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2012/09/25ANAHEIM CITY COUNCIL REGULAR AND REGULAR ADJOURNED MEETINGS OF SEPTEMBER 25, 2012 The Anaheim City Council was called to order at 3:00 P.M. on September 25, 2012 and adjourned to 4:00 P.M. for lack of a quorum. The regular adjourned council meeting of September 25, 2012 was subsequently called to order at 4:09 P.M. in the chambers of Anaheim City Hall, located at 200 Anaheim Boulevard. Present: Mayor Tom Tait and Council Members: Gail Eastman, Lorri Galloway, and Kris Murray. Absent: Council Member Harry Sidhu. Mayor reported that Council Member Sidhu was out of the country, unavailable for teleconferencing and therefore unable to participate in the meeting. Staff Present: City Manager Bob Wingenroth, City Attorney Cristina Talley, and Secretary Linda Andal A copy of the agenda was posted on September 21, 2012 on the kiosk outside City Hall. ADDITIONS /DELETIONS TO CLOSED SESSION: None PUBLIC COMMENTS ON CLOSED SESSION ITEMS: William Fitzgerald, addressing his comments to the lawsuit regarding Latino representation in the city, predicted Council would continue to delay discussion or action on the lawsuit regardless of legal costs. At 4:12 P.M., Mayor Tait recessed to closed session for consideration of the following items: CLOSED SESSION 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 LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9 of the Government Code) Name of Case: Levert v. City of Anaheim, OCSC Case No. 2010 - 00372738 At 5:11 P.M., the Council meeting was reconvened by Mayor Tait. Invocation: Pastor Jerry Dirmann, Anaheim Foursquare Church Flact Salute: Council Member Kris Murray Presentations: Proclaiming September 25, 2012, as Hotel Housekeepers Recognition Day Council Minutes of September 25, 2012 Page 2 of 15 Mayor Tait remarked September 25 had been designated Hotel Housekeepers Recognition Day, a time to honor the excellent service provided to the tourists and visitors to Anaheim throughout the year. Assemblyman Jose Solorio, Gaston Castellanos, District Director for Congresswoman Loretta Sanchez, and Tammy Tran, representing Senator Lou Correa offered words of support to all the hotel service workers who contributed to the success of the hospitality industry in Orange County. In addition, Sean Robinson, Hilton Hotel and Terry Fuhr, Grand Californian Hotel voiced their appreciation and support for hotel housekeepers, recognizing their collaboration to the success of tourism in the county. Ada Briceno, Unite Here Local 11, accepted the resolutions and certificates on behalf of all hotel service workers, thanking council and hoteliers for recognizing the hard work of housekeepers and room attendants. Recognizing the 2012 Flag Day First Place Essay Winners Marie McFarland announced that over 25,000 grade school students composed essays on "What the American Flag means to me ", with teachers from four school districts reading the essays and selecting the first, second and third place winners who were then invited to march and be recognized during a patriotic program held in June. Ms. McFarland thanked the teachers for their part in this patriotic activity and introduced the award winners. Acceptance of Other Recognitions (To be presented at a later date): Recognizing Albert Pujols on receiving the Latino Sports MVP Award Recognizing Magnolia High School graduates Felipe Sepulveda and Mayra Puentes for their outstanding accomplishments Recognizing the Orange County Hispanic Education Endowment Fund Apple of Gold Honorees At 5:28 P.M., the Anaheim Housing Authority was called to order for a joint public comment session with the City Council. ADDITIONS/DELETIONS TO THE AGENDAS: Staff requested Item No. 27, a proposed ordinance on wild and exotic animals, be removed from the agenda. Council Member Galloway explained that after much research and meeting with local animal protection agencies and others, she proposed a ban on using exotic animals for entertainment in the city. She had since been approached by those same animal protection agencies who asked her to consider placing this item before council has since requested the proposal be withdrawn because they did not feel enough time was allowed to carefully consider the evidence and background information produced. For those reasons, she requested Item No. 27 be withdrawn. PUBLIC COMMENTS (all agenda items, except public hearing): Tony Rackaucas, Orange County District Attorney, advocated for the passage of an ordinance to protect Anaheim's children from registered sex offenders in city parks and other city facilities. He understood Anaheim was now considering such legislation, emphasizing it was needed and was working well in the county with a number of offenders charged with violating the ordinance and properly processed. Mayor Tait thanked the District Attorney for his support, indicating that he and the Anaheim's city attorney had developed an ordinance that would be available for the next council session. Council Minutes of September 25, 2012 Page 3 of 15 Cecil Corcoran Jordan, Outreach Homeless Ministries, updated the community on his recent activities related to the bible. Brian Chuchua, resident, supported new local government leadership, and urged residents to vote in November. Carla Castro supported a ban on the use of exotic animals in circuses and was disappointed by the withdrawal of Item No. 27. An unidentified speaker supported a ban on the use of exotic animals in circuses citing the cruelties these animals suffered during training, performing and traveling. William Fitzgerald spoke in opposition to the Clark