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2013/02/19ANAHEIM CITY COUNCIL REGULAR MEETING OF FEBRUARY 19, 2013 The regular meeting of February 19, 2013 was called to order at 3:03 P.M. in the chambers of Anaheim City Hall located at 200 Anaheim Boulevard. Present: Mayor Tom Tait and Council Members: Jordan Brandman, Gail Eastman, Lucille Kring, and Kris Murray. Staff Present: City Manager Bob Wingenroth, Senior Assistant City Attorney Kristin Pelletier, and City Clerk Linda Andal. ADDITIONS /DELETIONS TO CLOSED SESSION: None PUBLIC COMMENTS ON CLOSED SESSION ITEMS: None At 5:05 P.M., Council recessed to closed session for consideration of the following items: CLOSED SESSION PUBLIC EMPLOYEE APPOINTMENT (California Government Code Section 54957(b)(1) Title: Interim City Attorney 2. CONFERENCE WITH LABOR NEGOTIATORS (Subdivision (a) of Section 54957.6 of the Government Code) Agency Designated Representatives: Bob Wingenroth and Kristine Ridge Position: Interim City Attorney The City Council session was reconvened at 5:05 P.M. with the closed session agenda to be continued at the end of the council agenda. Invocation: Pastor Ed Bartel, Sunkist Community Church Flag Salute: Mayor Pro Tern Gail Eastman Presentations: Recognizing Abraham Lincoln Elementary School for the dedication of its newly reconstructed campus Mayor Tait recognized Dr. Jose Moreno and Bob Gardner, along with Principal Tammy Ledesma and Dr. Mary Grace, Assistant Superintendent of Education Services with the Anaheim City School District. Principal Tammy Ledesma thanked Mayor Tait and City Council for attending the grand reopening of Abraham Lincoln Elementary School on Friday, February 15 remarking both staff and students were looking forward to their long- awaited state -of -the — art facility. She added the students and staff were most important, however, the building was the icing on the cake. Council Minutes of February 19, 2013 Page 2 of 13 Acceptance of Other Recognitions (To be presented at a later date): Recognizing Carolyn Cavecche as the Community Foundation of Orange Honoree Recognizing the Orange County Chapter of Jack and Jill of America on their 30th Anniversary Recognizing the U. S. Department of Labor on their 100th Anniversary Proclaiming February 2013, as Black History Month Bob McDonnell, resident, remarked there were many present to accept the Black History Month proclamation acknowledging Pastor Leon Clark from Orange County Heritage Council, Donald Craig from NAACP, Ernesto Wright from the Green Foundation, Joan Powell from the National Council of Negro Women, Gail Nelson from Orange County NAACP, Reverend Curtis Roberson from Graceland Community Baptist Church, Grace Sampler and Kathy Woodard from the Orange County Council of Negro Women, all present in celebration of the 150 anniversary of the Emancipation Proclamation and the 50 anniversary of Dr. Martin Luther King's march on Washington, D.C. for jobs and freedom. Mayor Tait remarked it was an honor to host the Black History parade in Anaheim for the last two years and looked forward to its continued success. ADDITIONS/DELETIONS TO THE AGENDA: None PUBLIC COMMENTS (all agenda items, except public hearing): Cecil Jordan Corcoran, Outreach Homeless Ministries, discussed gang activities in local schools and the need to ban assault weapons. Jerry O'Keefe, resident, supported permit parking to solve parking issues on Crescent, Euclid, Manor, and Laurel Streets, commending the City for taking this action. James Robert Reade, resident, addressed Eastside gang members and the need for responsible parents and parental intervention to combat gang activities. German Santos, resident, spoke in support of a civilian police oversight commission, reflecting on issues he had with various local law enforcement agencies in Orange County related to his engineering work in Bogota, Columbia. Alexandra Lopez, speaking to the death of Martin Hernandez, remarked there were too many unanswered questions related to officer - involved shootings, asking that the council seek those answers on behalf of the families. Sonia Hernandez, addressing her brother's death (Martin Hernandez) believed the police report contained falsehoods. She urged all families of police brutality to share their story on www.michaelnida.com Michael Buss, Anaheim Arts Council, announced a public forum scheduled for the downtown community center, to discuss gaps in art school classes for elementary school children with various non - profit agencies, Anaheim City School District staff, and parents in an effort to bring after - school art class to all. He provided details on the meeting time and place. Council Minutes of February 19, 2013 Page 3 of 13 Gigi F., Anaheim Performing Arts Center Foundation, indicated the mission of the foundation was to build a new performing arts center in Anaheim. She announced details for the spring luncheon scheduled for March 13 and the Great Gatsby Extravaganza scheduled for August could be found online at www.apacf.orq William Fitzgerald, Anaheim Home, remarked that yearly bonuses for Disney Corporation presidents were outrageous while Disney employees worked at below living wages, subsidized by taxpayer funds for low cost housing, earned income credit, and other assistance. He supported living wages for underpaid employees. An unidentified speaker (Spanish), urged the community to make good decisions as the voice of Latinos should be heard. She then translated her comments to English, declining city translation services. Theresa Smith, resident, supported a civilian police oversight board, objecting to flyers by the Anaheim Police Association sent to residents of Anaheim criticizing Mayor Tait for considering such action. She added the Police Department would not become weaker, but would be aware that the citizens were taking responsibility for actions that occurred in their community. Genevieve Huizar, resident, urged the city dismiss "bad" police officers and that responsible officers not be afraid to speak up when other officer's actions were in question. Dorothy Rose, Orange County Symphony, reported on the success of their outreach program introducing classical music to disadvantaged youths. She announced there would be a free concert on June 15 for any members of the public wishing to attend, a gift from the Orange County Symphony to the community. Vitoria de Gomez, resident, urged reform in the police department, adding the time was coming when Latinos would have a majority vote. Joanne Sosa remarked her comments were on behalf of those who support the citizens review committee. She stated the "robo" calls residents had received speaking against the Mayor and his support of a civilian review board and indicating such a board would harm the police's ability to protect citizens from gangs and crime would not sway citizens. She added the establishment of such a board was not an attack on the police department but an effort to bring transparency to the community. Damien Ramirez, Hollydale, remarked there were two Anaheim's, one containing Disneyland and various entertainment venues and the other reflecting its working class community and urban neglect that fostered negativity, homelessness and gangs. He urged the city to improve the communities and its residents and ultimately change the dynamics in the city. Jose Moreno, school board member, thanked council for attending the Lincoln Elementary rededication and for funding the Ponderosa Library and other programs to support resources for Anaheim's youth. He remarked all five council members supported the citizen review commission which was good government, asking that council reaffirm their vote on behalf of the citizens review committee. Alexandra Anza offered her full support for the Anaheim Police Department and to voice her opposition to a citizens review board. She indicated that presently any complaints or incidents were investigated by four different agencies, remarking that adding a fifth agency was a waste Council Minutes of February 19, 2013 Page 4 of 13 of money and a drain on city resources. She emphasized there were law abiding citizens in Anaheim that were pleased with the current monitoring agencies. An unidentified speaker expressed her distress over the police officer involved fatal shooting of her brother, the harassment she subsequently received and her belief the Anaheim police were corrupt. Stephanie Rodriguez and Angel Perez, students, invited the community to attend an upcoming fund - raising gala at the Anaheim High School this Saturday to support the Anaheim Performing Arts Center. Kerry Conlon, Anaheim Police Association, indicated he was the source of recent emails and the voice of the "robo" calls in support of the police officers who served Anaheim with integrity and pride. He remarked police transparency was here in Anaheim achieved by Chief Welter, the Orange County District Attorney's Office, and the Office of Independent Review. He believed the establishment of a civilian oversight committee was bad public policy and would harm public safety. Gloria Ma'ae thanked Anaheim police officers for putting their lives