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2006/08/08 ANAHEIM, CALIFORNIA CITY COUNCIL REGULAR ADJOURNED MEETING OF AUGUST 8, 2006 The August 8, 2006 City Council meeting was called to order at 3:00 P.M. in the Council Chambers of Anaheim City Hall, 200 South Anaheim Boulevard and adjourned to 3:30 P.M. for lack of a quorum. Mayor Pringle opened the adjourned regular meeting at 3:42 P.M. PRESENT: Mayor Curt Pringle, Council Members: Richard Chavez, Lorri Galloway, Bob Hernandez and Harry Sidhu. STAFF PRESENT: City Manager Dave Morgan, City Attorney Jack White, and City Clerk Sheryll Schroeder. A copy of the agenda for the August 8th meeting was posted on August 4, 2006 at the City Hall exterior bulletin board. ADDITIONS/DELETIONS TO CLOSED SESSION: NONE PUBLIC COMMENTS ON CLOSED SESSION ITEMS: NONE Mayor Pringle recessed to Closed Session at 3:45 P.M. CLOSED SESSION: 1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Government Code Section 54956.9) Name of case: City of Anaheim v. Angels Baseball, LP, et aI., Orange County Superior Court Case No. 05CC01902. 2. CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION (Subdivision (a) of Government Code Section 54956.9) Name of case: Pacific Gas and Electric Company, et al. v. City of Anaheim, et al., United States District Court for the Eastern District of California, Sacramento Division, Case Nos. 2:06-CV-00559-MCE-KIM and 2:06-CV-00592-MCE-KIM. 3. CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION (Subdivision (a) of Government Code Section 54956.9) Name of case: Boldrey v. City of Anaheim, Orange County Superior Court Case No. 05CC08826. 4. CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION (Subdivision (a) of Government Code Section 54956.9) Name of case: Whitworth v. City of Anaheim, Orange County Superior Court Case No. 06CC03027. ANAHEIM CITY COUNCIL MEETING MINUTES August 8, 2006 Page 2 5. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Government Code Section 54956.9) Name of case: Moussa Raiszadeh and Akram Mahammadi v. City of Anaheim, et aI., Orange County Superior Court Case No. 050000072 (and consolidated cases) 6. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Significant exposure to litigation pursuant to subdivision (b) of Government Code Section 54956.9) Number of potential cases: one or more. Existing facts and circumstances: significant land movement and property damage to the properties located at 357, 365 and 373 Ramsgate Drive. 7. CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION (Initiation of litigation pursuant to subdivision (c) of Government Code Section 54956.9) Number of potential cases: one or more. Returning from closed session, Mayor Pringle reconvened the Council meeting at 5:30 P.M. Invocation: Pastor Roger Frick, Zion Lutheran Church FlaCl Salute: Council Member Sidhu At 5:35 P.M., Mayor Pringle called to order the Anaheim Redevelopment Agency and the Anaheim Housing Authority for a joint public comment session. ADDITIONS/DELETIONS TO ANY OF THE AGENDAS: The dollar amount reflected in Item No. 16 was corrected to read $574,747.22. Staff requested the public hearing noted in Item No. 39 be continued to September 26, 2006. PUBLIC COMMENTS (ALL MATTERS EXCEPT PUBLIC HEARINGS): Johanna Gullick, Jamboree Housing Corporation, spoke in support of Item No.6. To correct misinformation disseminated at the last Council meeting, she stated Jamboree held public and neighborhood meetings and offered tours of several similar developments. The comments and concerns received related to density, whether or not the units were for families, alternative uses of the site and points of contacts for any problems occurring on the site. She reported Jamboree had reduced the facility from 33 units to 25 units, increased the two bedroom units from four to ten and eliminated all studio units. She emphasized resident screening was extensive and sex offenders or those with violent or criminal backgrounds were prohibited from living on the site; in addition, there would be a property manager on site as well as two case workers. She added studies had shown that property values were not negatively impacted with the location of this type of resident facility and she believed the developer had come up with a design in the spirit of Anaheim's historical district and would continue to work with neighborhood residents. Helen Cameron, Executive Director of Homes Inc., addressed the Jamboree project, remarking that a similar home had been located in Anaheim for 15 years and had never received a complaint from a neighbor. She pointed to the need for this type of program in the community and described the typical resident clientele. ANAHEIM CITY COUNCil MEETING MINUTES August 8, 2006 Page 3 Council Member Galloway explained to the audience she left the dais when William Fitzgerald took the podium during public comment session, having made the choice not to be victimized by an individual using the microphone for personal attacks. She added the relentless attacks on the Eli Home was an affront to a 23 year-old charity which does good work and was a travesty to the volunteers, staff and board members who dedicated their lives to this organization. Mark Refowitz, Director, Orange County Mental Health Agency, supported Item No.6, indicating the health care agency provided behavioral services to more than 60,000 residents each year. When Proposition 63 was approved in 2004, funds were available to provide programs for the homeless mentally ill in Orange County and this funding allowed individual service to be provided to residents in safe affordable housing in partnership with cities to provide such housing opportunities. Erica Poa, former resident of a Homes facility, stated she had recovered her mental health through the programs provided at the housing facility and was now living on her own with HUD assistance. Caesar Covarrubias, Kennedy Commission, urged support for Jamboree Housing to provide more housing options for working families in the City and to meet the City's strategic plan goals. Howard Black, Alliance for Mentally