Construction project award for the ARTIC project alleging the Buy America provision would not be followed which would translate to extra profit for the construction company. Ms. Manchester, PETA attorney, voiced her support for a ban on the use of exotic animals in circuses urging the city to enact the ban when the issue was considered in the future. Dorothy Rose announced that once a year, the Orange County Symphony gave a gift of a concert dedicated to the children of Anaheim and North Orange County with a Halloween theme and each child in costume may attend with the entire family for free. She urged the community to support the symphony by attending the summer concerts. Duane Roberts, resident, thanked Mayor Tait for contacting him regarding his recommendation to change council meeting starting times from 5:00 P.M. to 7:00 P.M. He hoped to see this agendized in the future stating it would receive broad community support. Jocelyn Heaney supported a ban on the use of exotic animals for performance emphasizing the numerous alternatives for family entertainment that existed, including events such as the Cirque Du Soleil that focused on acrobatic skills rather than animal acts. Connie Pearson, Orange County resident, added her voice to the ban on using exotic animals for profit. Evelyn Martinez, resident, supported the ban on traveling circuses because of the cruelties those animals endured. Megan Nisson supported the ban on wild animal circus acts adding that mankind had an obligation to protect those in need. Chris Ricarrdi, artist, supported the ban on exotic circus animals stating he felt compelled to speak out on behalf of these animals. Barbara Liddy, Teamsters Union Local 396, announced that over 200 union members worked directly for the circus and if this proposed ban were enacted, jobs and revenue income would be eliminated at a time when both were most needed. She emphasized union workers were protected by collective bargaining rights which gave them the ability to voice their concerns should animals be abused. Jan Krema, Animal Defenders International (ADI), announced that the campaign to ban the use of exotic animals in circuses was just beginning and her organization had been instrumental in enacting bans in over 20 countries, 200 local bans in Great Britain and 34 bans in the United Council Minutes of September 25, 2012 Page 4 of 15 States. She emphasized the circumstances of a traveling circus could not possibly provide animals with the kind of facilities and space they needed to be healthy and happy and replacing these acts with other alternatives had been proven successful in those countries with a ban in place. Matt Rosell, ADI campaign director, pointed to the overwhelming response from the public about the abuse of animals in traveling circuses stating the enlightened public was now calling on elected officials to act because of clear evidence that the well -being of animals could not be met in traveling circuses. Ron Minella voiced his support for a ban on wild animals, speaking as a former elephant trainer and groomer in the circus. He detailed the type of training tools and force used on elephants during training. Heather Deer,supported the ban on circus animal acts, stating she had protested against Ringling Bros. at 12 venues and had personally witnessed the abuses suffered by animals and the harassment protesters received by Ringling employees. Alicia Koberstein supported the ban on traveling exotic animal acts performing in Anaheim and had hoped council would enact the ban this evening to extend the city's culture of kindness to animals. Thomas Albert, Feld Entertainment, producer of Ringling Bros and Barnum & Bailey Circus remarked the 140,000 people who attended the Ringling show in Anaheim each year should have their voices count in support of the popularity of circuses. He added there were three levels of care in place governing the care and treatment of performing animals and unannounced inspections by the USDA were performed regularly to insure proper animal care and treatment. He added the USDA regulations specifically prohibited training of animals through abuse or mistreatment and Ringling had never been denied or had a permit revoked. Dr. Dennis Schmidt, chair of veterinary care for Ringiing Bros. and the Center for Elephant Conservation, discussed the veterinary team's background and experience and how they determined circus animals were healthy and doing well in their environment. Sarah Conley, opposed the ban on circus animals, remarking PETA and other animals rights extremists were using donated funds for political issues, not animal welfare or the preservation of endangered species or curing a disease that destroyed one out of four elephants whether in captivity or the wild. She believed the statements issued by PETA were not credible versus the statements made by Dr. Schmidt, a leading animal veterinarian. Ernesto Madrano, Teamsters 952, remarked there were over 9,000 members in the Orange County community and surrounding areas, many of whom lived and worked in Anaheim. He stood in support of Local 688, that represented the 200 or more employees working for Ringling Bros. and Barnum & Bailey Circus, remarking these employees were unfairly characterized by animal rights supporters. Jarret Lovell, supported the ban on exotic circus animals, stating it was not economically necessary nor morally sound and displayed the worst tendencies of humans to act inhumanely while profiting on the biological differences of these exotic animals. Council Minutes of September 25, 2012 Page 5 of 15 Dina Kourda, Animal Protection & Rescue