on the line for Anaheim citizens. She added that should a citizen's advisory committee be created, members should be educated on the processes first and urged not to make decisions based on emotion, rather based on facts and knowledge gained. Speaking as a member of the Citizens Advisory Committee on Elections, she invited members of the community to attend meetings on Thursday evenings, with the next scheduled meeting at Ponderosa Park, to become educated about their process. She added that the committee hoped to be able to come forward with a recommendation to city council soon. Geraldine O'Keefe, resident and member of the Police Honorary Society, spoke in support of Anaheim's police officers, urging the community to support the department and Chief Welter who was dedicated to his men and women in service to Anaheim. Duane Roberts, resident, remarked that the Chief's Advisory Board was being proposed as a model for the civilian review board, stating in his opinion, that board would be ineffective. He explained that when filing a public records request to the Chief's Advisory Board to find out how they dealt with police officer involved shootings, there was no correspondence or minutes reflecting any discussion on that issue. He was opposed to the Orange County Human Relations Committee being involved in the citizen review board remarking the organization worked with police departments in a collaborative manner and would not be effective in critiquing the department. Brian Chuchua, resident, announced a national school baseball tournament would be played this year in Anaheim, March 30 through April 3, 2013, with 78 high school teams participating. He urged the community to support this tournament, adding volunteers were being sought to announce games, keep scores, etc. CONSENT CALENDAR: Mayor Pro Tern Eastman requested Item No. 4 be removed from the consent calendar for public information purposes, Council Member Brandman pulled Item No. 7, and Council Member Murray requested Item No. 10 be removed for discussion. Mayor Tait remarked he would abstain on Item No. 7 as his firm had worked with HDR, Inc. this past year. Council Member Kring moved to approve the balance of the consent items as presented and to waive reading in full of all ordinances and resolutions, seconded by Council Member Murray. Council Minutes of February 19, 2013 Page 5 of 13 Roll Call Vote: Ayes — 5 (Mayor Tait and Council Members: Brandman, Eastman, Kring and Murray). Noes — 0. Motion Carried. B105 1. Receive and file minutes of the Public Utilities Board meeting of December 19, 2012. D117 2. Approve the Investment Portfolio Report for January 2013. 3. Accept the lowest responsive bid and approve an agreement with Parkwood Landscape Maintenance, Inc., in an amount not to exceed $901,212, for landscape maintenance AGR -7473 services for the Public Works Department in the west sector of the Anaheim Resort Maintenance District, for a one year period with up to four one -year optional renewals, and authorize the Purchasing Agent to exercise the renewal options, in accordance with Bid #7834. 5. Approve a master agreement with two prequalified consultants to provide miscellaneous professional consulting services to the Community Services Department, authorize the Community Services Director to execute and take necessary actions to implement and administer the master agreement, and authorize de minimis changes that do not substantially change the terms and conditions of the master agreement, so long as such changes are determined to be de minimis by the City Attorney (UltraSystems Environmental, Inc. and Keyser Marston Associates). 6. Approve an agreement with SRA International, Inc., for two intelligence analysts and medical liaison services, the costs for which are reimbursed by the Urban Areas Security AGR- 5792.A Initiative funding program, and authorize to the Chief of Police, or his designee, to execute any amendments to the agreement to alter the scope of services and /or scope of work. 8. Approve the Final Tract Map and Subdivision Agreement with Brookfield Olive Street III, AGR- 6669.1 LLC, for Tract No. 17422 located at 832 E. Santa Ana Street. 9. Approve and authorize the Executive Director of Convention, Sports & Entertainment to execute the Second Amendment to the Concessions Agreement with Aramark Sports AGR- 4964.C.2 and Entertainment Services, LLC, modifying the financial compensation to be paid to Aramark for their provision of exclusive food and beverage service at the Anaheim Convention Center for an additional three years. 