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2003/11/04 ANAHEIM, CALIFORNIA - CITY COUNCIL MEETING November 4,2003 The City Council of the City of Anaheim met in adjourned regular session. The Notice of Adjournment was posted at 3:00 P.M. on November 4, 2003 on the exterior door of the Anaheim Council Chambers, announcing the adjournment to 3:30 P.M. due to a lack of quorum. PRESENT: Mayor Curt Pringle, Council Members: Shirley McCracken, Bob Hernandez, Tom Tait, and Richard Chavez. STAFF PRESENT: City Manager David Morgan, City Attorney Jack White, City Clerk Sheryll Schroeder. A copy of the agenda for the meeting of the Anaheim City Council was posted on October 31, 2003 at the City Hall outside bulletin board. Mayor Curt Pringle called the regular adjourned meeting to order at 3:40 P.M. in the Council Chambers of the Anaheim City Hall, 200 South Anaheim Boulevard. WORKSHOP: 173 AESTHETICS PROGRAM FOR THE STATE ROUTE 90 (IMPERIAL HIGHWAY) GRADE SEPARATION PROJECT Gary Johnson, Director of Public Works/City Engineer, stated the initial workshop Council conducted last July on hardscape and landscape aesthetics for the Route 90 Corridor Improvements were preliminary concepts. Linda Johnson, Principal Planner, had been working with the California Department of Transportation (CaITrans) staff to advance the design concepts and the current workshop would present specific structural elements and concept-level landscaping to Council. Mr. Johnson introduced Pija Ansari and Sandy Ankhasirisan, CalTrans representatives. Mr. Ansari indicated the project was in two phases with the hardscape portion that encompasses the bridge, the retaining wall and the sound walls aesthetics as the first phase and the second phase identified the softscape or planting portion of the project. Mr. Ansari explained that since CalTrans had two more years to fully develop the planting plan, the discussion would be limited at the workshop. During the presentation, CalTrans shared the solutions for developing the Route 90 Corridor Improvement Project aesthetics program. An Aesthetics Committee, comprised of staff representing CalTrans, Orange County Transportation Authority and the cities of Anaheim and Yorba Linda, determined the hardscape and softscape aesthetic solutions for the project. The solutions integrated and balanced community, aesthetic, historic and environmental values with transportation safety and maintenance goals. A theme was developed for the corridor which would provide route continuity and balance the corridor with the surrounding communities and the environment. The first project addressed the road construction projects consisting of the retaining wall, sound wall, slope paving and bridge and rail construction. The Committee looked at many aesthetic themes from agricultural to historical and in October, 2003 selected "environmental" as the corridor theme. The retaining walls would depict a meandering stream reflective of the nearby Santa Ana River. The sound wall would have a repeating mountain ANAHEIM CITY COUNCIL MEETING MINUTES November 4, 2003 PAGE 2 range pattern. The slope paving on the bridge would depict a wave pattern and the bridge barriers would have an arched pattern with the pilasters capped with vertical texture. The theme for the highway planting project, phase 2, would be "Chaparral Hillside" per the "OCTA and CalTrans 1995 Master Plan of Freeway and Transit Corridor Enhancements." This theme reflected an organic type of planting design. An exhibit detailing the various plant materials that may be used for the project was provided to Council. The planting design would be finalized through the Aesthetics Committee and Council would have an opportunity to review it at a future date. Replying to questions, Mr. Ansari indicated both the entry and exit ramps would contain the retaining wall design with the sound wall constructed on top of the retaining wall depicting a mountain pattern theme. Mr. Ansari also indicated Yorba Linda City Council had received the same presentation and expressed their concerns on the proposed softscaping. Responding to Mayor Pringle's question, Jane Tien, CalTrans, stated the loop interchange would have a narrow strip for planting along the northbound side of the railroad, however, on the southbound side there would be a retaining wall against the freeway as the area was too narrow for planting. A rock blanket would be used where it was too narrow to plant landscaping to reinforce the Chaparral Hillside concept. She also stated that large palms would be planted along the bridge and along the freeway main line and entrance of the ramp to frame the bridge. Flowering trees would be planted along the meandering walkway. The ground