League, reported the Cirque du Soleil annual revenue was over $850 million, and extended an invitation to council to a benefit for retired circus animals. Laura Cooley, Animal Protection & Rescue League, stated the existing regulations on animal care were not enough as time after time circus owners were found to be neglectful or abusive toward their animals. She added Ringling Bros. had paid a number of fines to the USDA, the largest one paid in 2011. She believed the younger generation who viewed the types of behind the scenes footage related to circus animals abuse were ready to no longer be a part of this type of entertainment and urged council to reconsider a ban. Marcella S. spoke on behalf of the circus animal ban, remarking that human acts were just as profitable and entertaining to families as wild animal performances. An unidentified speaker, spoke out against the use of exotic animals in circuses, remarking humans were supposed to be a higher species and not here to exploit animals for profit. Julie Corosco, resident and business owner, supported the ban on traveling circuses for all the reasons stated earlier and urged council and the Chamber of Commerce to consider bringing in a show like Cirque du Soleil in its place. An unidentified speaker remarked that exotic animals were not necessary for a circus to succeed, pointing to the Cole Brothers circus, a smaller animal free production that was doing well. She added a $500 million corporation that produced Disney on Ice, Disney Live and many other animal free entertainment acts could continue to impress spectators at the Honda Center without the use of exotic animals. Lindsey Vaslaski stated she had spent much of her summer protesting Ringling Bros performances at the Honda Center and had viewed the mistreatment of animals personally. She added the internet contained much information on cruelty to circus animals as well as multiple USDA violations by various circuses, asking that council reconsider the ban on exotic animals. Byron Costa complained of abuse by Anaheim police explaining the various circumstances leading to his arrest and subsequent transfer to a Santa Ana jail. Mayor Tait confirmed that Mr. Costa had spoken to Chief Welter regarding his complaints. An unidentified speaker reported meeting with Hermosa Village management to help resolve Francisco Dowry, Martin Sanchez and Renaldo Gutierrez parking problems associated with residing in buildings not yet owned by the Reliable Company. Mayor Tait requested the city manager look into this matter. Moses Seinroy, resident, voiced his support for a ban against exotic animal acts remarking as an educator, he believed it was important to teach future citizens to be compassionate and to take care of animals. Mr. Mazin explained he was disabled, was on the verge of getting evicted and on a waiting list for Section 8 housing in Anaheim, asking council for help to expedite his housing application. Mayor Tait asked the city manager to provide appropriate contact information and other possible opportunities. Council Minutes of September 25, 2012 Page 6of15 Louisa Sanchez, resident, indicated she regularly fed the homeless in La Palma Park and had seen force used by police officers to coerce them into leaving the park or comments made that they were not wanted and should go to another city. She was concerned over these actions, remarking the park was open until 10 p.m. and the homeless had the right to be there. Rene, non - resident, complained that nothing had been done to address the police brutality issue she had complained about last October and six young men had lost their lives since then. She emphasized there would be no healing in store for Anaheim until its citizens felt safe and officers were held accountable. Regarding the homeless in La Palma Park, she asked an area be designated where they could stay and not be evicted after the 10 P.M. curfew. An unidentified speaker reported her niece had returned home from Bus 11 smelling like marijuana two days in a row and she had brought it to the school board's attention with the result being the kids smoking marijuana were expelled although the bus driver was still working when she allowed this to happen on the bus. She asked the city to look into problems occurring in Bus 11 and 12. An unidentified speaker supported the prohibition on sex offenders in city parks, remarking there were a number of cities in Orange County with similar ordinances and encouraged Anaheim to enact one quickly for public safety purposes. Ron Bengochea, resident, inquired whether Clark Construction Company would be buying American products and using American labor. Alex supported the ban on wild animals in circuses, encouraging council to consider it in the near future. Tim Conlon, California Yellow Cab, speaking to Item No. 4, did not support Council's permitting 50 cabs to A -Taxi despite clear evidence of several violations throughout the franchise term, including operating vehicles without the required insurance, unpaid liability judgments, and misleading statements that should have disqualified them from consideration. He stated he had received a call from Vernon Oates, the CPA who was reported to have reviewed and signed off on the financial documents provided to staff by A -Taxi, making it clear he had nothing to do with the preparation of those financial documents and had not heard of A -Taxi. He also pointed out Mr. Oates was Director of Finance for the SOCAL Public Power Authority, which would mean that staff could have had clear access to him. He requested council repeal the award of 50 permits to A -Taxi because of their