11. RESOLUTION NO. 2013 -031 A RESOLUTION OF THE CITY COUNCIL OF R100 THE CITY OF ANAHEIM designating Westmont Drive from Crescent Avenue to Manor Street and Laurel Place between Westmont Drive and east end of Laurel Place as "Permit Parking Only" streets within Permit - Eligible Parking District No. 21 (Permit Parking Area No. 21). 12. RESOLUTION NO. 2013 -032 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM vacating certain portions of public streets located along the Pilo south side of Santa Ana Street, together with adjoining portions of Kroeger Street and the former Atchison Street, pursuant to California Streets and Highway Code Section 8330, et seq. - Summary Vacation (Abandonment No. ABA 2013 - 00259). Council Minutes of February 19, 2013 Page 6 of 13 RESOLUTION NO. 2013 -033 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM vacating two public service easements in conjunction with Phase Four of the Colony Park development, pursuant to California Streets and Highway Code Section 8330, et seq. - Summary Vacation (Abandonment No. ABA 2013 - 00258). Authorize the Mayor to execute a quitclaim deed for portion of Santa Ana Street as recorded in Instrument No. 20010342081 together with portions of Kroeger Street and Atchison Street as recorded in Book 2337, Page 98, Official Records of Orange County (ABA2013- 00259) (Item No. 12 is contingent on the approval of Item No. 08). 13. ORDINANCE NO. 6269 (ADOPTION) AN ORDINANCE OF THE CITY COUNCIL M142 OF THE CITY OF ANAHEIM amending a portion of Chapter 18.116 of Title 18 of the Anaheim Municipal Code, nunc pro tunc, to correct clerical errors in Ordinance No. 6265, previously adopted (Introduced at the Council meeting of February 5, 2013, Item No 19). 14. ORDINANCE NO. 6270 (INTRODUCTION) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending subsection 18.108.040.020 of C420 Chapter 18.108 of Title 18 of the Anaheim Municipal Code, relating to Specific Plan No. 90 -1 for the Anaheim Hills Festival (Specific Plan Amendment No. 2012 - 00064). ORDINANCE NO. 6271 (INTRODUCTION) AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending Ordinance No. 5110, relating to Specific Plan No. 90 -1 for the Anaheim Hills Festival (Specific Plan Amendment No. 2012 - 00064). 15. ORDINANCE NO. 6272 (INTRODUCTION) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving Adjustment No. 12 to the northeast C420 area Specific Plan No. 94 -1 and amending subsection 18.120.100.050 of Chapter 18.120 of Title 18 of the Anaheim Municipal Code relating to the conversion of a freestanding full - service restaurant to a nightclub within the commercial area (Development Area 5) (Specific Plan Amendment No. 2012 - 00063). 16. Approve minutes of the Council meetings of January 15, 2013, January 25, 2013, January 29, 2013 and February 5, 2013. END OF CONSENT: 4. Authorize the Director of the Community Services, or his designee, to accept the donation from the Disneyland Resort, a division of Walt Disney Parks and Resorts U.S., AGR -7474 Inc., consisting of four (4) concrete /metal park benches, and approve and authorize the Director of Community Services, or his designee, to execute the Disneyland Resort's Donation Waiver and Release Agreement. Director of Community Services Terry Lowe reported this item was a request to approve a donation from the Disney Resort of four iconic benches, one for each of the four new playgrounds in Anaheim. Each playground, he stated, would be built one day by volunteers as part of the KaBOOM! Organization, funded by the Disney Resort but grown to be a community wide celebration of hundreds of volunteers. Four locations for the benches had been identified, Modjeska, Stoddard, Edison, and Schweitzer Parks. Two of the parks, he explained had been Council Minutes of February 19, 2013 Page 7 of 13 completed and the benches would fit well within the parks. Mr. Lowe indicated staff recommended acceptance of this donation. Mayor Pro Tern Eastman remarked this was an opportunity to recognize one of the city's many collaborative partnerships with businesses, the community, and /or Anaheim schools and moved to approve Item No. 4, seconded by Council Member Brandman. Roll Call Vote: Ayes — 5: (Mayor Tait and Council Members: Brandman, Eastman, Kring and Murray.) Noes — 0. Motion Carried. 