cover planting would be low growing for safety reasons and would be a different color and texture. In answer to Council Member Tait, Ms. Tien stated date palms or Washingtonia robusta palms were being proposed for the project and that Yorba Linda preferred the date palms. Council Member Tait noted the Imperial Highway landscape in Yorba Linda contained grasses and he wanted to see the same type of softscape for continuity between Anaheim and Yorba Linda. Ms. Tien indicated that when CalTrans maintained the landscaping, they traditionally used low maintenance plants such as ice plant and lantana and in this instance CalTrans would be maintaining the landscaped area. David Morgan, City Manager, remarked that Yorba Linda maintained their landscaped areas which contained grasses and Anaheim could also develop a maintenance cost if the City desired a similar look. Gary Johnson had recently been informed that Yorba Linda would like to do a boundary adjustment for the right-of-way on Imperial Highway all the way to this project limit and extend their landscaping scene southerly. Mr. Johnson also indicated that Anaheim had the Imperial Smart Street project which was not yet completed and had plant materials and median islands extending from Santa Ana Canyon to this location and felt there should be some continuity of the two themes as they meet at the interchange. Mr. Ansari stated CalTrans would work with City staff to ensure a corridor that is satisfactory for all communities. He noted the total project cost, which included the right-of-way, construction of the bridge and landscaping, was estimated at $51,500,000. He further explained that unanticipated higher construction costs would not impact the budget portion set aside for planting. The Aesthetics Committee would provide input into the planting plan itself, which would then be brought back to Council for review. Council Member Tait expressed concern that the planting areas be well-maintained. Mr. Ansari noted that a call to CalTrans when specific areas needed maintenance would get a quick response for clean-up. ANAHEIM CITY COUNCIL MEETING MINUTES November 4,2003 PAGE 3 Gary Johnson ended the workshop with the statement that in July, 2003, Anaheim had expressed some concerns over traffic rebound noise from the project. His office had conducted noise studies, and transmitted them to CalTrans so CalTrans could review the design of their sound walls and look at other ways to mitigate the rebound noise and incorporate those measures into the final design. ADDITIONS/DELETIONS TO CLOSED SESSION: None PUBLIC COMMENTS - CLOSED SESSION: None Mayor Pringle recessed to closed session at 4:14 P.M. for the following purposes: 1. CONFERENCE WITH LABOR NEGOTIATORS Agency designated representative: David Hill Employee organization: International Brotherhood of Electrical Workers, Local Union No. 47. 2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9 of the Government Code) Name of case: Lechtenberg v. City of Anaheim, et aI., Orange County Superior Court Case No. 02CC13932. AFTER RECESS: Mayor Pringle called the regular Council meeting of November 4, 2003 to order at 5:13 P.M. and welcomed those in attendance. INVOCATION: Pastor Jimmy Gaston, Church of Christ FLAG SALUTE: Council Member Tait RECOGNITIONS: The following recognitions would be presented at a later date: Recognizing Joan Wada on receiving the Career Communications Group Technology and Business All Star Award. Proclaiming November 23 - 29, 2003, as National Family Week in Anaheim. Proclaiming November 6, 2003, as Veterans Day Commemoration in Anaheim. Proclaiming November 3 - 21, 2003, as Employees' Charities Weeks in Anaheim. Mayor Pringle recessed the City Council meeting at 5: 12 P.M. to call to order the Anaheim Redevelopment Agency. Mayor Pringle reconvened the City Council meeting at 5:15 P.M. ADDITIONSIDELETIONS TO THE AGENDA: None PUBLIC COMMENTS: James Robert Reade spoke of Police Department issues. 160 160 153 123 123 123 123 ANAHEIM CITY COUNCIL MEETING MINUTES November 4,2003 PAGE 4 Robert Flores requested Council's support for a charitable event occurring December 18, 2003 and announced a children's talent show scheduled in the future. Alma Ramirez spoke of discrimination concerns related to Orange County Housing. CONSENT CALENDAR: Mayor Pringle abstained on Item A 17 due to a potential conflict of interest. Council Member McCracken moved approval of Consent Calendar Items A 1- A 19 seconded by Council member Chavez to waive reading in full of all ordinances and resolutions and to approve the following in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar. Roll Call Vote: Ayes-5; Mayor Pringle, Council Members Tait, Hernandez, Chavez, and McCracken. Noes - O. Motion carried. 