duplicity. An unidentified speak supported the ban on wild animal acts. Wendy McKay opposed any ban on exotic animals in traveling circuses stating it would eliminate much needed union jobs. She pointed out that youthful Chinese acrobats participating in animal -free circuses also received harsh training techniques. Carol Burns, resident and former aerialist, spoke of her personal experience with trainers who cared and protected their animals because to do otherwise would jeopardize their livelihood. Konstanino Roditis, addressed his comments to Item No. 4, asking the council to approve the request for rehearing. He believed his 24/7 package was not thoroughly evaluated, both initially and at the rehearing on August 21s' and he listed the additional documents supporting his Council Minutes of September 25, 2012 Page 7 of 15 original application which included additional letters of recommendation, organizational charts for franchise personnel, management and quality assurance, description of each position's duties, additional expansion of expenses for profit and loss statements, projected leases, expansion on facilities, the five star training program, customer relations, 24/7 creed, 24/7 motto, and the 24/7 promise. Other data dealing with customer satisfaction, taxicab screening and training and expansion on the dispatch and call center was included as well. He believed his financials, the use of brand new CNG vehicles and the same computerized system as Yellow Cab was not considered. Kelly Sawyer invited the community to do their own research by access on circus animal abuse by accessing links on federal trial information regarding the Ringling Bros. trial. In addition, information was available on the Center for Elephant Conservation which was under quarantine since 2007 with a mutated strain of TB, emphasizing the public safety issue this disease posed to humans. With so many articles of information available, she strongly supported a ban on traveling exotic animal acts. Ozzie Vegas supported a ban on wild animal acts in circuses as a lifestyle he could not approve for any animal chained to cages and only released to work or perform. William Gray, 18004MyTaxi, remarked that the grading of taxi proposals was a careful and deliberate examination by the advisory committee and the results had been the same during each bidding process. in 2009, 24/7 received a non - passing score of 61.8 and in 2012, they received a non- passing score of 62.25. The only factual difference in the scoring compared to 2009 was the fact that the third ranked proposer received zero points for financials, and 24/7 still did not surpass the third ranked proposer. He added the franchise process had been fair and consistent, and had been evaluated by the advisory committee, staff and council and ultimately decided upon by thousands of customers who used the current franchisees with very little service issues. MaryAnn Cazelle, addressing Item No. 4, spoke on behalf of A White and Yellow Cab and against the request for rehearing being granted. She added it should be denied because it sought the reconsideration of a hearing that was held on August 21" which was void because it arose out of the same void granting a request for rehearing on June 19 That request, she stated, was flawed because it was groundless and based on no or improper notice of the hearing among other reasons. She added that California Yellow Cab spoke earlier in an attempt to take over A White and Yellow Cab's 50 permits that were granted which should not be considered at this late date as it was based on hearsay and double hearsay and a void hearing. The actions taken on August 21 st were de facto valid and because they effectively reinstated the only valid action in this process which was the franchise award given on May 29 Kenneth Zwick, A White and Yellow Cab, stated the 24/7 request for rehearing was not based on any valid grounds. On the grounds that it was not a fair hearing and the petitioner was deprived of their rights, both the May 8 th and August 21 hearing allowed 24/7 to make a full presentation and based on the comments by council and staff, they were fully considered, and the concept of an unfair hearing did not hold true. To the grounds that prejudicial abuse of discretion under California Code of Civil Procedure, Section 1094.5 occurred, she added this standard was not met. As the request for rehearing submitted by 24/7 made broad allegations of prejudice on behalf of various members of council happened, that was not what prejudicial abuse of discretion meant. Prejudicial abuse of discretion referred to a decision made contrary to law and unsupported by any findings or evidence, and in the city's case, the thorough reports put together by staff had both evidence and findings established and supported by law. Lastly, Council Minutes of September 25, 2012 Page 8 of 15 the third basis, was there was new relevant evidence and yet, he informed, there was no new evidence presented, just the complaint that there was not a fair hearing because they did not receive a franchise. Mr. Zwick added the three grounds on which 24/7 alleged they should be entitled for a request for rehearing was not valid and council should go forward with the May 29 decision which was adopted again on August 21 Melanie Shaw supported the ban on exotic circus animals referencing animal abuse, neglect, and continual confinement. Jodie Pollard, supported the ban on circus animals, remarking the evidence on animal abuses was heartbreaking to watch and compelled her to speak out and protest against the abuse. Katie Maneeley, supported the