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2009/02/10ANAHEIM CITY COUNCIL REGULAR ADJOURNED MEETING OF FEBRUARY 10, 2009 The regular meeting of February 10,2009 was called to order at 3:00 P.M. and adjourned to 4:00 P.M. for lack of a quorum. The regular adjourned meeting of February 10, 2009 was called to order by Mayor Pringle at 4:05 P.M. in the Chambers of Anaheim City Hall located at 200 South Anaheim Boulevard. A copy of the agenda was posted on February 6, 2009 on the kiosk outside City Hall. PRESENT: Mayor Curt Pringle and Council Members: Lorri Galloway, Bob Hernandez, Lucille Kring and Harry Sidhu. STAFF PRESENT: City Manager Dave Morgan, Acting City Attorney Cristina Talley, and City Clerk Linda Andal. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION (Subdivision (a) of Section 54956.9 of the Government Code) Name of case: City of Los Angeles et al. v. Hotels.com et al. LASC Case No. BC 326693; JCCP No. 4472 2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Section 54956.8 of the Government Code) Property: Approximately 7.5 acres located generally at the northwest corner of Katella Ave. and Douglas Road, Anaheim, CA Agency negotiators: Dave Morgan, Tom Wood Negotiating Parties: City of Anaheim and Anaheim Arena Management, LLC Under Negotiation: Price and terms Mayor and Council returned. from closed session at 5:22 P.M. Invocation: Chaplain Jimmy Gaston, Anaheim Police Department Flaa Salute: Mayor Pro Tem Bob Hernandez Acceptance of Other Recoanitions (To be presented at a later date): Proclaiming February 6 - 12, 2009, as Make Kindness Contagious Week Recognizing Abraham Lincoln on his 200th Birthday Recognizing Angeline Bevins and Katheleen Florence, Cypress College Foundation Citizens of the Year for the City of Anaheim Call to order the Public Financing Authority (in joint session with the City Council). ADDITIONS/DELETIONS TO THE AGENDAS: The applicant requested Public Hearing Item No. 23 be withdrawn from the agenda. City Council Minutes of February 10, 2009 Page 2 of 9 PUBLIC COMMENTS (all agenda items except public hearings): Marcus Gonzales, Orange County Human Relations Council, presented an update of the services his organization provided countywide and more specifically for Anaheim citizens. He provided Council with a copy of the annual report and thanked them for investing in the human relations infrastructure. Edward De Nunzi, representing past employees of Autonetics, encouraged Council to support Item No. 17, a resolution which would adopt a name change for Orchard Way to Autonetics Drive in recognition of the good works and prosperity the Autonetics Company had brought to this area. At 5:32 P.M. Mayor Pringle recessed this meeting to consider the Anaheim Public Financing Authority meeting, reconvening the City Council session at 5:40 P.M. CONSENT CALENDAR: Mayor Pringle removed Item No. 16 from the consent calendar for further discussion. Council Member Kring waived reading in full of all ordinances and resolutions on the balance of the consent calendar and to adopt the consent calendar in accordance with the reports, certifications and recommendations furnished each council member and as listed on the Consent Calendar, seconded by Council Member Hernandez. Roll Call Vote: Ayes - 5: Mayor Pringle and Council Members: Galloway, Hernandez, Kring and Sidhu. Noes - 0. Motion Carried. 3. Receive and file minutes of the Public Utilities Board meeting of December 4, 2008. B105 4. Award the contract to the lowest responsible bidder, JFL Electric, Inc., in the amount 5600 of $166,233, for the Danbrook Avenue at Knott Avenue Traffic Signal Improvements project and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. 5. Approve the Agreement for Acquisition of Tenant-Seller's Interest in Real Property 5601 and Improvements pertaining to realty and release with Sarah Boaz and Simone Chea, also known as Mimi's Donuts, for the total settlement payment amount of $150,000, for property located at 2181 West Katella Avenue, Suite B, for the Katella Avenue Smart Street -Humor Drive to Jean Street Project (R/V1/ ACQ2005-00241). 6. Approve the professional services agreement with IBI Group, in an amount not to 5602 exceed $600,000, for project management consulting services for the Anaheim Fixed- Guideway Project. 7. Waive the sealed bid requirements of Council Policy 4.0 and authorize the 3033.A Purchasing Agent to extend the current Master Agreement, for up to four months, with Servicon Systems, Inc., in an amount not to exceed $202,782, for cleaning services for the Anaheim Resort Maintenance District. 