160 A 1. Accept the low bid of Espinos Cop Shop, Inc., in an amount not to exceed $119,025 (tax inclusive), for the outfitting of police vehicles for the Public Works Department, Fleet Services Division, for a period of two years with three one-year renewal options and authorize the Purchasing Agent to execute renewal options in accordance with Bid #6409. A2. Accept the bid of ASSI Security, in the amount of $28,274.98 (including tax), for the Convention Center parking access equipment in accordance with Bid #6420. A3. Waive Council Policy No. 306 and authorize the Purchasing Agent to issue a blanket purchase order to Siemens Building Technologies, Inc., in an amount not to exceed $57,900, for a three-year maintenance service agreement for a HVAC building automation system for the period of December 1, 2003 through November 30, 2006. A4. Approve an increase in the mileage reimbursement rate from 36.0 cents to 37.5 cents per mile to match the increase approved by the Internal Revenue Service for calendar year 2004, in accordance with the Memoranda of Understanding for the various employee bargaining units. A5. Award the contract to the lowest responsible bidder Valverde Construction, Inc., in the amount of $433,000, for replacement of Pressure Regulating Station Nos. 39 and 41 and approve and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. A6. Award the contract to the lowest responsible bidder, Steiny & Company, Inc., in the amount of $204,850, for the Citron/Haster and Walnut Neighborhood CDBG street light improvements and approve and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. A7. Award the contract to the lowest responsible bidder, International Pavement Solutions, Inc., in the amount of $57,975, for the Imperial Highway soundwall construction and approve and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. A8. Award the contract to the lowest responsible bidder, California Building Evaluation & Construction, in the amount of $26,481, for grading and concrete improvements at ANAHEIM CITY COUNCIL MEETING MINUTES November 4, 2003 PAGE 5 106 A9. A10. 123 123 A11. A12. 123 105 A13. 123 A14. 123 A15. 123 A16. 123 A17. Lenain Filtration Plant and Pressure Regulation Station No. 13 and approve and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. Amend the fiscal year 2003/04 adopted budget to accept recycling grant funds by increasing revenue and expenditure appropriations in the Department of Public Works by $94,346. Approve the cooperative agreement with the City of Orange for the construction of the Orangewood Avenue Street Pavement Rehabilitation between State College Boulevard and Anaheim Way. Approve the Second Amendment to Agreement with Overland, Pacific & Cutler, Inc., formerly known as Stadler, Shober & Cline, Inc., dba Pacific Relocation Consultants, to reflect the name change of the consultant as a result of its consolidation with other business entities. Approve an agreement with the County of Orange for Senior Non-Emergency Medical Transportation Pilot Program services to older adults and direct staff to subcontract this service to the Anaheim Transportation Network. Ratify the appointment of Carol Sundman as the Savanna School District's ex-officio, non-voting representative to the City's Park and Recreation Commission and Dennis Salts as Centralia School District's representative. Approve an agreement for legal services with the law firm of Goodin, MacBride, Squeri, Ritchie and Day, LLP. to represent the City and the Redevelopment Agency in proceedings before the Public Utilities Commission against the Union Pacific Railroad involving the condition of Santa Ana Street. Approve an agreement to receive $56,701 from Western Youth Services as part of the County of Orange's Families and Communities Together Program to provide services that promote safe and stable families and reduce child abuse and increase revenue and expenditure appropriations, in the amount of $56,701. Approve an agreement with AVW-TELAV Audio Visual Solutions to designate AVW- TELA V as the preferred audio-visual provider for the Anaheim Convention Center. Approve and authorize the Public Utilities General Manager to execute an agreement with Metropolitan Water District of Southern California to provide funding for residential water conservation items. Mayor Pringle abstained on Item A17. 123 A18. Approve and authorize the Public Utilities General Manager to execute a direct payment agreement with the State of California, Health and Welfare Agency, Department of Community Services and Development to directly receive federally funded Low-Income Home Energy Assistance Program grants for the benefit of the City's Public Utilities Department customers from July 1, 2003 through June 30, 2006. 