ban on exotic animals in circuses but was appreciative it had been taken off the agenda as not all of the council members had been informed of the facts and evidence on the treatment of circus animals and she hoped for an opportunity for all members of the council to become educated and make a sound decision on this issue in the future. At 7:51 P.M., Council session was recessed to consider the Anaheim Housing Authority agenda, reconvening at 7:53 P.M. CONSENT CALENDAR: Mayor Tait indicated he would abstain on Item Nos. 12 and 13, as his firm had worked with Orange County Water District. He then removed Item No. 22 from the consent calendar for further discussion with Council Member Eastman pulling Item Nos. 4 and 14. Council Member Galloway then moved to waive reading in full of all ordinances and resolutions and to approve the balance of the consent calendar as presented, seconded by Council Member Eastman. Roll Call Vote: Ayes — 4: (Mayor Tait and Council Members: Eastman, Galloway, and Murray). Noes — 0. Absent -1: Mayor Pro Tem Sidhu. Motion Carried. B105 3. Appoint Dr. Greg Schulz to the Anaheim Workforce Investment Board, representing the public sector, to an unexpired term ending July 20, 2013. D117 5. Approve the Investment Portfolio Report for August 2012. 6. Postpone offsite council meetings for the remainder of the calendar year and hold the D113 remaining regularly scheduled meetings in the council chambers. 7. Accept the lowest responsive bid of Pardess Air, Inc., in an amount not to exceed D180 $909,650 (including tax), for replacement of the air handlers at the Police Department Headquarters, in accordance with Bid # 7702, and amend the Public Works' fiscal year 2012/13 budget accordingly. 8. Approve a License Agreement with Magnolia School District for non - exclusive use of the designated activity areas of the West Anaheim Youth Center for the purpose of AGR- 4462.A conducting education -based programs for a period of five years. 9. Approve an amendment to the License Agreement with Southern California Edison Company (SCE) increasing the rental fee in an amount not to exceed the CPI for the AGR- 4735.1 continued use of SCE property for the operation of recreational facilities at Maxwell Park. 10. Approve the First Amendment to Agreement with Moore lacofano Goltsman, Inc., extending the term of the agreement to September 1, 2013 for the completion of the AGR.6810.1 Anaheim Outdoors Connectivity Plan_ Council Minutes of September 25, 2012 Page 9of15 11. Approve and authorize the Director of Community Services to execute an agreement AGRA962.1 with SirsiDynix Corporation dba SirsiDynix, in the amount of $72,213.24, to provide software licenses and maintenance services for the Anaheim Public Library for fiscal year 2012113 and authorize the Director of Community Services to approve up to four one -year renewals, not to exceed a 5% increase each year. 12. Approve and authorize the Public Utilities General Manager to execute and to take the necessary actions to implement a Memorandum of Understanding, and any other related AG R.7344 documents, with the Orange County Water District for collaboration on projects submitted for Round 2 of the Proposition 84 Integrated Regional Water Management Implementation Grant Program. Mayor Tait abstained due to a potential conflict of interest as his firm had worked with Orange County Water District. Roll call vote: Ayes — 3:(Council Members: Eastman, Galloway and Murray). Noes — 0. Abstention — 1: Mayor Tait. Absence — 1: Council Member Sidhu. Motion to approved carried. 13. Approve and authorize the Public Works Director and Public Utilities General Manager to AGR -7345 take the necessary actions to implement an agreement with the Orange County Water District for pipelines within City right -of -way for the North Basin Groundwater Protection Project. Mayor Tait abstained due to a potential conflict of interest. Roll call vote: Ayes — 3: (Council Members: Eastman, Galloway and Murray). Noes — 0. Abstention — 1: Mayor Tait. Absence — 1: Council Member Sidhu. Motion to approve carried. 15. Approve and authorize the City Manager to execute an agreement with RBF Consulting, AGR- 4960.A in an amount not to exceed $ 138,109, to prepare an update for the General Plan Housing Element. 16. Approve an agreement with Wellness Solutions, Inc., in an amount not to exceed $141,351, for the management and coordination of the Police Department's Wellness AGR.2892.F Incentive Program for a one year period with four one -year optional renewals and authorize the Chief of Police to execute any amendments or optional renewals under the terms and conditions of the existing agreement. 17. RESOLUTION NO. 2012 -112 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 State of California, Office of Traffic R100 Safety (OTS), authorizing the Chief to execute all required grant documents and to accept the grant on behalf of the City, and amending the budget for fiscal year 2012 -13 accordingly (AVOID DUI Campaign Grant program). 18. RESOLUTION NO. 2012 -113 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the Chief of Police or his designee to submit a grant R100 application on behalf of the City of Anaheim to the State of California, Office of Traffic Safety (OTS), authorizing the Chief to execute all required grant documents and to accept the grant on behalf of the City, and amending the budget for fiscal year 2012 -13 accordingly (STEP Grant program). Council Minutes of September 25, 2012 Page 10 of 15 19. RESOLUTION NO. 2012 -114 A RESOLUTION OF THE CITY COUNCIL OF THE 8100 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 State of California, Office of Traffic Safety (OTS), authorizing the Chief to execute all required grant documents and to accept the grant on behalf of the City, and amending the budget for fiscal year 2012 -13 accordingly (Sobriety Checkpoint Grant Program). 