing wages. Ms. Meeks emphasized all contractors awarded bids from the city were held accountable for their work. City Council Minutes of May 28, 2013 Page 12 of 20 Council Member Kring moved to approve Item No. 12, seconded by Council Member Murray. Roll Call Vote: Ayes — 5: (Mayor Tait and Council Members: Brandman, Eastman, Kring and Murray.) Noes — 0. Motion Carried. 32. ORDINANCE NO. 6277 (ADOPTION) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving Amendment No. 4 to Second Amended and Restated Development Agreement No. 99 -01 by and between the City of Anaheim and AGR- 1463.2.4 GardenWalk Hotel I, LLC; making certain findings related thereto; and authorizing the Mayor to execute said agreement for and on behalf of the City (Introduced at Council meeting of May 14, 2013, Public Hearing Item No. 25). Mayor Tait remarked this ordinance had been introduced at the last council meeting along with a comprehensive staff report and much discussion. He stated he would not be supporting this agreement for the reasons stated initially; i.e., the city would subsidize two hotels for a total of $158 million, change the date of construction so the two hotels were phased in and construction on the second hotel would not occur until November 2019 to be completed in 2022 and a check would be cut for the developer until 2042. He added Anaheim currently had 90 hotels; eight more were under construction or in the planning process with a total of 1,300 new rooms and none of these hotels would receive any city subsidies. In fairness to those hoteliers, to address the risk to future general fund revenues, and the fact a requirement for a four -star status for the hotels was not specified in the agreement, he would oppose the project. Council Member Murray objected to the characterization that a check would be cut for a hotel that would not be built for 20 years, asking that the record be made clear. Ms. Vander Dussen explained this item was not the economic assistance agreement, but was the development agreement that maintained the existing zoning for the duration of the project. This agreement, she pointed out, did not cover any of the issues related to the economic assistance. Council Member Murray then posed the question to city staff, asking if the project was not built and was not generating TOT, would a check be given to the developer that would otherwise go to city services. Mr. Houston responded, for purposes of information to answer that direct question, the answer was no. Council Member Murray added once these hotels were built and operating, $500 million of new revenues would come to the city over the life of the agreement. Mayor Tait, in response to an earlier comment, asked how the developer would receive economic assistance monies. Mr. Houston indicated that item was not on the agenda for discussion at this time. Mayor Tait noted the staff report indicated there would be a positive increase in revenues to the general fund and he was disputing that statement, asking how the developer would receive the subsidy. Marcie Edwards, Interim City Manager, remarked the staff report stated the city's assistance was conditioned upon development of the hotels, and at such time the developer completed construction of the hotels consistent with the agreements, there would be a positive increase in revenues to the general fund. She believed staff intended that statement to mean that the overall project, once the hotels were built and generating TOT, a portion would then come back to them from the city as part of that assistance agreement. Mayor Tait reemphasized that the city was paying out 70 cents on the dollar to the developer and while the amount to be rebated was determined by the amount of TOT generated, the city would still be writing a check up to year 2042 to the developer. He argued whether $500 million in new tax revenues would be generated, stating to earn that kind of revenue, the hotels would City Council Minutes of May 28, 2013 Page 13 of 20 have to be hugely profitable, and would not need a subsidy. He then moved to deny adoption of Ordinance No. 6277 and with no second, the motion failed. Council Member Murray moved to adopt Ordinance No. 6277 of the City of Anaheim approving Amendment No. 4 to Second Amended and Restated Development Agreement No. 99 -01 by and between the City of Anaheim and GardenWalk Hotel I, LLC; making certain findings related thereto; and authorizing the Mayor to execute said agreement for and on behalf of the City, seconded by Mayor Pro Tern Eastman. Roll Call Vote: Ayes — 4: (Mayor Pro Tern Eastman and Council Members: Brandman, Kring and Murray). Noes — 1: Mayor Tait. Motion Carried. 