114 A 19. Approve minutes of the Council meeting held October 28, 2003. ANAHEIM CITY COUNCIL MEETING MINUTES November 4, 2003 PAGE 6 END OF CONSENT CALENDAR: 105 A20. Consider appointing a member to serve on the Sesquicentennial Commission, term to expire December 31, 2002 [Mayor Pringle] Mayor Pringle continued Item A20 to the November 18, 2003 meeting. PUBLIC HEARINGS: 176 B1. A public hearing to consider the abandonment of a public utility easement located at 2330-2340 West Lincoln Avenue. At the meeting held September 30, 2003, Item A20, the Anaheim City Council adopted Resolution No. 2003R-185 declaring its intention to vacate certain public streets, highways and service easements (Abandonment No. ABA2003-00080). REQUESTED BY: Brookfield Homes, 3090 Bristol Street, Suite 200 Costa Mesa, CA 92626. MOTION: CEQA FINDING: CATEGORICALLY EXEMPT, CLASS 5 RESOLUTION NO.: 2003R-201 ABANDONMENT NO. 2003-00080. A Resolution of the City Council of the City of Anaheim vacating certain public streets highways and service easements (Abandonment No. ABA 2003-00080). MOTION: Approve the quitclaim of the City's right, title and interest in the abandoned areas to the property owner. Natalie Meeks, Public Works, stated the abandonment was to clear title on the redevelopment of 82 residential units for 2330-2340 West Lincoln Avenue. New electrical easements would be dedicated for service to that property. Mayor Pringle opened the public hearing. Receiving no comments, Mayor Pringle closed the hearing. Council Member Tait moved to approve the CEQA finding of Categorically Exempt, Class 5, and to adopt Resolution No. 2003R-201 vacating certain public streets and to approve the quitclaim of the City's right, title and interest in the abandoned area to the property owner; Council Member Hernandez seconded the motion. Roll Call Vote: Ayes - 5; Mayor Pringle, Council Members McCracken, Tait, Hernandez and Chavez. Noes - O. Motion Carried. B2. WAIVER OF CODE REQUIREMENT 179 CONDITIONAL USE PERMIT NO. 2003-04742 AND NEGATIVE DECLARATION: OWNER: Richter Farms Trust, 5505 Garden Grove Boulevard Westminster, CA 92683 AGENT: John Tarlos, Tarlos and Associates 17802 North Mitchell, Irvine, CA 92867 LOCATION: 1092 North State ColleQe Boulevard. Property is approximately 6.9 acres, located north and east of the northeast corner of State College Boulevard and La Palma Avenue. Request to construct a drive-through restaurant with waiver of minimum number of parking spaces. ANAHEIM CITY COUNCIL MEETING MINUTES November 4, 2003 PAGE 7 ACTION TAKEN BY THE PLANNING COMMISSION: Waiver of Code Requirement failed and recommended for Council consideration due to a tie vote (3-3, with one Commission vacancy). Conditional Use Permit No. 2003-04742 failed and recommended for Council consideration due to a tie vote (3-3, with one Commission vacancy). Negative Declaration approved (6 yes votes with one Commission vacancy). MOTION: CEQA FINDING: NEGATIVE DECLARATION. RESOLUTION NO.: 2003R-202 CONDITIONAL USE PERMIT NO. 2003-04742. A Resolution of the City Council of the City of Anaheim Granting Conditional Use Permit No. 2003-04742 Gregg Hastings, Planning Department, indicated Item B2 was before Council due to a tie vote by the Planning Commission for the approval of a conditional use permit which would allow the construction of a drive-thru fast-food restaurant in a portion of a commercial center currently occupied by an under-utilized parking area. The applicant, Wendy's Restaurant, worked closely with staff to design an architecturally enhanced facility that would contribute to the continuing beautification of the State College Boulevard corridor. The Commission and staff were supportive of this proposal with the only exception being the orientation of the drive-thru lane. Staff suggested the building be rotated so that the drive-thru lane be located at the side of the building rather than dominate the front. This reorientation would place the drive-thru lane in a location less prominent from the street view. The applicant indicated concern in making this change as the boundaries of his lease would need to be amended. Mayor Pringle opened the public hearing. John Ferrara, Director of Engineering for Wendy's International, indicated that based on September 28th Planning Commission comments, an architecturally enhanced building plan was submitted on October 6, 2003 with every effort taken to minimize the impact of the drive-thru from the street by using canopies over the windows to screen the view. Additionally, the landscape buffer along State College Boulevard had been enhanced and a screen wall provided The only negative concern from the Planning