7. Approve on -call professional service agreements with AMEC Environment & AGR -7475 Infrastructure, Inc., Environmental Engineering & Contracting, Inc., Fuscoe Engineering, AGR -7476 Inc., Hall & Foreman, Inc., HDR, Inc., and Recupero & Associates, Inc., each in an AGR -7478 amount not to exceed $200,000, for support of the National Pollutant Discharge AGR- 5155.1l.A Elimination System Permit Program for a one year term with the option to renew each AGR- 5515.1.A year for an additional four years, at the sole discretion of the Director of Public Works. At 6:24 P.M., Mayor Tait excused himself from discussion of this item, remarking his firm had recently worked with HDR, Inc. and left the dais. Mayor Pro Tem Eastman then requested a staff report. Natalie Meeks, Public Works Director, announced this item was to authorize and approve several on -call professional service agreements to assist the city with state and federal regulations, mandates and permits. These regulations were known as the National Discharge Pollution Elimination System and the sewer waste discharge regulations or NPDES and WDR. Effectively, she explained, these federal and state programs were aimed at preventing pollution from entering the storm drain system in rivers, lakes and oceans. The NPDES program came from the 1972 Federal Clean Water Act and required implementation in various programs to reduce or prevent pollutants from reaching the storm drain system. She noted these programs required the management of construction activities, municipal activities, and site design and development in order to reduce or eliminate discharge of dirt, concrete, oils, trash, and other pollutants. She added regulations were lengthy, complex and constantly changing and Anaheim had been using a combination of in -house staff and professional water quality consultants to assist the city in maintaining compliance. The consultants assisted the city with reporting, inspection, advocacy, master planning, training, compliance monitoring and inspection and the firms to be used on an on -call basis for specific tasks required for the regulations were determined through a Request for Qualifications process with staff recommending contracts for the top firms for approval. Council Member Brandman brought this to the attention of the public for citizens to understand the process to maintain a clean environment and moved to approve Item No. 7, seconded by Council Member Kring. Roll Call Vote: Ayes — 4: (Mayor Pro Tern Eastman and Council Members: Brandman, Kring and Murray.) Noes — 0. Abstention — 1: Mayor Tait. Motion Carried. Mayor Tait returned to the dais at 6:28 P.M. 10. Support the partnership between the City, the Anaheim Chamber of Commerce, the Workforce Investment Board, and other key stakeholders to present the 2013 D155 Anaheim /OC Job Fair Expo. Council Minutes of February 19, 2013 Page 8 of 13 Ruben Aceves, Workforce Development Manager, announced the Anaheim Job Fair had been successful over the last four years and during that time, attendance had grown significantly. The Job Fair had proved to be a valid resource for both job seekers and employers alike and last year, there were over 190 employers that offered over 2,400 job opportunities. Over the last four years, he pointed out; nearly 2,000 job seekers were hired through the Job Fair. This year's event was scheduled for Wednesday, June 19 at the Convention Center and staff was encouraging job seekers and employers to take advantage of the resources to be available such as the hiring incentives from the Anaheim Enterprise Zone designation. He added, as a result of a successful partnership between the City and Chamber of Commerce and Work Force Investment Board, staff requested council's continued support of this event for 2013. Council Member Murray remarked she looked forward to carrying out Harry Sidhu's legacy with the annual Job Fair, adding that 5,000 jobs had been secured to date through this program. In addition, Enterprise Zone workshops would be conducted, both for employers and those job seekers seeking to get certified on their resumes prior to meeting with employers. Council Member Murray then moved to approve Item No. 10, seconded by Council Member Eastman. Roll Call Vote: Ayes — 5: (Mayor Tait and Council Members: Brandman, Eastman, Kring and Murray.) Noes — 0. Motion Carried. 