20, RESOLUTION NO. 2012 -115 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 U.S. Department of Justice, Office of R100 Justice Programs, for the fiscal year 2012 Enhanced Collaborative Model to Combat Human Trafficking Grant Program, and authorizing the Chief to execute all required grant documents and to accept the grant on behalf of the City, and amending the budget for fiscal year 2012 -13 accordingly. 21. RESOLUTION NO. 2012 -116 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the Fire Chief or his designee to submit a grant R100 application on behalf of the City of Anaheim to the Fireman's Fund Insurance Company Heritage Program, and if awarded, authorizing the acceptance of such grant on behalf of the City, and amending the budget accordingly. 23. RESOLUTION NO. 2012 -118 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the destruction of certain city records more than two R100 years old (Convention Center). 24. ORDINANCE NO. 6255 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM (1) approving Amendment No. 1 to Development Agreement No. 2006 -00004 AGRA829.1 by and between the City of Anaheim and AMB Platinum, LLC, (2) making certain findings related thereto, and (3) authorizing the Mayor to execute said amendment on behalf of the City (DEV2012- 00036) (Introduced at Council meeting of September 11, 2012, Public Hearing Item No. 14). 25. Approve minutes of the Council meetings of August 21, 2012, August 28, 2012 and September 11, 2012. END OF CONSENT CALENDAR: 4. Deny the Request for Rehearing submitted by 2417 Taxi Cab relating to the taxicab F130.2 franchise (Public hearing held on August 21, 2012, Item No. 48). Sheri Vander Dussen, Planning Director, remarked the issue before council was whether or not they wished to conduct another rehearing on the award of the taxi franchises. Testimony had been given during public comments, some of which council had heard at previous public hearings regarding the various franchise applications submitted. At this point, Ms. Vander Dussen stated, staff did not believe there was any technical reason why council should grant a rehearing. Council Member Eastman asked for the city attorney's opinion on the conduct of the franchise award. Ms. Talley responded council acted appropriately in all aspects in conducting both rehearings that were before them. The last hearing was a de denovo hearing and all testimony was considered and findings made in accordance with the evidence presented. She added in Council Minutes of September 25, 2012 Page 11 of 15 regard to the request for rehearing, under the Municipal Code, there were three grounds under which a rehearing should be granted and if council should find one or a combination of those three reasons existed, council would have the discretion to grant a rehearing. The first basis was that there was not a fair hearing and 24/7 was deprived of their rights, the second basis that there was a prejudicial abuse of discretion by the council in not following the code and the third basis was there was relevant evidence that could not have been reasonably submitted at the time of the hearings that had now come to the attention of the City Council. Council Member Eastman remarked that 24/7 alleged they had submitted data that would have changed their standings which was disregarded. Sheri Vander Dussen replied that all additional information submitted by each of the taxi companies had been submitted to council as well as a summary of that information in the staff report. She added the taxi advisory committee had not been reconvened and did not reevaluate the applications as was also stated in the hearings. Council Member Murray remarked there were serious allegations during public testimony that fraudulent information was submitted for consideration by the advisory committee and the person who submitted documents was denying reviewing that information. She asked that the allegation be investigated and council be apprised whether truthful information had been presented. Council Member Eastman then inquired whether it would be appropriate to continue this item until that investigation was provided with the city attorney responding that the request for rehearing could not be continued as the city was obligated to act within 30 days of the request or it was deemed denied by law. Mayor Tait then moved to accept staff's recommendation to deny the request for rehearing, seconded by Council Member Galloway. Roll Call Vote: Ayes — 3: (Mayor Tait and Council Members Galloway and Murray. Noes — 1: Council Member Eastman. Absence — 1: Council Member. Motion to deny request for rehearing approved. 