8. Waive Council Policy 401 and approve an agreement with Dougherty + Dougherty 5603 Architects, LLP, in the amount of $177,265, for consultant services to revise the existing construction documents and provide construction observation for the Brookhurst Community Center Expansion Project and adjust funding accordingly. City Council Minutes of February 10, 2009 Page 3 of 9 9. Waive Council Policy 401 and approve and authorize the Public Utilities General 5604 Manager to execute an agreement with Navigant Consulting, Inc., in an amount not to exceed $110,000, to assist the Public Utilities Department in the evaluation and implementation of recommended strategies dealing with Green House Gas emissions reduction requirements as mandated by Assembly Bill 32. 10. RESOLUTION NO. 2009-020 A RESOLUTION OF THE CITY COUNCIL OF THE D182 CITY OF ANAHEIM authorizing the Public Utilities General Manager or her designee to submit an application on behalf of the City of Anaheim to the United States Department of the Interior for the Water for America Challenge Grant Program: Water Marketing and Efficiency Grants for Fiscal Year 2009, and if so awarded, authorizing the acceptance of such project assistance on behalf of the City of Anaheim (Recycled Water Demonstration Project). RESOLUTION NO. 2009-021 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the Public Utilities General Manager or her designee to submit an application on behalf of the City of Anaheim to the United States Department of the Interior for the Water for America Challenge Grant Program: Water Marketing and Efficiency Grants for Fiscal Year 2009, and if so awarded, authorizing the acceptance of such project assistance on behalf of the City of Anaheim (Anaheim Resort District and Anaheim Convention Center Centralized Evapotranspiration- Based Irrigation Controller Project). 11. RESOLUTION NO. 2009-022 A RESOLUTION OF THE CITY COUNCIL OF THE D175 CITY OF ANAHEIM (i) reissuing a proclamation of the existence of a local emergency in the City of Anaheim as heretofore proclaimed by the Director of Emergency Services of the City of Anaheim and ratified by City Council Resolution No. 2005-17, and (ii) determining that the need for continuing the local emergency exists. 12. RESOLUTION NO. 2009-023 A RESOLUTION OF THE CITY COUNCIL OF THE D129 CITY OF ANAHEIM (i) reissuing a proclamation of the existence of a local emergency in the City of Anaheim as heretofore proclaimed by the Director of Emergency Services of the City of Anaheim and ratified by City Council Resolution No. 2008-204, and (ii}determining that the need for continuing the local emergency exists. 13. RESOLUTION NO. 2009-024 A RESOLUTION OF THE CITY COUNCIL OF THE P124 CITY OF ANAHEIM accepting certain deeds conveying to the City of Anaheim certain real properties or interests therein (City Deed Nos. 11221 and 11223). 14. RESOLUTION NO. 2009-025 A RESOLUTION OF THE CITY COUNCIL OF THE P124 CITY OF ANAHEIM accepting certain deeds conveying to the City of Anaheim certain real properties or interests therein (City Deed Nos. 11224 and 11225). 15. RESOLUTION NO. 2009-026 A RESOLUTION OF THE CITY COUNCIL OF THE P124 CITY OF ANAHEIM accepting certain deeds conveying to the City of Anaheim certain real properties or interests therein (City Deed Nos. 11226 and 11227). 17. RESOLUTION NO. 2009-028 A RESOLUTION OF THE CITY COUNCIL OF THE D175 CITY OF ANAHEIM changing the name of Orchard Way to Autonetics Way (SAC2009-00004). City Council Minutes of February 10, 2009 Page 4 of 9 18. ORDINANCE NO. 6128 (INTRODUCTION) AN ORDINANCE OF THE CITY OF D150 ANAHEIM amending Section 7.16.010.010 of Chapter 7.16 of Title 7 of the Anaheim Municipal Code relating to consumption of alcoholic beverages. 19. Approve minutes of the Council meeting of January 27, 2009. END OF CONSENT CALENDAR: 16. RESOLUTION NO. 2009-027 A RESOLUTION OF THE CITY COUNCIL OF THE D175 CITY OF ANAHEIM authorizing the Director of Public Works to apply for renewed Measure M Project Funds under Orange County Transportation Authority Program to convert Metrolink stations to regional gateways. Natalie Meeks, Public Works Director, reported Item No. 16 reflected a project the City had been working on for a number of years. The adoption of this resolution would authorize submittal of the Anaheim Regional Transportation Intermodal Center (ARTIC) Phase I project to Orange County Transportation Authority (OCTA) for funding consideration under Renewed Measure M. She indicated staff was moving forward with the request for $150 million to begin the first phase of ARTIC development, the planning and design component. She stated that once Council's approval was received, a Request for Qualifications (RFQ) would immediately be advertised resulting in a short list of architects and engineers to submit final proposals on the future design of the station. Council Member Hernandez moved to approve RESOLUTION NO. 2009-027 OF THE CITY OF ANAHEIM authorizing the Director of Public Works to apply for renewed Measure M Project Funds under OCTA Program to convert Metrolink stations to regional gateways, seconded by Council Member Kring. Roll call vote: Ayes - 5; Mayor Pringle, Council Members: Galloway, Hernandez, Kring and Sidhu. Noes - 0. Motion Carried. 