III in Orange County, spoke on the issue of mental illness from his personal knowledge I addressing the need for programs and housing for such individuals. He stated Anaheim had an opportunity to step up and do the right thing for a group of people not able to help themselves. Jeff Thrash, Executive Director of Mental Health Association of Orange County, announced his organization provided services to 20,000 individuals a year, similar to the programs offered at Jamboree Housing. He emphasized these programs had taken the homeless, provided them with housing and care and 80 percent of those involved were no longer homeless and 50 percent were now employed. He strongly supported the Jamboree project for their proven track record of success. Alan Baldwin, Executive Director of Orange County Community Housing Corporation, expressed support for Jamboree Housing project stating Jamboree Housing and Homes, Inc. were exceptional leaders with proven successful projects and programs. Eric Altman, Orange County Community Organized for Responsible Development, stated that over the next few years thousands of market rate housing would be constructed in the Platinum Triangle, however, none would be affordable to low wage earners. At the same time, low wage service sector jobs would be needed in the City. His organization supported projects such as Jamboree's project and special needs housing as a part of the overall need for affordable housing. Martin Lopez, resident, currently financial treasurer of Hotel Employees Union I reported that many members were working in Anaheim but could not afford to live there as the average cost of housing in Anaheim reflected the need for $27 an hour wages. The union supported projects such as Jamboree Housing Corporation that would pay standard wages to local construction workers. Kathryn Aiken, resident, spoke against the Jamboree project, recommending the site which was originally promised as a park I be utilized as a park for neighborhood children. Paul Kott, resident, objected to the Jamboree Housing facility, stating there would be repercussions to adjacent residents and it was not an appropriate use for the site. ANAHEIM CITY COUNCil MEETING MINUTES August 8, 2006 Page 4 Stan Polowski, resident, spoke against the Jamboree project, remarking the Anaheim Housing Committee had voted against the project because of the area and density factor which still remained as concerns of the neighborhood. Debra Baker, resident, questioned why she had been denied a permit to build a granny flat unit for a sick relative because she lived in a sewer depleted area and the City would allow a 25 unit housing project in that same area. Mayor Pringle asked for a report back to Council as to why an individual would be denied construction based on sewer depletion. Marcia Garten provided a letter from the League of Women Voters, supporting the Jamboree housing project believing all citizens deserve to live in clean, safe housing. James Duran, resident, spoke of his neighborhood being saturated with low income residents, with unsupervised children, homelessness and graffiti. He felt the Jamboree project would further exacerbate the problem. Rachel Pedroza, current chair of Orange County Health Board, stated the Jamboree Housing project was a wonderful opportunity to provide decent housing to needy individuals. Lucy Methot, resident, stated the Jamboree project would not directly affect her, but her property in Fullerton had been adversely affected by the location of a halfway house near her property. Shaboo Berke stated she suffered from mental illness and now lived in a low income tax credit property on Beach Boulevard and Ball Road, adding it was a well maintained facility with strict regulations for the residents residing there, many of whom did not have cars and did not drive. Judy Adams supported Jamboree Housing, emphasizing mental illness was not a gateway to crime, drug use or other addictions. She indicated programs such as those provided by Homes, Inc. were for people like her to get back into the community. Sean Albiotti, resident, opposed the Jamboree project stating the numerous children in the neighborhood could be affected. Dane Lybart, resident, believed the project redesign had changed for the better as it would service families. He stated there would be much more oversight in this development than there would be with a regular apartment building as the residents of this project would be well looked after. At 6:35 P.M" Mayor Pringle recessed the meetings for 1 0 minutes, to reconvene the Agency and the Council sessions for joint public hearings on the following items: JOINT PUBLIC HEARINGS: 3. A Joint Public Hearing to consider approving a Disposition and Development Agreement by 2894 and between the Anaheim Redevelopment Agency and CIM Urban Real Estate Fund, LP (Retail Space, located along Center Street Promenade). Elisa Stipkovich, Community Development Director, reported this item was a request to approve the sale of property to CIM. She explained the City owned approximately 23,000 square feet of retail space that was incorporated into three parking structures the Agency owned along Center Street promenade. The disposition and development agreement (DDA) before Council and the ANAHEIM CITY COUNCil MEETING MINUTES August 8, 2006 Page 5 Agency would be to approve the sale of that property to CIM for $1,500,000 with CIM adding approximately $700,000 of improvements. In addition, after CIM received a return on their investment, the City would receive 50 percent of the additional profit either from cash flow or from the sale of that property. Ms. Stipkovich commented this was an important component to the entire project now under construction by CIM and the retail space would now be controlled by CIM along the Center Street Promenade. Mayor Pringle opened the public hearing for comments. Jim Adams, Los Angeles/Orange County Building & Trade Council asked the City to consider continuing Item NO.3. He announced CIM had withdrawn their request for a prevailing wage determination from the Department