Department, he stated, was that the drive-thru windows were along State College Boulevard. No other comments from the public were received and Mayor Pringle closed the public hearing. The architect, John Tarlos, pointed out the main entrance is through the side of the building with a secondary exit which acts as fire exit and a pedestrian passage that allows access to State College Boulevard. He stated that if the building design were reoriented and the building met all codes, the restaurant would exceed the leased property boundaries. Council Member McCracken expressed concern over the applicant's proposed orientation of the fast-food restaurant and drive-thru pattern. Mayor Pringle was supportive of the facility to enhance a parcel that had limitations. Council Member Hernandez moved to approve CEQA finding of negative declaration and to adopt Resolution No. 2003R-202, Council Member Tait seconded the motion. Ayes - 4; Mayor Pringle, Council Members Tait, Hernandez and Chavez. Noes - 1; Council Member McCracken. Motion Carried. ANAHEIM CITY COUNCIL MEETING MINUTES November 4, 2003 PAGE 8 13 7 83. A public hearing to consider refinancing a portion of the costs of certain improvements to the Arrowhead Pond of Anaheim by the issuance and sale of bonds of the Anaheim Public Financing Authority. RESOLUTION NO. 2003R-203 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving certain transactions relating to certain lease arrangements for the Arrowhead Pond of Anaheim, including the refinancing of certain lease obligations and the entry into a new facilities management agreement; approving the form of and authorizing the execution and delivery of specified documents in connection therewith; and authorizing the execution of related documents and certificates and the taking of related actions. City Manager David Morgan reported that in April of 2002, Covanta, previously known as Ogden Corporation, filed for bankruptcy. Covanta was the manager of the Arrowhead Pond that was owned by the City of Anaheim. Since that time, City staff had worked diligently to protect the City's interests and, if possible, enhance them, working cooperatively with various parties to achieve a seamless transition of the Pond management agreement through a bankruptcy court proceeding. Mr. Morgan noted that if this effort was successful, the building would receive a significant write- down of its current debt and obligations, would retain a proven management team, would have a third party partner with significant Orange County roots and would increase the potential of revenues to the City and additional entertainment opportunities. He indicated that ten years ago Covanta agreed to operate and make debt service payments on the Anaheim arena for 30 years in return for an annual management fee and the right to make a profit from the facilities operation. As a result of their bankruptcy, Covanta was divesting its entertainment assets. Covanta and the bank holding a letter of credit for the bond holders have agreed to the proposed write down of $100,000,000 leaving approximately $40,000,000 to $45,000,000 to be financed by a new entity, Anaheim Arena Management, LLC. After the transfer, Anaheim Arena Management would assume all operating obligations, payments and promotional costs in return for a share of operating profits. These would be split with the City on a formula basis similar to the original agreement. To summarize the benefits and the logic behind the recommendation, Mr. Morgan stated the proposal provided complete protection to the general fund and there would be no financial or operational risks and/or obligations. Anaheim Arena Management would be responsible for all building operating costs, debt payments, capital enhancements and liability resulting from the project's financing liabilities that was done in the late 90's. Mr. Morgan also believed a very important asset and investment for the City of Anaheim would be protected and the City could help control future operations and enhance opportunities to attract tenants and events. With the $100,000,000 write-down of combined debt services and other advances and losses on the building, Mr. Morgan noted the City would gain full control of the property at Katella and Douglas and would no longer be responsible for making the annual possessory interest tax payment, which was approximately $230,000 this year. He further stated the new transaction established a new bench mark, flatlined for the term of the contract, above which profit sharing would begin. Mr. Morgan reported that subject to Council's approval, the documents would be sent for approval to the bankruptcy court and if effective before the end of the calendar year, the City would