20. RESOLUTION NO. 2009-029 A RESOLUTION OF THE CITY COUNCIL OF THE 5605 CITY OF ANAHEIM (I) approving the issuance of not to exceed $70,000,000 aggregate principal amount of revenue bonds of the Anaheim Public Financing Authority; (II) approving the forms and authorizing the execution of an Installment Purchase Agreement, an Indenture of Trust, a Continuing Disclosure Statement, a Purchase Contract and other related documents; (III) approving the delivery of a Preliminary Official Statement and an Official Statement; and (IV) approving certain actions in connection therewith (related to Public Financing Authority Item No. 02). Council Member Hernandez moved to approve RESOLUTION NO. 2009-029 OF THE CITY OF ANAHEIM (I) approving the issuance of not to exceed $70,000,000 aggregate principal amount of revenue bonds of the Anaheim Public Financing Authority; (II) approving the forms and authorizing the execution of an Installment Purchase Agreement, an Indenture of Trust, a Continuing Disclosure Statement, a Purchase Contract and other related documents; (III) approving the delivery of a Preliminary Official Statement and an Official Statement; and (IV) approving certain actions in connection therewith, seconded by Council Member Kring. Roll call vote: Ayes - 5; Mayor Pringle, Council Members: Galloway, Hernandez, Kring and Sidhu. Noes - 0. Motion Carried. City Council Minutes of February 10, 2009 Page 5 of 9 PUBLIC HEARINGS: 21. This is a public hearing to consider introducing an ordinance amending Chapter 4.24 D159 to correct certain clerical errors and approval of a resolution establishing fees relating to applications for amusement and entertainment premises (pool room permits). ORDINANCE NO. 6129 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending Subsection .010 of Section 4.24.030 of Chapter 4.24 of Title 4 of the Anaheim Municipal Code, Nunc Pro Tunc, to correct a clerical error in Ordinance No. 6122 previously adopted. Item 21: Ordinance Introduced. RESOLUTION NO. 2009-030 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM establishing fees relating to applications for amusement and entertainment premises -pool rooms. Cristina Talley, Acting City Attorney, reported action on Item No. 21 was to correct a clerical error in the original ordinance. Mayor Pringle opened the public hearing for Item No. 21 and receiving no comments, closed the hearing. Council Member Hernandez moved to introduce ORDINANCE NO. 6129 and to approve RESOLUTION NO. 2009-030 OF THE CITY OF ANAHEIM establishing fees relating to applications for amusement and entertainment premises re pool rooms, seconded by Council Member Kring. Roll Call Vote: Ayes - 5: Mayor Pringle and Council Members: Galloway, Hernandez, Kring and Sidhu. Noes - 0. Motion Carried. 22. This is a public hearing to consider granting anon-exclusive franchise to Yellow Cab Cont'd Company of the Greater Orange County for the purpose of operating a taxicab 02/24/09 service in the City. ORDINANCE NO. (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM granting anon-exclusive franchise to Yellow Cab Company of the Greater Orange County for the purpose of operating taxicab service in the City of Anaheim; and stating the terms and conditions upon which said franchise is granted. Dr. Raymond Mundy, Consultant, indicated Tennessee Transportation & Logistics Foundation (TTLF}, had been retained to perform a study on taxicab services in the City and to assist with the development of the Request for Proposal (RFP) and the selection process for the franchise. The study reviewed how the City's system of taxicab franchises had been working for the last seven years, determined the proper number of taxicabs permits needed citywide and a methodology for further franchises as terms expired. He noted the three firms awarded non-exclusive taxicab franchises in Anaheim had not applied for their extensions and now there was a staggered timetable for expiration dates when the intent was to have these franchises expiring at the same time. He stated 50 taxi permits for the non-exclusive franchise of A-Taxi was up for rebidding as their term would expire February 14, 2009 and pointed out the City issued an RFP for that purpose and this item would address the results of that proposal City Council Minutes of February 10, 2009 Page 6 of 9 The taxi study, he added, looked at the types of companies in the City and the frequent users of taxicab companies, and in this case, a full analysis of hotel usage was performed. He reported the current franchise service was good and represented a high level of service with a low level of managerial oversight. Each cab company was requested to provide data runs from their dispatch files and in this manner, data was broken down to show whether service was meeting average requirements in all areas of the City. He stated no electronic data from A-Taxi had been submitted and the study was not able to verify that level of service. The report proposed a number