of Industrial Relations (DIR) and that the language in Section 311 of the DDA was vague as to whether the developer would be paying prevailing wages. He added the Trade Council had sent a letter to CIM requesting an answer to that question and had received no response. No other comments were offered and the hearing was closed by the Mayor. Council Member Chavez indicated he had reviewed the DDA and felt it was ambiguous on the issue of prevailing wage as it applied to this project and would appreciate continuing the item until that point could be clarified. Mayor Pringle confirmed with staff that the terms of the DDA stated if CIM was legally required to pay prevailing wage on this project, they would do so and if it was not legally required, CIM would pay responsible wages. Ms. Stipkovich added that it was questionable whether prevailing wage would be required as the property was being sold at fair market value. Mary Anderson, CIM representative, stated CIM withdrew their request for a wage determination from the DIR for a specific DDA relating to parcels A, Band C (Item No.4) and had agreed to pay prevailing wages for those sites to make the project move forward expeditiously. She added since CIM was paying fair market value for the retail property identified in Item 3, CIM was not required to go before the DIR as no consent to be able to pay responsible wages was needed. Mayor Pringle asked what type of improvements would be made on the retail space and Ms. Anderson responded CIM was attempting to revitalize the retail by inviting and repositioning retailers. She added the DDA was between CIM and the City as opposed to individual tenants and CIM could not extend any prevailing wage, if there had been that requirement, to the tenants themselves. Council Member Chavez asked if CIM requested a wage determination from DIR on this project and Ms. Anderson responded CIM did not as there was no need to do so since they were paying fair market value. She believed Mr. Adams had misinterpreted CIM's withdrawal of the wage determination from the DIR relating to parcels A, Band C. Jim Adams stated the Trade Council believed prevailing wage was required on Item NO.3 and again requested it be continued to allow the legal staff to resolve the issue. Council Member Chavez felt this was an issue that should be resolved and moved to continue Item No.3, seconded by Agency Member/Council Member Galloway. Mayor Pringle confirmed with Ms. Anderson that CIM was not doing any major construction for the retail space but was looking at tenant improvements and possible repositioning existing tenant spaces. She added mechanical amenities such as air conditioning could be added. Commenting ANAHEIM CITY COUNCil MEETING MINUTES August 8, 2006 Page 6 that he did not see a need to continue this matter, Mayor Pringle stated CIM had been a responsible development partner in the City and was moving forward with several projects and making a huge investment in the City. He added CIM would also be taking over the management of existing retail space that had been underperforming and which the City had subsidized for many years, to bring more economic value to downtown Anaheim. He favored approval of Item NO.3. Council Member Sidhu concurred, stating CIM was buying air space, not the land nor the parking structure and would be making tenant improvements worth $700,000 for the 23,000 square foot retail space and he felt prevailing wage was not an issue on this project. Council Member Hernandez concurred, stating any ambiguities in the contract could be hashed out by the parties and he would support approval of the CIM development and disposition agreement. Mayor Pringle called for a vote on the earlier motion to continue the item to August 22, 2006. Roll call vote: Ayes - 2; Council Members Chavez and Galloway. Noes - 3, Mayor Pringle and Council Members Hernandez and Sidhu. Motion failed. Council Member Hernandez moved to approve RESOLUTION NO. 2006-182, seconded by Council Member Sidhu. RESOLUTION NO. 2006-182 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT (RETAIL SPACE) BY AND BETWEEN THE ANAHEIM REDEVELOPMENT AGENCY AND CIM URBAN REAL ESTATE FUND, LP, REGARDING CERTAIN REAL PROPERTY IN THE MERGED REDEVELOPMENT PROJECT, AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH. Roll Call vote: Ayes - 3; Mayor Pringle, Council Members Hernandez and Sidhu. Noes - 2; Council Members Chavez and Galloway. Motion Carried. 4. A Joint Public Hearing to approve the First Amendment to the Amended and Restated 2894 Disposition and Development Agreement (Parcels A, Band C) between the Agency and CIM Urban Real Estate Fund, LP, regarding certain real property bounded by Anaheim Boulevard, Broadway, Harbor Boulevard and Center Street Promenade. Elisa Stipkovich reported this was an amendment to the CIM agreement regarding parcels A, B and C. She indicated there were five buildings being constructed under the CIM Disposition and Development agreement (DDA) and as part of the total project, CIM would also build certain public improvements, including the Cultural and Heritage Center now known as the Museo, the public plaza areas as well as improving the Carnegie Library building to make it accessible and tie into the new facility they would be constructing for the City on Parcel A. She reported the City was seeking to increase the dollar amount of CIM public improvements by $9 million which represented an increase in the cost to build the Museo facility, the plaza areas as well as the improvements to the Carnegie Library. Ms. Stipkovich emphasized this was a prevailing wage project as well as everything else associated with Parcels A and Band C. Mayor Pringle asked if this included the improvements on Broadway and Ms. Stipkovich confirmed there were street improvements to Broadway allowing for angled parking and reducing the street size slightly to make it more pedestrian friendly. Mayor Pringle opened the public hearing for comments and receiving none, closed the hearing. ANAHEIM CITY COUNCil MEETING MINUTES August 8, 2006 Page 7 Jim Adams, Building & Trade Council representative, thanked staff and CIM for their explanation offered earlier relating to prevailing wages and stated his organization would not be asking for a delay in the approval of this item if CIM would confirm that prevailing wages would be utilized in this project. Bill Taormina, resident, acknowledged the work being done by staff and CIM and their commitment to the downtown. He spoke of CIM's investment in the downtown area with almost $150 million which would change the face of the downtown area, and thanked the developer for their efforts and City leaders for their progressive thinking. Mary Anderson, CIM representative I stated it was CIM's intention to continue to build Parcels A, B and C with prevailing wage labor. Council Member Chavez moved to approve that certain First Amendment to the Amended and Restated Disposition and Development Agreement (Parcels A, Band C) by and between the Agency and CIM Urban Real Estate Fund, LP, regarding certain real property bounded by Anaheim Boulevard, Broadway, Harbor Boulevard and Center Street Promenade; and make the finding that, other than set forth in the First Amendment, no other reasonable means of financing the public improvements are available to the community, seconded by Council Member Sidhu. Roll call vote: Ayes - 5; Mayor Pringle, Council Members: Chavez, Galloway, Hernandez and Sidhu. Noes - O. Motion carried. 5. A Joint Public Hearing to approve a Disposition and Development Agreement with WL 2732 Homes, LLC, regarding certain real property bounded by Santa Ana, Olive, Atchison, and Water streets. Elisa Stipkovich reported Item 5 was to approve a disposition and development agreement with WL Homes (dba John Laing Homes Company) on a project the City had been working on for some time, the Kwikset site. She indicated John Laing Homes had been working with the community and with staff on site planning and had received their entitlements to construct 135 town home condominiums of which 27 would be affordable to low and moderate incomes. She added the developer was paying fair market value excluding the discount for the affordable units which translated to a $3 million write-down. The developer would also be paying $15.25 million and would give the Agency 25 percent of the sales prices if units sold for more than the projected sales price. She added the Agency would commit $1.35 million for down payment assistance from State funds and set asides. Mayor Pringle opened the public hearing for comments. Steve Cable, John Laing Homes representative, reported the developer was glad to build both market rate and affordable housing for the City and was available for questions. With no other public comments offered, Mayor Pringle closed the hearing. He stated this project had been a long time in coming and that John Laing Homes was a good builder whose marquis project on Anaheim Boulevard stood out as an appealing and attractive complex with 20 single family homes and 36 affordable units attached on the front end and he would be supportive of this development agreement. ANAHEIM CITY COUNCIL MEETING MINUTES August 8, 2006 Page 8 Council Member Sidhu voiced his support and thanked the developer for taking a difficult site needing environmental clean-up and building homes of which 20 percent would be affordable for- sale units. Council Member Hernandez moved to approve RESOLUTION NO. 2008-183, seconded by Council Member Galloway. RESOLUTION NO. 2006-183, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT WITH Wl HOMES llC AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH. Roll call vote: Ayes - 5; Mayor Pringle, Council Members: Chavez, Galloway, Hernandez and Sidhu. Noes - O. Motion carried. Mayor Pringle adjourned the Redevelopment Agency and City Council meetings to consider the Anaheim Housing Authority agenda and reconvened Council session at 7:15 P.M. CONSENT CALENDAR: Mayor Pringle removed Item No's 9, 10, and 14 for separate discussion; Council Member Hemandez pulled Item No. 12. Council Member Sidhu moved to approve the balance of the consent calendar Items 8 - 36, seconded by Council Member Galloway to waive reading in full of all ordinances and resolutions and to approve the following in accordance with the reports, certifications and recommendations fumished each Council Member and as listed on the Consent Calendar. Roll call vote: Ayes - 5; Mayor Pringle, Council Members: Chavez, Galloway, Hernandez and Sidhu. Noes - O. Motion carried. 8. Receive and file the Golf Commission meeting minutes of June 22, 2006, Housing and 8105 Community Development Commission minutes of July 19,2006, and the Park and Recreation Commission minutes of June 28, 2006. 11. Award the contract to the lowest responsible bidder, R.J. Noble Company in the amount of 4139 $398,631.67, and approve and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions for the Harbor Boulevard, Lincoln Avenue to Broadway street improvement project. 13. Award the contract to the lowest responsible bidder, R.J. Noble Company in the amount of 4141 $920,218.60, and approve and authorize the Finance Diredorto execute the Escrow Agreement pertaining to contract retentions for the Harbor, Orangewood to Chapman street improvement project. 15. Award the contract to the lowest responsible bidder, All American Asphatt Company in the 4143 amount of $795,191, and approve and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions for the Weir Canyon Road, North City Limits to the Santa Ana Bridge street improvement project. ANAHEIM CITY COUNCil MEETING MINUTES August 8, 2006 Page 9 16. Award the contract to the lowest responsible bidder, Robert G. Castongia, Inc., in the 4144 amount of $574,747.22, and approve and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions for the Katella Avenue Water Main, Anaheim Way to Lewis street improvement project. 