14. Approve and authorize the Acquisition and Funding Agreement between the City, Anaheim Community Facilities District No. 08 -1 (Platinum Triangle) and Coastal SFA Anaheim I, LLC, in the purchase price not to exceed $216,383, for the City to acquire AGR.7346 public facilities relating to roadway improvements on State College Boulevard, and authorize and direct the Director of Public Works to approve request(s) for payment in accordance with provisions of the agreement and its exhibit and to take any and all actions necessary to accomplish the purposes of the agreement. Natalie Meeks, Public Works Director explained community facilities districts were established in the Platinum Triangle when that area was rezoned to fund the backbone infrastructure for development which included widening of arterial streets, upsizing of sewers and related infrastructure necessary to support the new zoning in that area. Rather than have that burden be on the City, it was placed on those properties being redeveloped and then sold, requiring payment of a special tax for a number of years to fund those infrastructure improvements. She indicated the plan was that the city would take those special taxes and construct most of the infrastructure, however, in some instances projects moved forward ahead of the city's schedule. In this specific instance, Ms. Meeks explained, the developer performed the street widening and other infrastructure improvements adjacent to their property that was necessary in order for them to develop their property and the action before council would reimburse the developer from this special tax fund for their portion of the infrastructure improvements instead of the City making those improvements several years later. Council Minutes of September 25, 2012 Page 12 of 15 Council Member Eastman emphasized that the general fund was not backing these improvements and the funds were derived from special taxes paid by the developers. Council Member Eastman then moved to approve Item No. 14, seconded by Council Member Galloway. Roll Call Vote: Ayes — 4: (Mayor Tait and Council Members: Eastman, Galloway and Murray.) Noes — 0. Absence — 1: Council Member Sidhu. Motion carried. 22. RESOLUTION NO. 2012 -117 A RESOLUTION OF THE CITY COUNCIL OF THE D154.3 CITY OF ANAHEIM adopting a new Memorandum of Understanding establishing terms and conditions of employment for employees in classifications assigned to the Anaheim Police Management Association. Mayor Tait indicated that police management, lieutenants and captains had recently formed an association and this agreement established their terms and conditions of employment. One provision that Mayor Tait felt he could not support was the loss of flexibility for change in the command staff. He believed it was imperative for the police chief or any management structure to have the ability to choose members of the management team and for this reason; he would not be supporting this agreement. Council Member Murray moved to approve RESOLUTION NO. 2012 -117 OF THE CITY COUNCIL OF THE CITY OF ANAHEIM adopting a new Memorandum of Understanding establishing terms and conditions of employment for employees in classifications assigned to the Anaheim Police Management Association, seconded by Council Member Eastman. Roll Call Vote: Ayes — 3: (Council Members: Eastman, Galloway and Murray). Noes — 1: Mayor Tait. Absence — 1: Council Member Sidhu. Motion approved. 26. Set the initial meeting date of Thursday, October 18, 2012 for the Citizens Advisory B105 Committee on Elections and Community Involvement, at one of the City's community centers, to be determined by staff based on availability. Greg Garcia, Deputy City Manager, reported council had established the Anaheim Citizens Advisory Committee on Elections and Community Involvement on August 8, 2012 with the purpose of conducting a comprehensive study on the city's election process. The goal of this committee, he explained, would be to use all available resources, studies and data and then provide council with recommendations on how to best involve all ethnic and racial groups in local elections. The recommendations would be used to advise council on important issues prior to seeking any changes to the City Charter or system of government. One of the first steps in this process, he added, was the committee appointments with each member of council appointing two members to the committee. Council members made their appointments with the exception of Council Member Sidhu, who was out of the country and would complete his appointments the week of October 2 " The appointments at this point in time were: Bill Dalati, Vivian Pham, Larry Larsen, Martin Lopez, Anthony Armas, Gloria Ma'ae, David Diaz and Joseph Karoki. Mr. Garcia noted that information related to this committee and its committee members was posted on Anaheim's web site. Per the resolution establishing this committee, the action now before council was to establish an initial meeting date for the committee. Mr. Garcia added staff recommended the initial meeting be set for Thursday, October 18, 2012 at a community facility based on availability. Meeting dates for the remainder of the committee's term would be determined by the committee at their initial meeting, holding meetings on a monthly basis at a minimum and in different parts of the Council Minutes of September 25, 2012 Page 13 of 15 city. He noted the committee and its members would also be governed by the Brown Act so all meetings were open to the public and all meeting dates and other related announcements and documents would be posted on line to be made available to the public. Ultimately, he explained, this committee would be tasked with providing recommendations in writing to the council by May 31, 2013. Council Member Murray remarked on the importance of this opportunity to involve citizens in a full understanding of the law and in determining how Anaheim would be governed, and to bring about a more successful election process all around. Council Member Eastman mentioned that one of the questions posed to council was to schedule public meetings to accommodate the public's ability to attend. Mr. Garcia remarked that staff recommendation for the October 18 meeting was 6:00 P.M. Council Member Murray moved to establish the initial meeting date of Thursday, October 18, 2012 for the Citizens Advisory Committee on Elections and Community Involvement, at one of the City's community centers, to be determined by staff based on availability, seconded by Council Member Eastman. Roll Call Vote: Ayes — 4:(Mayor Tait and Council Members: Eastman, Galloway and Murray). Noes — 0. Absence — 1: Mayor Pro Tem Sidhu. Motion Carried. 