of recommendations, one of which was to capture more technical data from all franchise holders which would establish a database for the City to make a determination as to the numbers of cabs needed each time the terms expired. He added analysis of the survey data recommended the City maintain its current limit of 230 cab permits given the ability of the franchises to increase or decrease their cabs by 15% based on demand, and he discussed why this figure remained reasonable seven years later. He explained the process for the RFP due to A-Taxi's expiring franchise was accomplished through the use of a seven member Taxi Advisory Committee (TAC). Representatives from the Anaheim Visitors and Conventions Bureau, the Chamber of Commerce, the Hotel Association, the City Auditor's office, a Resort area police sergeant and the City's Code Enforcement Manager comprised the taxi advisory committee. He stated the taxi advisory committee ranked the four proposals received, summarized and discussed their points and came to a unanimous conclusion, which was to award Yellow Cab Company of Greater Orange County an additional 50 cab permits based on their managerial experience, operational capacity and financial strength. Dr. Mundy also addressed concerns the committee had expressed with the various bid submittals, remarking financial stability and outstanding judgments were issues as well as experience. Mayor Pringle questioned why hotels had been surveyed while taxi users had not and how many trips had been dispatched from the Resort area during the year. There was a lengthy discussion on the survey process and how data was retrieved and subsequently analyzed and Dr. Mundy's philosophy for more efficient taxicab operations. Mayor Pringle opened the hearing for public comments. Scott Wellman, Laguna Hills, spoke in opposition to the proposed ordinance citing the taxi report contained inaccuracies and improper analysis. He submitted a detailed written analysis of those inaccuracies to Council, while pointing out some of his concerns. Mary Ann Casell, Santa Ana, also provided written materials to Council, recommending any decision on this matter be continued, the bidding process be reviewed and handled differently, and asking that A-Taxi be allowed to continue. Stewart Miller, attorney, offered a critique in detail of the Taxi Advisory Committee evaluation stating the report was biased, and the grading criteria meaningless and contradictory. Maureen Peecheevy, representing West Anaheim Medical Center, supported A-Taxi, who had provided expedient, efficient and cost effective taxi service to and from the hospital. Konstantinos Roditis, President of 24/7 Yellowcab, objected to the taxi Advisory Committee's evaluation of his company, specifically identifying those areas of concern. City Council Minutes of February 10, 2009 Page 7 of 9 Rachel Kutch, resident, representing Dale McIntosh Center for the Disabled, objected to losing A-Taxi service, which provided supportive and caring transportation service for Center participants. A former unidentified taxi driver offered several recommendations for the taxi franchise, including encouraging use of more alternative fuel vehicles such as the Toyota Prius. Kevin Butler, cab driver, supported A-Taxi and opposed the ordinance, stating without the A- Taxi franchise, he would not be able to work as a cab driver in the City. Larry Slagle, Yellow Cab of Greater Orange County remarked he was not a member of the Taxi Advisory Committee, although he did participate in other organizations such as the Visitors and Convention Bureau, remarking other cab companies should participate as the organization was integral to the well being and success of the City. He provided background and details on his company and what the City would receive by awarding 50 more permits to his firm and answered specific questions from Council regarding his operation. Council Member Galloway asked who the members of the taxi advisory committee were and Sandra Seaton, Code Enforcement Manager, responded the committee members were Charles Ahlers, Visitor and Convention Bureau, Chris Lowe, Disneyland, Todd Ament, Chamber of Commerce, Joanne Bravo, OCTAP, Sgt. James Wilkes and Susan Grabemeyer- Grande, City Auditors office and herself. William Grey, representing A-Taxi, reported data records had been provided to Dr. Mundy for the report and offered more specific information on his operation, which provided 3,000 calls for service per month. Jose Nabati, A-Taxi owner, discussed his experience, remarking he had been serving Anaheim for 23 years and felt the taxi study was not accurate. Mayor Pringle remarked he could not support the recommendation before Council. He felt the process was not handled well, and that no complaints had been raised as to the level of service provided by all three franchise holders reflecting that all three franchises were operating satisfactorily. Council Member