38. RESOLUTION NO. 2013 -078 A RESOLUTION OF THE CITY COUNCIL OF M100 THE CITY OF ANAHEIM, CALIFORNIA, creating a Charter Review Committee and 8105 establishing the rules and procedures governing the Charter Review Committee Paul Emery, Assistant City Manager, announced, as directed by Council at the May 14 council meeting, a resolution for adoption for the establishment of rules and regulations and the guidelines for the Charter Review Committee was before council for consideration with staff recommending approval. Council Member Brandman remarked it had been 14 years since the last charter review, and his desire was to mandate scheduling those reviews every 10 years. He then proposed an amendment regarding appointments in line with comments he had made at the last council meeting. He proposed each council member be allowed to appoint one member to the Charter Review Committee for a total of five. In alignment with precedence set by the California Independent Redistricting Commission in which the majority of the members were appointed through applications by the state auditor and vetted by the state legislator, Council Member Brandman recommended the Charter Review Committee appoint the balance of the Committee. This, he explained, would create a true independence on that commission to evaluate with objectivity and he suggested that interested applicants must apply by the next Friday. Mayor Tait concurred. Council Member Kring remarked that two members of Citizens Advisory Committee were appointed by city council to sit on that board setting precedence that council members should appoint the members of the Charter Review Committee. She added that the Charter Review Committee of 1999 was completely independent from council, pointing out that her appointee went against anything she supported and for this reason, she preferred staff's recommendations. Council Member Brandman stated he came up with this recommendation because the state commission worked well under these auspices and he thought it gave more validity to the committee's independence. Mayor Pro Tern Eastman remarked her only concern was that the application process would close too quickly. Mayor Tait indicated he would entertain an amendment to extend the application deadline. Discussion was held with Council Member Brandman requesting the application process be extended to June 13 and the committee appointments placed on the June 18 council meeting. Council Member Brandman amended his motion to approve RESOLUTION NO. 2013 -078 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, creating a Charter Review Committee and establishing the rules and procedures governing the Charter Review Committee, with each council member to appoint one committee member (5) and the City Council Minutes of May 28, 2013 Page 14 of 20 remaining two committee members shall be appointed by a majority of the Charter Review Committee body and that the application period be extended to June 13 seconded by Mayor Tait. Roll Call Vote: Ayes — 5: (Mayor Tait and Council Members: Brandman, Eastman, Kring and Murray.) Noes — 0. Motion Carried 39. RESOLUTION NO. 2013 -079 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the prepayment of obligations under an Installment 13137.1 Purchase Agreement in order to cause the refunding of all of the outstanding Anaheim Public Financing Authority Revenue Refunding Bonds, Series 2002 -B (City of Anaheim Electric System Generation System Refunding) (related to Anaheim Public Financing Authority Item No. 02). Council Member Kring moved to approve RESOLUTION NO. 2013 -079 OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the prepayment of obligations under an Installment Purchase Agreement in order to cause the refunding of all of the outstanding Anaheim Public Financing Authority Revenue Refunding Bonds, Series 2002 -B (City of Anaheim Electric System Generation System Refunding), seconded by Council Member Brandman. Roll Call Vote: Ayes — 5: (Mayor Tait and Council Members: Brandman, Eastman, Kring and Murray.) Noes — 0. Motion Carried. 40. Appoint an alternate member to the North Net Fire Training Joint Powers Authority. Fire Training Joint Powers Authority: 8105 ALTERNATE: Council Member Brandman Council Member Brandman was unanimously appointed to the vacant alternate position on the Fire Training Joint Powers Authority. PUBLIC HEARINGS: At 7:23 P.M., the public hearings were considered. 41. Grant a continuance of the nonexclusive taxi franchise revocation public hearing to July 23, 2013, requested by A White and Yellow Cab, Inc., dba A Taxi Cab (Public hearing F130.2 noticed for May 28, 2013). This public hearing was continued to July 23, 2093. 