17. Award the contract to the lowest responsible bidder, GMC Engineering, Inc" in the amount 4145 of $1,687,843.50, and approve and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions for State College Boulevard median and landscape beautification improvements from Wagner Avenue to South Street. (Phase 4A) 18. Approve Amendment No.1 to the agreement with Robert Borders & Associates, for 3465 architectural and construction observation services for the Anaheim Police Department Air Support Facility at a cost not to exceed $367,938. 19. Approve Lot Line Adjustment No. 614 as it pertains to the Well No. 54 project located at the P170 corner of Ellsworth Avenue and Claudina Street. 20. Approve the Cooperative Agreement with the State of California (Caltrans) for the Imperial 4146 Highway Smart Street improvements for the segment between 604 feet north of SR-91 Freeway (Santa Ana River Bridge) and La Palma Avenue intersection located within the City of Anaheim. 21. Approve an agreement with Public Financial Management for professional services in 4121 conjunction with the establishment of a Community Facilities District and overlay CFDs and related Assessment District financings associated with the formation of the Platinum Triangle CFDs and overlays, and subsequent financings that may occur related to the Platinum Triangle. (Continued from 7/25/06) 22. Accept the low bid and authorize the execution of an agreement with Grace Building 4147 Maintenance Company, Incorporated, in an amount not-to-exceed $83,292 for landscape service of all Anaheim library properties for a two-year period with three, one-year optional renewals, and authorize the Purchasing Agent to execute renewal options, all in accordance with Sid #6763. 23. Approve the Amended and Restated Attorney Services Agreement with Orrick, Herrington 1893 & Sutcliffe for services as bond and disclosure counsel to the City. 24. Approve Amendment NO.1 to Contribution Agreement No. 12-471 and Amendment NO.1 1645 to Contribution Agreement No. 12-477, between the City of Anaheim and the State of 2731 California Department of Transportation, authorize the City Manager to execute all documents necessary to implement the amendments, and authorize the Executive Director of the Community Development Department to approve Planting and Irrigation Plans to the SR-91 and Tustin/Kraemer and SR-91 and Weir Canyon Interchanges. 25. Approve the Parking License Agreement between Beazer Homes USA, Inc. and the City of 4148 Anaheim, authorizing Beazer Homes to use a total of 60 parking spaces on the Sportstown site on a month-to-month basis. ANAHEIM CITY COUNCIL MEETING MINUTES August 8, 2006 Page 10 26. Approve the Parking License Agreement between D. R. Horton and the City of Anaheim, 4149 authorizing D. R. Horton to use a total of 60 parking spaces on the Sportstown site on a month~to-month basis. 27. Approve an agreement with the Orange County Health Services Agency for animal control 1458 services for the period of July 1, 2006 through June 30, 2007, in an amount estimated by the County of Orange to be $881,471 (precise cost to be based on field, shelter and licensing actions). 28. RESOLUTION NO. 2006-184 A RESOLUTION OF THE CITY COUNCIL OF THE F130 CITY OF ANAHEIM DECLARING ITS INTENTION TO ADOPT THE FIFTH AMENDED AND RESTATED FRANCHISE AGREEMENT WITH TAORMINA INDUSTRIES, LLC. FOR THE COLLECTION I HANDLING, PROCESSING, RECYCLING, TRANSPORTATION AND DISPOSAL OF SOLID WASTE WITHIN THE CITY LIMITS OF THE CITY OF ANAHEIM. Public Hearing scheduled for September 26, 2006. 29. RESOLUTION NO. 2006-185 A RESOLUTION OF THE CITY COUNCIL OF THE 0175 CITY OF ANAHEIM AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS MORE THAN TWO YEARS OLD. (Public Works Department) 30. RESOLUTION NO. 2006-186 A RESOLUTION OF THE CITY COUNCIL OF THE 0155 CITY OF ANAHEIM AUTHORIZING THE CITY MANAGER TO SUBMIT A GRANT APPLICATION ON BEHALF OF THE CITY OF ANAHEIM TO THE UNITED STATES DEPARTMENT OF LABOR, AND, IF AWARDED, AUTHORIZING THE ACCEPTANCE OF SUCH GRANT ON BEHALF OF THE CITY AND AMENDING THE BUDGET FOR FISCAL YEAR 2006-07 ACCORDINGLY. 31. RESOLUTION NO. 2006-187 A RESOLUTION OF THE CITY COUNCIL OF THE 0182 CITY OF ANAHEIM AUTHORIZING AND DIRECTING THE GENERAL MANAGER OF THE ANAHEIM PUBLIC UTILITIES DEPARTMENT TO ESTABLISH THE GREEN CONNECTION THAT ACCOMMODATES THE PRINCIPLES OF ENVIRONMENTAL SOUNDNESS AND SUSTAINABILlTY. 32. RESOLUTION NO. 2006-188 A RESOLUTION OF THE CITY COUNCIL OF THE 0182 CITY OF ANAHEIM AMENDING, DELETING, AND ADDING RATES TO THE RATES, RULES, AND REGULATIONS FOR THE SALE AND DISTRIBUTION OF ELECTRICITY AS ADOPTED BY RESOLUTION NO. 71-478 AND MOST RECENTLY AMENDED BY RESOLUTION NO. 2oo3R-187. 33. ORDINANCE NO. 6029 (INTRODUCTION) AN ORDINANCE OF THE CITY OF C280 ANAHEIM AMENDING THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO ZONING (RECLASSIFICATION NO. 2006- 00177) (529 S. West Street). 34. ORDINANCE NO. 6030 (INTRODUCTION) AN ORDINANCE OF THE CITY OF M142 ANAHEIM AMENDING TABLE 4-A OF SECTION 18.04.030 OF CHAPTER 18.04 AND SUBSECTION .040 OF SECTION 16.38.060 OF CHAPTER 16.38 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE PERTAINING TO TELECOMMUNICATION FACILITIES (ZONING CODE AMENDMENT NO. 2006-00048) ANAHEIM CITY COUNCil MEETING MINUTES August 8, 2006 Page 11 35. ORDINANCE NO. 6031 (INTRODUCTION) AN ORDINANCE OF THE CITY OF M142 ANAHEIM AMENDING VARIOUS CHAPTERS OF TITLE 18 OF ANAHEIM MUNICIPAL CODE RELATING TO ERRORS, OMMISSIONS, CLARIFICATIONS AND UPDATES (ZONING CODE AMENDMENT 2006-00046). 