17. RESOLUTION NO. 2013 -034 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the execution and delivery of a Revolving Credit AG R-7479 Agreement with Wells Fargo Bank, National Association, payable from and secured by Electric System Surplus Revenues and Water System Surplus Revenues. Direct the Public Utilities Department to obtain City Council approval prior to the use of any agreement proceeds for any specific project or expenditure. Mayor Tait declared a potential conflict of interest on this item as his firm had a banking relationship with Wells Fargo and left the dais at 6:32 P.M. Mayor Pro Tern Eastman asked for a staff report; Mr. Wingenroth, City Manager, remarked that as a 30 -year finance professional, this item reflected another example of best practices that would bring value to all the residents of Anaheim, and introduced Marcie Edwards, Public Utilities General Manager. Ms. Edwards remarked this item sought council authorization to enter into an agreement with Wells Fargo Bank for a revolving line of credit. She explained the beneficial use of short term credit had been recently identified when California Air Resources Board (CARB) created an option process to sell carbon allowances. Since it was necessary for the Utilities Department to purchase some of those allowances and one of the requirements of the options process was to post collateral up to several million dollars, the issue was timing, and even though the city would be ultimately reimbursed, the collateral could be tied up for a number of months. She noted the alternatives were to raise electricity to cover these collateral requirements, use reserves which were still relatively slim, or research other options. Ultimately staff decided on a line of short- term credit. Through an RFP process, Ms. Edwards remarked, Wells Fargo was selected as the ideal provider. She noted there were other business scenarios that would benefit from the Utility having a revolving line of credit in its financial portfolio, such as an opportunity the Department was currently facing to refund certain bonds. These bonds had been originally issued to finance Council Minutes of February 19, 2013 Page 9 of 13 the San Juan Generating Facility which produced energy using coal. Current interest rates made the refinancing of these bonds advantageous and normally the Utilities would refund these bonds at the lower interest rates available and use their existing maturity date of 2020. However, not certain that Public Utilities wished to be in the San Juan project until 2020, this credit line could be used to refund the existing bonds and still gain the interest savings from a lower interest rate without having to commit to the 2020 maturity date, giving the Department flexibility with respect to the future. In addition, she pointed out; a line of credit could help the debt profile. She further explained, certain projects such as technology projects, did not have the life expectancy equivalent to a typical 30 -year bond issue as they typically became obsolete sooner than 30 years. A good middle ground, she pointed out, would be to use a line of credit that would pay for these types of projects from cash flow over a much shorter time frame. Additionally, implementing the short term credit line would also have a positive impact on the Utilities credit rate; and national credit rating agencies gave agencies credit for having additional cash resources available for that portion of the credit line not in use, making Anaheim Utilities a better credit risk. OVERSIGHT AND CONTROLS: Ms. Edwards stated draws on the line of credit would only be made after authorization and approval for each and every draw has been obtained from city council. Each request would come to council with a report explaining the specific purpose and necessity and any projects to be funded with the credit line along with the logic as to why staff believed the credit line was the most prudent funding resource. She ended her presentation stating staff recommended approval and authorization to enter into an agreement with Wells Fargo to obtain a revolving line of credit as it was a sound business decision, providing a hedging mechanism to liquidity, and subject to oversight control by the council on a per draw basis. Council Member Murray supported this effort to maximize resources and insure the Utilities ability to provide low cost and continued quality service. Ms. Edwards added this was a joint effort by Utility staff, the City Manager, the City Treasurer and the Human Resources Director, (formerly the Acting Treasurer and auditor) who gave the benefit of their expertise to the department. Mayor Pro Tem Eastman, Council Member Kring and Council Member Brandman offered their support as well. Council Member Brandman then moved to approve RESOLUTION NO. 2013 -034 OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the execution and delivery of a Revolving Credit Agreement with Wells Fargo Bank, National Association, payable from and secured by Electric System Surplus Revenues and Water System Surplus Revenues, seconded by Council Member Murray. Roll Call Vote: Ayes — 4: (Mayor Pro Tern Eastman and Council Members: Brandman, Kring and Murray.) Noes — 0. Abstention — 1: Mayor Tait. Motion Carried. 