42. This is a public hearing to consider a resolution amending Resolution No. 2012 -004 relating to property located at 1006 -1032 North Tustin Avenue, clarifying the scope of easements being acquired for the Tustin Avenue and La Palma Avenue Improvement P121 Project. RESOLUTION NO. 2013 -080 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending prior Resolution No. 2012 -004 relating to property located at 1006 -1032 North Tustin Avenue, clarifying the scope of easements being acquired for the Tustin Avenue and La Palma Avenue Improvement Project (R/W ACQ2010 -00382 and ACQ2010- 00383). Natalie Meeks, Public Works Director, reported on January 10, 2012, Council adopted Resolution No.2012 -004, a resolution of necessity to acquire certain property rights in connection with the Tustin Avenue and La Palma Avenue improvement project. She noted staff City Council Minutes of May 28, 2013 Page 15 of 20 had worked with the property owner overtime, completed the construction plan and design work and was prepared to go forward with construction. She explained there now appeared to be a misunderstanding as to the rights wanted by the city, adding the property condemned had been condemned for a non - exclusive public utility and wall easement. In order to clarify the city's rights and make it clear to the property owner he could use that property and park on that site when the city was not doing its work, staff was asking to amend the resolution. The initial resolution did not describe specifically in what manner the easement was to be non - exclusive. She noted the city, through its contract specifications and construction design and plan processed worked to make sure portions of this non - exclusive easement remained available to the owner of the property, both through the course of construction and on a permanent basis, after construction was completed. This amendment, she stated, would clarify that information. Mayor Tait explained the guidelines for public testimony asking that the owner of record or designated representative for the property limit comments to 1) whether the public interests and necessity required the project, 2) whether the project was planned and located in a manner most compatible to the greatest public good and least private injury, 3) whether the property sought to be acquired was necessary for the project, 4) whether the offer required by Gov. Code Section 7267.2 had been made to the owner or owners of record, and 5) whether the city had meet all other conditions to exercise eminent domain in connection with the property. Mayor Tait opened the public hearing. No individual spoke on behalf of the property owner. William Fitzgerald, Anaheim Home, objected to this project, stating there were other intersections that needed improvements and that much of the city's resources were being used for projects benefitting Anaheim Hills while the majority of communities in the flatlands of Anaheim were short- changed. An individual ready to address the taxicab franchise public hearing was advised that the meeting had been continued to July 23, 2013. Mayor Tait closed the public comments. Mayor Pro Tern Eastman asked for clarification on the funding for this project with Ms. Meeks responding it was funded by transportation funds, consisting of grant funding and some local transportation funding which could not be used for other purposes. Council Member Brandman moved to approve RESOLUTION NO. 2013 -080 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending prior Resolution No. 2012 -004 relating to property located at 1006 -1032 North Tustin Avenue, clarifying the scope of easements being acquired for the Tustin Avenue and La Palma Avenue Improvement Project, seconded by Council Member Kring. Roll Call Vote: Ayes — 5: (Chairman Tait and Council Members: Brandman, Eastman, Kring and Murray.) Noes — 0. Motion Carried. 43. CONDITIONAL USE PERMIT NO. 2010- 05542A (DEV2013- 00014) APPLICANT /OWNER: Bob Jones, 20122 Cypress, Newport Beach, Ca 92660 C220 AGENT: Rick Solberg, 2485 Lupin Hill Road, La Habra Heights, Ca 90631 LOCATION: 830 -832 North Lemon Street (Grandma's House of Hope) An amendment to the conditional use permit for an existing residential care facility that would increase the permitted number of residents from 16 to 23. City Council Minutes of May 28, 2013 Page 16 of 20 Environmental Determination: The proposed action is Categorically Exempt from the requirements to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines, Class 1 (Existing Facilities). ACTION TAKEN BY THE PLANNING COMMISSION: Approved Conditional Use Permit No. 2010- 05542A (Resolution No. 2013 -034) with modification to Condition No. 1 by adding language that an on -site manager shall be included in the permitted number of residents. Added a condition change to the facility's use that the Planning Director shall review the new use and the findings used to support the previous parking variance. Any change to the amount of parking required shall be provided on -site, or a new parking variance shall be processed. VOTE: 5 -0 -1 - Chair Pro - Tempore Persaud and Commissioners Bostwick, Faessel, Lieberman and Seymour voted yes. Commissioner Agarwal abstained. Chair Ramirez was absent (Planning Commission meeting of April 8, 2013) (Appealed by Thomas Long, resident, on April 18, 2013). RESOLUTION NO. 2013 -081 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving an amendment to Conditional Use Permit No. 2010- 05542 (DEV2013- 00014)(830 -832 North Lemon Street). Sheri Vander Dussen, Planning Director, reported Grandma's House of Hope was a residential care facility and an amendment to their conditional use permit was requested to increase the number of residents permitted at the facility from 16 to 22. She noted Grandma's House of Hope was originally approved in 2011 and that approval allowed up to 16 resident clients and one live -in manager. The approval also reduced the number of parking spaces required by the zoning code. In April of this year, Ms. Vander Dussen stated, the Planning Commission approved an amendment to the conditional use permit to increase the number of resident clients to 22 and that decision had been appealed by a nearby resident on Lemon Street. The appellant was concerned that the care facility was too large, and that there was already an existing impact to the neighborhood from a large presence of homeless individuals at La Palma Park and a potential for increased crime with the addition of more residents. Ms. Vander Dussen noted this property was developed with two single family residences and a two -unit apartment building, and it provided food, shelter, job search assistance and computer training for women who might be homeless or who needed refuge from physical threats. She emphasized no children or men were permitted at this home and the applicant wished to be able to house two to three residents per room. She added residents were not allowed to have a car unless there was a physical condition which limited their mobility or their ability to use transit which meant the increase in residents would not increase the demand for parking. Grandma's House of Hope had been in operation for about two years without any complaints. Prior to the Planning Commission meeting, Ms. Vander Dussen stated an inspection of the home was conducted by the city's code enforcement staff; no code violations were observed and there was compliance with all of the conditions of approval imposed by the original conditional use permit. In addition, the police department did not receive any calls for service nor did any crimes on North Lemon Street relate to the homeless population at La Palma Park. She added Grandma's House of Hope provided safe and short-term residence for women in danger of physical harm or homelessness pointing out this type of care facility actually reduced the potential homeless population rather than contributing to the problem. She noted residents were subject to screening standards prior to acceptance in the program and the operation of the facility was subject to oversight and the review of supporting partners including Orange County City Council Minutes of May 28, 2013 Page 17 of 20 United Way. Additionally, residents were and would continue to be supervised by a full -time on- sight manager and as a result the Planning Commission found that the addition of six residents would not be detrimental to the surrounding neighborhood. Those same legal findings required to approve a conditional use permit were required to amend a permit because the addition of six resident clients did not significantly change the operation of this care facility. No code complaints or calls for service indicated the use was incompatible with nearby residents and the Planning Commission found that all of the findings made when Grandma's House of Hope was approved could still be met. The project would continue to provide a supervised place for at risk women while they sought employment and training for a transitional period of up to 24 months. Based on the operational history of this facility, Ms. Vander Dussen announced staff recommended that council deny the requested appeal and uphold the Planning Commission's approval of the amendment to increase the number of residents to 22. Mayor Tait opened the public hearing, establishing guidelines for public speakers. Rick Solberg, architect, remarked he had assisted Grandma's House of Hope over the last number of years both in improvements to their property and in gaining their original conditional use permit and in extending that permit. He reported there was no new construction proposed and that the care facility was increasing the number of residents in existing bedrooms. Jeannette Kreitner, Grandma's House of Hope, was available to answer questions. William Fitzgerald, Anaheim Home, objected to Grandma's House of Hope permit extension, citing lack of parking for the home and the impacts to the neighborhood from the high- density care facility. With no other public speakers, Mayor Tait closed the public hearing. Council Member Kring remarked Mr. Fitzgerald's comments were incorrect and Grandma's House of Hope had helped women who would otherwise be on the street. The owners offered a safe haven and employed methods to make these women productive members of the community and