Hernandez stated he was also not comfortable with the proposal as presented as well as the findings of the study. Council Member Kring asked what options were available to Council if the decision was continued. Ms. Talley, Acting City Attorney, stated after February 15, 2009, A-Taxi would not be allowed to operate in the City as the franchise expired. It would also take an ordinance to amend the franchise terms, if Council desired to make changes and this process would take approximately 60 days. Council Member Sidhu recommending changing the franchise timelines for all three companies to have them renewed or expiring on the same date. There was discussion as to how this could occur between Council and the Acting City Attorney. Mayor Pringle then moved to have staff draft an ordinance for the next meeting which would extend the current franchises to the year 2012, with an annual option for renewal to be considered by Council and to award an additional 20 cab permits to Yellow Cab of Greater Orange County. Council Member Kring requested Yellow Cab be allowed 25 additional permits, rather than 20 as proposed; Council concurred and the Mayor revised his motion to include 25 additional permits. Roll call vote: Ayes - 5: Mayor Pringle and Council Members: Galloway, Hernandez, Kring and Sidhu. Noes - 0. Motion Carried. City Council Minutes of February 10, 2009 Page 8 of 9 23. CEQA CATEGORICAL EXEMPTION, CLASS 1 Withdrawn AMENDMENT TO CONDITIONAL USE_PERMIT NO. 2798 WITH A WAIVER OF A By Applicant CODE REQUIREMENT OWNER: Charles Hance, 828 West Vermont Avenue, Anaheim, CA 92805 AGENT: City of Anaheim, 200 South Anaheim Boulevard, Anaheim, CA 92805 LOCATION: 828 West Vermont Avenue: This property is approximately 1.29 acres, having a frontage of 246 feet on the south side of Vermont Avenue approximately 107 feet west of the centerline of Citron Street. Request to amend apreviously-approved conditional use permit to allow the sales and service of automobiles and automobile parts, to allow full automobile repair services including, but not limited to, engine installation, body work, conversion, installation of parts, modification, painting, repair, smog check and tire installation with outdoor storage with fewer parking spaces than are required by Code. ACTION TAKEN BY THE PLANNING COMMISSION: VOTE: 5-2 (Commissioners Eastman and Romero voted no) for the following items: Approved CEQA Categorical Exemption, Class 1 Approved Amendment to Conditional Use Permit No. 2798 with a Waiver of a Code Requirement with Revisions to Condition Nos. 1, 4 and 6 (Tracking No. CUP2008- 05355) (PC2008-114) (Planning Commission meeting of December 8, 2008; appealed by owner) (Continued from Council meeting of January 27, 2009, Item No. 28) MOTION: CEQA Categorical Exemption, Class 1 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving an amendment to Conditional Use Permit No. 2798 and amending certain conditions of approval of Resolution No. PC86-167 (Tracking No. CUP2008-05355). This appeal was wifhdrawn by the applicant. Report on Closed Session Action: None. Council Communications: Mayor Pro Tem Hernandez encouraged residents to continue water conservation efforts. Council Member Galloway spoke of the Federal Earned Income Tax Credit and the Volunteer Income Tax Assistance program and requested said information be presented on the City's local channel. Council Member Kring spoke of her attendance at the Walk of Stars ceremony honoring Donna and John Crean and requested an ordinance be placed on the March 10th agenda to allow residents to have xeroscape landscaping to help with water conservation efforts. She further announced that she would be attending the America Public Power Association semi- annual meeting on February 24, 2009 and would miss the February 24`h Council meeting. Council Member Sidhu spoke of his attendance at the Walk of Stars ceremony honoring Donna and John Crean and announced the upcoming events of the various Anaheim libraries in honor of President Lincoln's bicentennial. He commented on the launch of the Anaheim Alert System, a community notification system for residents to receive certain alert notifications. He further reported that Council would be considering a proposal by the City Council Minutes of February 10, 2009 Page 9 of 9 Planning Department to waive plan check fees for those residents affected by the recent fires. Mayor Pringle congratulated staff as Anaheim became the first municipality to use a new source of geothermal power which used low to medium temperature heat found thousands of feet below the surface. He spoke of and extended well wishes to Anaheim resident Joe Acaba, NASA astronaut, assigned as a mission specialist on the STS-119 mission, targeted for launch in February 2009. Adjournment: At 8:35 P.M., with no further business to conduct, Mayor Pringle adjourned the February 10, 2009 City Council meeting. Respectfully submitted, Linda N. Andal, CMC City Clerk