18. Appoint a representative to Sister City Commission to complete an unexpired term expiring June 30, 2014 and the Community Services Board, term due to expire June 30, B105 2013. Sister City Commission Appointment: Mark Lopez ( June 30, 2013) (Unscheduled vacancy of Lisa Gin) Council Minutes of February 19, 2013 Page 10 of 13 Council Member Kring nominated Mark Lopez to the Sister City Commission and Council Member Murray nominated Jackie Filbeck. Ayes — 5; Noes — 0; and Abstentions — 0. Mr. Lopez was appointed to the Sister City Commission. Community Services Board Appointment: Roberto Baeza (June 30, 2013) (Unscheduled vacancy of Robert Currie) Council Member Murray nominated Roberto Baeza to the Community Services Board and Mr. Baeza was unanimously appointed. 19. Form the Housing Element Ad Hoc Committee, to be comprised of ten City Council appointees. B105 Mayor Tait Appointments: Appointment: (Resident) Appointment: (Stakeholder) Mayor Pro Tern Eastman Appointments: Appointment: (Resident) Appointment: (Stakeholder) Council Member Murray Appointments: Appointment: (Resident) Appointment: (Stakeholder) Council Member Brandman Appointments: Appointment: (Resident) Appointment: (Stakeholder) Council Member Kring Appointments: Appointment: (Resident) Appointment: (Stakeholder) Council Member Murray requested these appointments be continued to the March 5 th meeting, and with the unanimous concurrence of Council, the appointments were postponed. 20. CONDITIONAL USE PERMIT 2012 -05647 (DEV2012- 00142) OWNER: City of Anaheim, Convention, Sports and Entertainment, 800 West Katella C220 Avenue, Anaheim, CA 92802 APPLICANT: Kevin Starkey, Arena Area management, 2695 East Katella Avenue, Anaheim, CA 92806 LOCATION: 2695 East Katella Avenue Request to construct and operate two 15 -foot high by 25 -foot wide exterior video screens to be located on the south elevation of the Honda Center. Environmental Determination: Class 11 Categorical Exemption. ACTION TAKEN BY THE PLANNING COMMISSION: Council Minutes of February 19, 2013 Page 11 of 13 Recommended City Council approval of Conditional Use Permit No. 2012 -05647 (Resolution No. PC2013 -003) VOTE: 5 -0. Chair Ramirez and Commissioners Bostwick, Faessel, Lieberman and Persaud voted yes. Commissioner Agarwal abstained. Commissioner Seymour was absent (Planning Commission meeting of January 14, 2013). RESOLUTION NO. 2013 -035 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving Conditional Use Permit No. 2012 -05647 and making certain findings in connection therewith (DEV2012- 00142). Sheri Vander Dussen, Planning Director, remarked this item was a request to add video screens to the eastside of the south entrance to the Honda Center. The screens would be 15 feet in height and 25 feet wide and would be integrated into the Grand Terrace project currently under construction, and would include restaurant space, a team store, and outside gathering areas. She added the video screens would add to Honda Center's vibrancy as a premier sports and entertainment venue, visible to people driving on Katella Avenue entering the Honda Center site from Douglass Road and pedestrians approaching from ARTIC. The screens would operate 24 hours a day, displaying both images and video. She explained since the Municipal Code prohibited off -site advertising, the content would be limited to promotion of events held at the Honda Center, event sponsors and products offered on -site. She pointed out the Code did grant City Council authority to permit uses such as the proposed video screens in the Public Recreation Zone, subject to approval of a conditional use permit and the Planning Commission found the proposed screens to be consistent with the city's vision for the Platinum Triangle, a dynamic urban environment and unanimously recommended approval of this to the City Council. Mayor Tait opened the public hearing establishing comment protocol and time limits. Kevin Stark, Chief Operating Officer for Honda Center, remarked the project would enhance and add the finishing touch to the Grand Terrace improvements, and was available should council have specific questions. William Fitzgerald objected to bill boards in general and specifically to any proposed for the flatlands of Anaheim alleging a number of opinions, political and financial, as to the rationale behind this specific billboard. With no