36. Approve the Anaheim City Council regular meeting minutes of July 25, 2006. END OF CONSENT CALENDAR: 9. Award the contract to the lowest responsible bidder, R.J. Noble Company in the amount of 4137 $385,159.90, and approve and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions for the Katella Avenue, Lewis Street to Southern Pacific Railroad street improvement project. Natalie Meeks, Public Works, stated Item NO.9 was a resurfacing project and was a result of a pavement study the City conducted every two years on arterials and had applied for and received funding for 33 resurfacing projects this year. She added it did not impact future street widenings or future street repairs which were scheduled for a couple of years away indicating this portion of Katella was at the top of the priority list for resurfacing. Mayor Pringle asked if it was appropriate to resurface Katella at this time, when every inch of the road between Lewis and the railroad tracks was under construction and numerous trucks traveled that portion of the street daily. He added he wanted to ensure the Department was overseeing whether or not the road would be torn up for sewers or other improvements during the coming year. Ms. Meeks responded the Department would look into the master plan for improvements to determine whether any construction was scheduled but she confirmed the sewer line improvements would stop at the east side of Lewis Street. City Manager Dave Morgan recommended Council receive a report that showed the phasing for all the improvements scheduled. Mayor Pringle moved to approve Item No.9, seconded by Council Member Galloway. Council Member Hernandez asked about the durability of pavement material which consisted of ground up rubber tires. Ms. Meeks responded the City had looked at the product initially but found it was not in their best interests to use, and it had not been included in resurfacing specifications. She indicated staff could revisit the product to determine whether it was better quality and longer lasting. Mayor Pringle pointed out Orange County Transit Authority (OCT A) would be putting rubberized asphalt on a portion of the 22 freeway from Euclid to Magnolia as a model project. He indicated the freeway improvements would be completed at the end of November and drivers could determine for themselves the difference between asphalt resurfacing and rubberized resurfacing which was costlier but was supposed to reduce sound. Roll call vote: Ayes - 5; Mayor Pringle, Council Members: Chavez, Galloway, Hernandez and Sidhu. Noes - O. Motion carried. 10. Award the contract to the lowest responsible bidder, R.J. Noble Company in the amount of 4138 $1,327,270.77, and approve and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions for the Nohl Ranch Road, Serrano Avenue to Walnut Canyon Road street improvement project. Mayor Pringle stated he had removed this item from the consent calendar as this roadway was a priority area for resurfacing but that he also believed Santa Ana Canyon Road had similar ANAHEIM CITY COUNCil MEETING MINUTES August 8, 2006 Page 12 problems and should be inspected. The City Manager indicated he would have a report to Council prepared on Santa Ana Canyon Road and when it was scheduled for resurfacing. Mayor Pringle moved to approve Item NO.1 0, seconded by Council Member Hernandez. Roll call vote: Ayes - 5; Mayor Pringle, Council Members: Chavez, Galloway, Hernandez and Sidhu. Noes - O. Motion carried. 12. Award the contract to the lowest responsible bidder, R.J. Noble Company in the amount of 4140 $439,241, and approve and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions for the Katella Avenue, Douglass Road to East City Limits street improvement project. Council Member Hernandez asked when the construction for Katella Avenue would commence. Natalie Meeks, Public Works, responded once the contract was approved, the contractor would provide additional insurance documents to the City before a Notice to Proceed would be given, but she expected the project to start within the next 30 to 60 days. She added it was a reconstruction/resurfacing project with no widening and no signal work involved. Council Member Hernandez suggested not commencing the project until after baseball season so as not to impact fans getting to and from the stadium; Ms. Meeks replied the City would be able to work with the contractor on an appropriate scheduling date. Council Member Hernandez moved to approve 'Item No. 12; seconded by Council Member Sidhu. Roll call vote: Ayes - 5; Mayor Pringle, Council Members: Chavez, Galloway, Hernandez and Sidhu. Noes - O. Motion carried. 14. Award the contract to the lowest responsible bidder, R. J. Noble Company in the amount of 4142 $274,043.60, and approve and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions for the Lincoln Avenue, Lincoln-Rio Vista to West of Rio Vista street improvement project. Mayor Pringle pulled the item for discussion as the neighbors within the Rio Vista community had expressed concerns over the nearby Ralph's shopping center and the lack of maintenance and property oversight. He was aware code enforcement was addressing some of those issues but recognized a large part of the discussion was what the City could do to improve Lincoln Avenue. He indicated a landscape plan had been approved 18 months ago and he had assumed the landscape improvements would be scheduled sooner rather than later. He asked why a portion of Lincoln was to be resurfaced when the City may be adding additional improvements within 18 months or sooner. Natalie Meeks responded this agenda item referred to a small stretch of pavement west of Rio Vista on Lincoln. She added the neighborhood's primary concern was the segment from Rio Vista to the river and a master plan had been approved but there was no funding in place. She added it was a $15 million project to build out as it required right-of-way acquisition and bridge widening. Ms. Meeks indicated the City Manager's office had asked the department to look at potential interim landscaping as it may be a number of years before funding was available for the full master plan build-out. Mayor Pringle remarked by approving the master plan and voting on the landscape plan 18 months ago, there was a degree of anticipation established by the public that the improvements would be done and he felt frustration in dealing with those neighborhoods and stating there was a plan approved but would not be implemented for four years. Mayor Pringle further stated he hesitated voting on this item as he wanted to determine how to motivate the activity on Lincoln to occur sooner but would do so and grant funds had been earmarked for this ANAHEIM CITY COUNCil MEETING MINUTES August 8, 2006 Page 13 specific roadway. Mayor Pringle asked for a discussion with the City Manager on the Lincoln project as he would like to show some degree of progress to residents in the eastern portion of the City. Mr. Morgan indicated there had been some planning on interim landscaping and that staff would have a report to Council within a few weeks on the issues discussed. Mayor Pringle moved to approve Item No. 14, seconded by Council Member Hernandez. Roll call vote: Ayes - 5; Mayor Pringle, Council Members: Chavez, Galloway, Hernandez and Sidhu. Noes - O. Motion carried. 