to succeed. She strongly supported granting their expansion. Mayor Pro Tern Eastman confirmed that should this facility be used as a rental rather than a care facility the number of residents and their vehicles could not be limited by the city. She supported Grandma's House of Hope stating it was a win /win situation for all. Council Member Murray concurred, stating the owners of Grandma's House of Hope were truly public servants. Council Member Kring moved to approve RESOLUTION NO. 2013 -081 OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving an amendment to Conditional Use Permit No. 2010- 05542, seconded by Council Member Murray. Roll Call Vote: Ayes — 5: (Mayor Tait and Council Members: Brandman, Eastman, Kring and Murray.) Noes — 0. Motion Carried. REPORT ON CLOSED SESSION: None COUNCIL COMMUNICATIONS: Mayor Pro Tern Eastman spoke about the Angel's express, an OCTA program bringing people from south county to Angel Stadium and back at reasonable prices and the new BRAVO pilot program, a rapid bus transportation service on Harbor Boulevard with limited stops between the Fullerton Transportation Station and MacArthur Boulevard for those individuals looking for fast City Council Minutes of May 28, 2013 Page 18 of 20 transportation to and from work in that area. She spoke of the success of the community garden program, one of her priorities as an Anaheim Council Member, remarking the latest garden was located on Santa Ana Street in the downtown area, called "Wigwag ", a nod to the historical wigwag signals on that railway corridor. Any interested persons could get involved on June 1 St and June 13 at that site. She spoke of the Flag Day celebration with events occurring throughout the day and the 7 th Annual Health Fair she co- chaired with Council Member Brandman. She also appreciated the recognition given to Captain James Vanderbilt, remarking she had served on the Planning Commission when he was a member and recognized he cared deeply for and was a part of this community given his Latino heritage. Lastly, Mayor Pro Tern Eastman remarked the use of speaker cards went smoothly allowing speakers' easy access to the podium and pointing out the Rules of Decorum addressed several times during public comment, had not been changed and were the current rules that had been in effect for some time. Council Member Kring supported the use of speaker cards remarking most agencies she had involvement with used them. She announced the Anaheim Beautiful gala fund - raiser to be held on June 5 remarking $1,000 donations from Anaheim Beautiful had been donated to each of Anaheim's community gardens. Regarding community gardens, she requested staff look into expanding the East Community Garden as there were 65 names on a waiting list hoping to be able to participate. Additionally, she indicated Anaheim Hills Rotary would like to get more involved with the Oak Canyon Nature Center by holding events and concerts there and she hoped to be part of that facilitation effort to make the Oak Canyon Park friendlier to residents. She spoke of her attendance at the Veteran's Memorial and the Loara High School 50 anniversary and also addressed earlier comments by Mr. Larsen remarking she had discussed the $158 million economic assistance agreement with him and at that time was opposed to the agreement. The current development agreement had been modified from that original proposal, with ten percent TOT going back to the general fund for neighborhood revitalization, and a 70 percent, not 80 percent, TOT share offered to the developer. This original agreement had not been recommended by Bob Wingenroth, Finance Manager, however, she pointed out Mr. Wingenroth, the Interim City Manager and Interim City Attorney, along with John Woodhead, Community Development Director, had worked on the current agreement with all coming to the conclusion it was a great plan. She emphasized if the hotels were never built, no funds would go to the developer and that $158 million was never available to the community unless or until the hotels were built and operating. If the project did not work out as anticipated, the money coming back to the developer would be less. With one hotel to be constructed first, the rebate to the developer was anticipated to be between $78 to 80 million and it was only when the second hotel was up and running that the total amount of the subsidy could reach $158 million. She reiterated the current agreement was not the same as the first development assistance agreement and she hoped Mr. Larsen understood why she supported this modified project. Council Member Murray reported on her travel to Washington, DC representing Anaheim with the Association of California Cities and the Orange County Business Council. She noted a number of issues were discussed with members of congress that addressed water, infrastructure, regulatory issues, health care and education. She had also attended