immediately have a $230,000 savings. The public hearing was opened by Mayor Pringle. No comments were offered and Mayor Pringle closed the hearing. ANAHEIM CITY COUNCIL MEETING MINUTES November 4, 2003 PAGE 9 Mayor Pringle was supportive of this proposal and appreciated the diligence of staff, H&S Ventures and Anaheim Arena Management, LLC. Mayor Pringle detailed the three reasons he felt this was a good proposal: 1) Council was aware of the progress that had been made since the spring and applauded the City's proactive stance. The Mayor stated that if the City asset were left on an open market, Anaheim, as the owners of the Pond would not necessarily have a say in who would operate the facility, who the management partner would be, what their priorities would be and what decisions would be made; 2) This transaction would protect taxpayer's assets in the City, continuity for ticket holders would continue with the seamless transition, there was no general fund exposure and the City would have a partner with a commitment to Orange County; and 3) This proposal would allow Anaheim to build toward the future; there would be no uncertainty as to the future of the Arrowhead Pond. Council Member McCracken remarked that this was the fourth City Council that had made a decision on the Arrowhead Pond and thanked the Mayor for his leadership and her colleagues for being receptive to the proposal. Council Member Chavez congratulated staff and Council for their efforts under Mayor Pringle's leadership role. The proposal provided complete protection for taxpayers in a venue with potential for enhanced opportunities. Council Member Hernandez also praised City staff for their protection of Anaheim's assets and for demonstrating a business-like attitude and approach on this issue. Council Member Hernandez also noted that the Arrowhead Pond, as last year's hockey season would reflect, had a regional impact, and Anaheim would continue to be a leader in the county and the sports community. Council Member Tait reflected that one of the reasons Anaheim was able to accomplish this deal was because the original contract twelve years ago protected the City from a huge financial catastrophe. He reiterated that Anaheim's leadership was a huge upside for the City. Dave Morgan thanked Council for their clear direction and patience. Mr. Morgan introduced the team involved in the transaction: Jack White, City Attorney; Greg Smith, General Manager of the Convention Center; Bill Sweeney, Finance Director; outside counsel, Jill Draffin and Gene Carron; and Tom Wood, Assistant City Manager. Mr. Wood pointed out the team and H&S partners participated in 109 meetings. Council Member McCracken moved to adopt Resolution No. 2003R-203 approving certain transactions relating to the Arrowhead Pond of Anaheim, Council Member Hernandez seconded the motion. Roll Call Vote: Ayes - 5; Mayor Pringle, Council Members McCracken, Tait, Hernandez and Chavez. Noes - O. Motion Carried. Mayor Pringle recessed the Anaheim City Council meeting to reconvene the Anaheim Public Financing Authority at 6:10 P.M. Mayor Pringle reconvened the Anaheim City Council meeting at 6:11 P.M. REPORT ON CLOSED SESSION ITEMS: There were no items to report from closed session COUNCIL COMMUNICATIONS: ANAHEIM CITY COUNCIL MEETING MINUTES November 4, 2003 PAGE 10 Council Communications were taken prior to the public hearing portion of the agenda. Council Member McCracken commented on Item A 12, Senior Transportation Funding, indicating it was a real asset for the City of Anaheim and congratulated staff for obtaining program for our seniors. Council Member McCracken also announced a pre-Veteran's Day celebration to be held November 6,2003 at noon at the Veteran's Memorial. Council Member Chavez thanked firefighters for their heroic efforts in the recent Southern California fire storm. Council Member Tait reported he received complaints about the gazebo at Ross Park due to lack of shade and aesthetics. Mr. Morgan indicated City would look at redesign of the gazebo. Mayor Pringle stated he had been working with the Big 10 Cities Coalition comprised of mayors of the 10 largest cities in California. He noted that this week the 10 mayors signed a letter to Governor-elect Schwarzenegger to ensure those resources that are part of the vehicle license fee that were presently going to cities would be backfilled by the State. He also noted that he would be joining with several other mayors to personally meet with Governor Schwarzenegger discuss this issue specifically. ADJOURNMENT: There being no further business to come before the City Council, Mayor Pringle adjourned the meeting at 6:12 P.M. Re1~ctf. ully submitted: ~.~ #~~~ Sheryll Schroeder, CMC City Clerk