37. Review the need for continuing the local emergency heretofore proclaimed by the Director D175 of Emergency Services as ratified by City Council Resolution No. 2005-17, and the subsequent orders issued pursuant thereto, concerning land movement and property damage in the vicinity of 357,365 and 373 Ramsgate Drive in the City of Anaheim, and, by motion I determine that the need for continuing the local emergency exists. Natalie Meeks, Public Works Department, provided an update on the Ramsgate landslide. Last year, she stated, the City drove pilings in Ramsgate Drive to stabilize the road and the public utilities on the upper portion of the landslide. In the last 6 months, an emergency access road along the old alignment of Hidden Grove was constructed to provide access to the neighborhood at the bottom of the landslide as their road was blocked from landslide material. This roadway opened up access for both the top and the bottom neighborhoods. The next step, Ms. Meeks reported, was to get the demolished housing debris cleared from the site and staff was working with FEMA to get funding for the debris removal. She indicated staff had been through a number of hearings for nuisance abatement to allow the City to get legal authority to go onto private property and take this action and that the last hearing occurred today. She added staff anticipated bidding out the clean-up work within the next 30-45 days and getting it completed before the rainy season this year. City Attorney Jack White commented the ultimate resolution, based upon the hearing officer's recommendation I would come back to Council for approval and after that if the debris was not voluntarily moved, the City would be in a position to go onto the properties. Council Member Hernandez moved to approve Item No. 37, seconded by Council Member Chavez. Roll call vote: Ayes - 5; Mayor Pringle, Council Members: Chavez, Galloway, Hernandez and Sidhu. Noes - O. Motion carried. 38. Appointment to Community Center Authority and Investment Advisory Board, terms to B105 expire June 30, 2010. Council Member Hernandez nominated Vijay Desai to the appointment and with no other nominees offered, Mr. Desai was appointed to the Community Center Authority. INVESTMENT ADVISORY: (Jack Schrader) This item continued to August 22,2006 meeting. ANAHEIM CITY COUNCil MEETING MINUTES August 8, 2006 Page 14 5:30 P.M. PUBLIC HEARINGS: 39. This is a public hearing to consider the approval of the Fifth Amended and Restated F130 Franchise Agreement with Taormina Industries, LLC, a wholly owned subsidiary of Republic Services, Inc. Mayor Pringle opened the public hearing and move to introduce ORDINANCE NO. 6032 and continued the hearing to September 26, 2006. ORDINANCE NO. 6032 (INTRODUCTION) AN UNCODIFIED ORDINANCE OF THE CITY OF ANAHEIM APPROVING THE FIFTH AMENDED AND RESTATED FRANCHISE AGREEMENT FOR COLLECTION I HANDLING, TRANSPORTATION, PROCESSING, RECYCLING AND DISPOSAL OF CITY SOLID WASTE FOR TAORMINA INDUSTRIES, INC. 40. CEQA ENVIROMENTAllMPACT REPORT NO. 330 C330 (PREVIOUSLY CERTIFIED) GENERAL PLAN AMENDMENT NO. 2005-00431 AMENDMENT NO.3 TO THE NORTHEAST AREA SPECIFIC PLAN NO. 94-1 OWNER: City-Initiated lOCATION: CityWide and as shown on the maps as Attachment No.4 to the City Council staff report. General Plan Amendment No. 2005-00431: City-initiated request to amend the Land Use, Circulation, Green and Growth Management Elements of the General Plan to incorporate various textual refinements and clarifications; to update various maps and tables resulting from General Plan Amendments approved since the 2004 comprehensive update to the General Plan; to revise the Corridor Residential land use designation description to allow for detached single-family residential uses in conjunction with attached single-family residential uses and to remove references to the minimum one-acre project size requirement; to amend the Green Element to include three additional parks and the expansion of an existing park facility; and, to propose various amendments to the Land Use Plan of the Land Use Element, as shown in Attachment No.4 to the City Council staff report. Amendment No.3 to the Northeast Area Specific Plan (SP94-1): City-initiated request to amend the Northeast Area Specific Plan (SP94-1) and its associated Development Area (DA) boundaries from DA 5 (Commercial Area) to DA 1 (Industrial Area) to be consistent with the revised General Plan land use designations proposed as part of General Plan Amendment No. 2005-00431. ACTION TAKEN BY THE PLANNING COMMISSION: Approved CEQA Envjronmentallmpact Report No. 330 (Previously Certified) (6 Yes votes, Commissioner Karaki absent). Recommended City Council approval of General Plan Amendment No. 2005-00431 (PC2006-66). Recommended Amendment No.3 to Northeast Area Specific Plan No. 94-1. Greg Hastings, Planning Services Manager, reported this was a City initiated request to amend the Land Use, Circulation, Green and Growth Management elements of the General Plan and the development boundaries of the Northeast Area Specific Plan. He stated a comprehensive update to the plan was approved in May, 2004 and to insure the General Plan's concept was kept up to date and reflected current City land use goals and polices, periodic reviews of the document were ANAHEIM CITY COUNCil MEETING MINUTES August 8, 2006 Page 15 necessary. Planning staff and other City departments reviewed various sections of the General Plan resulting in refinements being recommended to Council for adoption. Mr. Hastings indicated staff was recommending two modifications to the description of the Corridor Residential Land Use designation. The first