the memorial services at the Anaheim Cemetery hosted by the VFW and American Legion and offered her congratulations to 10 year old Paula Mendez and Anaheim Police Dispatcher Leora Navarro for receiving an award from 911 for Kids organization for preventing a tragedy related to a domestic violence incident. Council Member Murray also congratulated the Anaheim high schools that participated in the 11 running of the Solar Cup Race, the nation's largest solar - power boat competition with students across the region participating in this program every year City Council Minutes of May 28, 2013 Page 19 of 20 and generating a real interest in science and technology, She encouraged job seekers and employers to mark their calendars for the Annual Anaheim /OC Job Fair to be held on June 19 at the Convention Center and for detailed information, see Anaheim /OC Job Fair. Addressing the GardenWalk project, Council Member Murray asked residents to review available information online and to sift through the political rhetoric and commentary and find out the real facts posted on Anaheim.net. She stated past economic assistance programs adopted by the city substantiated the economic benefit received since these programs had been put in place. The GardenWalk project did not cost the general fund a single dollar and there was no risk to the general fund to support these programs. The assistance was given in the form of a transient occupancy tax rebate only when the hotels began generating those revenues. The developer, she added, carried the loan with no subsidy whatsoever, and would not see any benefit from the economic assistance program until the hotels were built and in operation. She had made clear her perspective on this project was due to the long -term economic benefit to Anaheim and the limited options to generate new revenues without resorting to taxes and fees. She pointed out in California there were four cities that filed for bankruptcy protection and ten who were on the cusp while Anaheim's budget for the following year would be balanced, contained restored cash reserves, and allowed for reinvesting in core city services since the recession began. She added this was because of the strength of the resort area and business community and because property tax and sales tax dollars were finally starting to return. Council Member Brandman spoke of his attendance at the following events: Veteran's Day dedication ceremony, the Children's Art Festival, the Memorial Day Service, and Loara High School's 50 Anniversary. He thanked Council for highlighting the achievements of Anaheim's students and spoke of the contributions of James Vanderbilt, who had served as a school board trustee and had just returned from military duty in Kuwait. He read a letter he sent to Anaheim Arena Management regarding the in -house transition of the food and beverage services at the Honda Center encouraging a meeting to discuss issues expressed during public comment at recent council meetings. Mayor Tait, addressing an incident that occurred recently on Guinida Lane, requested staff look into a policy that would limit contact between a police officer and family members of the deceased as a result of officer - involved shootings. In addition, he stated a discussion was held in January relative to the establishment of a Citizen Review Commission which was to come back to council for consideration. Mayor Tait believed it was appropriate to bring back that report at this time. Regarding the GardenWalk project, Mayor Tait recommended members of the community read the agreements and do the research, and question why this project was not put to the people for a vote. The facts were a TOT rebate would be given to the developer, possibly until 2042, a deal that no other business was offered, the developer valued his property at $30 million to cover his cost rather than its current worth, that the assumptions used reflected a rate of $250 a night per room at 100 percent occupancy until year 2042 and that there was no requirement in the agreement that the hotels be rated four -star luxury facilities. Council Member Brandman, addressing earlier comments, remarked the parking structure at Disneyland Resort and the Grand Californian included a TOT subsidy which was unanimously approved by the council at that time. Mayor Tait concurred, stating he voted to approve Bill O'Connell's first hotel which did get $7 million subsidy, however, in retrospect, he wished he had not. He added, the Disney project was a bond measure of $500 million to pay for the Convention Center, and the entire infrastructure around the resort district which turned that nearly blighted area to what it was today. City Council Minutes of May 28, 2013 Page 20 of 20 Adjournment: At 8:23 P.M., Mayor Tait adjourned the meeting to June 11, 2013 at 2:00 P.M. for the 2013/14 Budget Public Hearing. Rp3pere,itfully submitted, Linda N. Andal, CIVIC City Clerk