other comments offered, the public hearing was closed. Mayor Tait inquired if this project qualified as a billboard under Anaheim's code, with Ms. Vander Dussen responding, it did not since the Honda Center would be limited in what could be advertised on the screen. They would not be able to sell advertising to other entities. Council Member Murray inquired whether Anaheim Arena Management funded all of the improvements taking place currently at the Honda Center with City Manager Bob Wingenroth, remarking the current addition /improvements were fully funded by Anaheim Arena Management, and would make the facility NBA ready and help increase city and county revenues significantly when that happened. Council Member Kring moved to approve RESOLUTION NO. 2013 -035 OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving Conditional Use Permit No. 2012 -05647 and making certain findings in connection therewith (DEV2012- 00142, seconded by Council Member Murray. Roll Call Vote: Ayes — 5: (Mayor Tait and Council Members: Brandman, Eastman, Council Minutes of February 19, 2013 Page 12 of 13 Kring and Murray.) Noes — 0. Motion Carried. AT 6:57 P.M., council recessed to closed session, reconvening at 7:25 P.M. REPORT FROM CLOSED SESSION: Kristin Pelletier, Senior Assistant City Attorney, reported that the City Council unanimously appointed the law firm of Cummins & White, LLP to serve as interim City Attorney and designated Michael Houston to fill the role of City Attorney, subject to reaching a mutually acceptable agreement, and directed the City Manager to negotiate and execute the agreement within the scope of his authority (Vote: 5 -0). COUNCIL COMMUNICATIONS: Council Member Brandman spoke about his attendance at the Abraham Lincoln Elementary School dedication, announced the KaBoom! Park Build Day on March 4th at Schweitzer Park, and recognized the U. S. Department of Labor on their 100th Anniversary. He also requested staff prepare a proclamation recognizing National Women's History Month on the March 5 agenda and reported that flags were at half staff in honor of Riverside Police Officer Michael Crain and San Bernardino Sheriffs Deputy Jeremiah MacKay, killed in the line of duty and requested the meeting adjourn in their memory. Council Member Murray congratulated Michael Houston on his appointment as Interim City Attorney and announced that Caterina's Club served its 500,000 meal to motel children in Anaheim. She also highlighted the Abraham Lincoln Elementary School dedication and announced the following upcoming events: APAC Gala fundraiser on February 23, free citizenship services on February 23, tax preparation services on March 11 and April 9 provided by ACCESS California, KaBoom! Prep Day on March 1, and Park Build Day on March 4 at Schweitzer Park. Council Member Kring thanked Pastor Ed Bartel and the Sunkist Community Church for their Adopt -a- Neighborhood program and announced the next neighborhood clean -up would be on March 16. She congratulated Michael Houston on his appointment as Interim City Attorney and spoke about the Abraham Lincoln Elementary School dedication. She encouraged residents to participate in the KaBoom! Park Build Day at Schweitzer Park and requested the city recognize the original members of the Art Crawl Experience at the next council meeting. She also requested staff research options to resolve the `for sale' vehicles parked on major streets. Mayor Pro Tem Eastman announced the Cypress College Americana Awards on February 23 honoring Becky Areias, the TIP training classes held in February ( www.tiporangecounty.org ), and encouraged residents to attend the Citizen Advisory Committee meeting on February 21 at Ponderosa Park. She further announced OCTA will be hosting an event to celebrate the completion of the 91 Freeway Widening project on Thursday, February 21. Mayor Tait reported his attendance at the US Conference of Mayors in January, highlighted the dedication of Abraham Lincoln Elementary School, and congratulated Caterina's Club on serving its 500,000 meal to motel children in Anaheim. He also provided clarifying comments regarding the Police Citizen Review Board and the selection of its members. Council Minutes of February 19, 2013 Page 13 of 13 ADJOURNMENT: With no other business to consider, Mayor Tait adjourned the February 19, 2013 meeting at 7:25 P.M., in memory of Riverside Police Officer Michael Crain, San Bernardino Sheriff's Deputy Jeremiah MacKay and the victims of the tragic accident on Beach Boulevard. Res tfully submitted, 6�� Linda N. Andal, CIVIC City Clerk