change related to the deletion of the minimum one acre project size requirement. He explained following adoption of the General Plan, staff reviewed all corridor designated parcels that were less than an acre and found that many had a potential to be developed with quality residential projects due to the location and accessibility and deleting the one acre minimum size requirement would provide flexibility for additional residential development opportunities along the City's arterial corridors. The second recommended change would serve to allow a combination of attached and detached single family housing units on corridor designated sites. Currently the corridor residential designation only provided for the development of attached units, however, the development community had expressed interest in developing combination attached and detached projects on some of the larger corridor residential sites. As similar projects had been successfully built elsewhere in the City, staff was supportive of this concept. Planning staff also recommended amending the Land Use element to redesignate 27 parcels throughout the City; the amendments would be primarily intended to reflect planned park facilities or to correct the General Plan to achieve consistency with existing land uses. Staff also recommended the refinement of text and figures throughout the circulation and growth management elements to clarify existing goals and policies and to insure consistency with ongoing regional growth and transportation programs. With the addition of three park sites in addition to the Maxwell Park planned expansion, there were recommended revisions to the various maps, tables and text included in the Green Element of the General Plan. Lastly, staff recommended an amendment to the Northeast Area Specific Plan by redesignating the northeast, southeast and southwest corners of the intersection of Mira Loma Avenue and Red Gum Street from their current Development Area five which is commercial to Development Area one which is industrial. Mr. Hastings indicated all surrounding properties to this intersection currently had a Development Area one designation and staff believed an industrial designation was appropriate for this location because with the exception of one nonconforming single family residence, this intersection was developed exclusively with industrial land uses. Mayor Pringle opened the public hearing and receiving no comments, closed the hearing. Council Member Hernandez moved to approve Item No. 40, find and determine that the previously- certified Final Environmental Impact Report (EIR) No. 330, prepared in connection with the Comprehensive General Plan Update, is sufficient to serve as the environmental documentation for this action I approve Resolution No. 2006-189, introduce ORDINANCE NO. 6033 and approve RESOLUTION NO. 2006-190, seconded by Council member Galloway. RESOLUTION NO. 2006-189 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING GENERAL PLAN AMENDMENT NO. 2005-00431 I PERTAINING TO THE LAND USE, CIRCULATION, GREEN AND GROWTH MANAGEMENT ELEMENTS. ORDINANCE NO. 6033 (INTRODUCTION) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AMENDMENT NO.3 TO THE NORTHEAST AREA SPECIFIC PLAN NO. 94-1 AND AMENDING ORDINANCE NO. 5518 ACCORDINGLY (SPN2006-00035). ANAHEIM CITY COUNCil MEETING MINUTES August 8, 2006 Page 16 RESOLUTION NO. 2006-190 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AMENDMENT NO.3 TO SPECIFIC PLAN NO. 94-1 FOR THE NORTHEAST AREA SPECIFIC PLAN AND AMENDING RESOLUTION NO. 95R-155 ACCORDINGL Y. Roll call vote: Ayes - 5; Mayor Pringle, Council Members: Chavez, Galloway, Hernandez and Sidhu. Noes - o. Motion carried. Report on Closed Session Actions: Jack White stated Council unanimously authorized initiation of litigation in one case, the name to be available upon request following initiation of the action and serving of process upon all parties as provided in Government Code Section 54957.182. Council Communications: Council Member Hernandez reported Memorial Health Services announced plans to sell all or part of the 224 bed Anaheim Memorial Medical center and that he as chairman of the board, was working with the board to find ways to arrive at the best possible outcome for the hospital. He stated the hospital was currently seeking partners to maintain its operation and that it was in the best interests of the City to assist in that effort. Council Member Hernandez was seeking input from residents, businesses, organizations and individuals to insure the hospital was a primary provider of health services in Anaheim. Council Member Sidhu reported the first underground electrical switching station to provide electricity for homes in the area would be dedicated this fall and he congratulated the Utilities Department in continuing to pursue innovative ideas for the City. He was also pleased that developers would soon be submitting their ideas for the possible use of the City-owned 51.4 acres on August 31 st, which had been considered for a potential National Football League Stadium. Council Member Chavez congratulated staff and Council on the ground breaking ceremony for Mercy Housing Vineyard town homes project on this date stating it was the first step in providing affordable rentals in Anaheim in almost 20 years. He had also participated in the graduation of elementary and junior high school children in the Police Department athletic league and had been impressed by the program. He suggested the Fire Department get involved as mentors to children in the community as well. Mayor Pringle also addressed the underground substation remarking it would provide power, contain a landscaped park above ground and was a real asset to the City. He also visited the Boys and Girls Club August 7th with Bank of America officials who had donated 70 bicycles to the outreach program offered by the organization. Adjournment: At 8:45 P.M., the August 8,2006 City Council meeting was adjourned to August 22,2006 at 2:00 P.M. for a workshop on affordable housing strategic plan. Res ctfully sUb/it~d, '" eryll . sc~ City Clerk