27. ORDINANCE NO. (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM repealing Chapter 8.20 of Title 8 of the Anaheim Municipal Code in its entirety and adding new Sections 8.18.010 through 8.18.040, inclusive, of new Chapter 8.18 of Title 8 of the Anaheim Municipal Code relating to wild and exotic animals. Item 27 withdrawn from the agenda. PUBLIC HEARING: 28. This is a public hearing to consider a resolution approving the issuance of bonds by the Anaheim Housing Authority for the Paseo Village Apartments located at 1115 North B130 Citron Street, RESOLUTION NO. 2012 -119 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 Paseo Village Apartments. John Woodhead, Executive Director of Community Development, reported this was a public hearing required under TEFRA to consider a resolution which would approve the issuance of bonds by the Anaheim Housing Authority for the Paseo Village apartments located at 1115 North Citron Street. In 1996, the Authority entered into a ground lease agreement with Related California for the disposition and rehabilitation of a 176 unit apartment building. Recently, he added, the Authority received a request by Related California to issue tax exempt housing bonds on behalf of the developer to refinance the project and make certain capital improvements and in exchange for assisting with the financing, the affordability covenants under the ground lease would be extended by an additional 60 years. He noted the bond issuance was anticipated not to exceed an amount of $24 million, to be repaid from project revenues, with no default risk to the city or the Housing Authority should the developer fail to meet the bond payment obligations. Council Minutes of September 25, 2012 Page 14 of 15 Mr. Woodhead further stated that Council approval of the issuance of Housing Authority bonds was required by state and federal law and in order to move the project forward and complete the California Debt Limit Allocation Committee application process, staff was requesting approval of the resolution in accordance with the Internal Revenue Code. Mayor Tait opened public hearing. William Fitzgerald, Anaheim Home, objected to this action, stating it was a giveaway of public monies to a wealthy developer and left the city and state at risk. With no other comments offered, Mayor Tait closed the hearing. Council Member Galloway moved to approve RESOLUTION NO. 2012 -119 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 Paseo Village Apartments, seconded by Council Member Murray. Roll Call Vote: Ayes — 4: (Mayor Tait and Council Members: Eastman, Galloway and Murray). Noes — 0. Absence — 1: Council Member Sidhu. Motion to approve resolution carried. REPORT ON CLOSED SESSION: None COUNCIL COMMUNICATIONS: Council Member Murray thanked District Attorney Anthony Rackaucas and Erin Runnion for advocating and bringing forward an ordinance prohibiting sex offenders from loitering and congregating in city parks and requested the item be agendized on the October 23 agenda or sooner. She thanked the housekeepers and representatives that were here to celebrate Hotel Housekeepers Recognition Day remarking their hard work and dedication was a direct reflection of the Resort district's success. She also acknowledged that the City of Anaheim won the Gold Hub of Innovation Award from ACC -OC for its forward thinking in pension reform, congratulating staff on that effort. Council Member Galloway was appreciative of the recognition honoring the hotel housekeepers, a special event to celebrate their contribution to the hospitality industry. She announced a fundraiser for the Family Justice Center to be held at the Anaheim Brewery on October 4 th and informed the community of events celebrating Hispanic Heritage Month at the local libraries. Council Member Eastman thanked the many applicants who applied to the Citizen Advisory Committee and encouraged residents to attend and participate in the meetings of the Committee. She spoke of the Military Banner Ceremony and the unveiling of 19 new military banners for Anaheim service men and women. She also announced a CHOC fundraiser with 10 year old Adela Jaurequi as CHOC Ambassador scheduled for September 28th at the Red Lion Hotel, encouraging the community to attend this worthwhile charity. She expressed concern about the increase in cars parked with "for sale" signs on major streets and requested an ordinance addressing this issue be placed on a future agenda. Mayor Tait spoke of the Military Banner Ceremony in honor of fallen hero Christian San Nicolas and the Military Banner Program designed to honor Anaheim residents currently serving in the military. On this date, 19 banners honoring active servicemen and women were unveiled. He thanked Lieutenant Colonel Rob Salome and Master Sergeant Billy Chaney for their inspiring words. He also advised that the investigation regarding the officer - involved incident Council Minutes of September 25, 2012 Page 15 of 15 that occurred in July was on -going with the District Attorney's Office and he was working with the City Manager on a Citizen Review Committee that would be presented at a future agenda. Adjournment: At 8:40 P.M., with no other business to conduct, the meeting of September 25, 2012 was adjourned. Res tfully submitted, Q Linda N. Andal, CIVIC City Clerk