Loading...
2012/09/11ANAHEIM CITY COUNCIL REGULAR AND REGULAR ADJOURNED MEETINGS OF SEPTEMBER 11, 2012 The Anaheim City Council was called to order at 3:00 P.M. on September 11, 2012 and adjourned to 4:00 P.M. for lack of a quorum. The regular adjourned meeting of September 11, 2012 was subsequently called to order at 4:06 P.M. in the chambers of Anaheim City Hall, located at 200 Anaheim Boulevard. Present: Mayor Tom Tait and Council Members: Gail Eastman, Lorri Galloway, Kris Murray and Harry Sidhu. Staff Present: City Manager Bob Wingenroth, City Attorney Cristina Talley, and Secretary Linda Andal A copy of the agenda was posted on September 7, 2012 on the kiosk outside City Hall. ADDITIONS /DELETIONS TO CLOSED SESSION: None PUBLIC COMMENTS ON CLOSED SESSION ITEMS: None At 4:06 P.M., Council recessed to closed session for consideration of the following items: CLOSED SESSION: CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9 of the Government Code) Name of Case: Jennifer Cruz, et al. v. The City of Anaheim, et al., USDC Case No. CV10 -03997 MMM (JEMx) 2. CONFERENCE WITH LABOR NEGOTIATORS (Subdivision (a) of Section 54957.6 of the Government Code) Agency designated representative: Kristine Ridge Name of employee organization: Anaheim Fire Association, Anaheim Police Management Association At 4:09 P.M., council returned from closed session and Mayor Tait reconvened the September 11 session requesting a moment of silence in remembrance of the victims and heroes of 9 -11. Invocation: Pastor Nigel Morris, Vineyard Christian Fellowship of Anaheim Flag Salute: Council Member Gail Eastman Presentation: Recognizing Amin David on his retirement from Los Amigos Mayor Tait remarked the Los Amigos organization reflected a textbook example of people getting together to do extraordinary things. With no membership roster, no dues, and everyone welcome, Los Amigos members met weekly to find solutions to problems with Amin David spearheading this group on behalf of the community for 35 years. Council Member Galloway added Mr. David was influential in the Latino community and had earned both their respect and Council Meeting Minutes of September 11, 2012 Page 2 of 9 love. Mr. David thanked the City for this recognition, remarking he would not be retiring but would continue his involvement with the community. Acceptance of Other Recognitions (To be presented at a later date): Proclaiming September 17 - 23, 2012, as Constitution Week A representative from the Mohave chapter of the Daughters of the American Revolution stated the year 2012 marked the 225 anniversary of the Constitution and encouraged citizens to reread the document and be reminded of its significance. Proclaiming September 24, 2012, as Family Day - A Day to Eat Dinner with Your Children Recognizing the efforts of Better Vision for Children Tom Cataldo, founder of Better Vision for Children, explained the mission of this charitable organization was to prevent and cure amblyopia and other eye cancers since most eye diseases were curable if treated at an early age. He noted the program was now offered in the city at no cost to participants and hoped Anaheim would become a model city for others to follow. He discussed the need for fund - raising to cover the costs of screening every preschool, first and second grade child, adding that the program had been serving various communities for 27 years. At 4:22 P.M., Mayor Tait called to order the Anaheim Housing Authority (in joint session with the Anaheim City Council). ADDITIONS /DELETIONS TO THE AGENDAS: Item No. 8 withdrawn for further evaluation at the request of staff. PUBLIC COMMENTS (all agenda items, except public hearing): Cecil Jordan Corcoran announced that Mayor Tait's character was well recognized throughout the community and appreciated. Mr. Corcoran then updated council on his personal activities. James Robert Reade, resident, discussed former mayor Jack Dutton's legacy as a city leader and the creator of Dutton's Jungle Gardens, stating he would be donating funds to the Anaheim Historical Society designated for curators to exhibit and archive Mr. Dutton's achievements Joanne Sosa, Take Back Anaheim, thanked Amin David for providing help to so many people over the last three decades, finding the resources to bring people together to solve problems for those in need. William Fitzgerald, Anaheim Home, voiced his opposition to the ARTIC construction project and his opinions regarding the Disney Corporation's influence on Anaheim's current elected officials and aspiring candidates for the coming November election. Duane Roberts, resident, submitted a survey of Orange County cities and their City Council meeting start times, offering his theory as to why escalation of civil unrest had recently occurred at an Anaheim public meeting. He felt it was tied into the early 5:00 P.M. starting time, when noisy protests occurred in the lobby of city hall because council chambers were filled by non- residents and working Anaheim residents who arrived later in the evening could not gain access Council Meeting Minutes of September 11, 2012 Page 3 of 9 to speak on an issue of real concern to the community. He suggested meeting times begin at 7:00 P.M. rather than 5:00 P.M. to allow any interested citizen time to attend, emphasizing that 29 of the 35 Orange County municipalities began their public meetings between 6:00 and 7:00 P.M. Dorothy Rose, Orange County Symphony, announced the next concert to be held at Servite Auditorium on September 23r advising that one way to support the Symphony was by attending concerts. She added that ten percent of the seats were dedicated to providing this experience to the underserved residents of the city. Ms. Rose indicated tickets and /or donations could be realized through their website, www.ocsvmphony.org or by phone or by mail. Ron Bengochea corrected statements he had made during the August 28 meeting, specifically referring to the project cost he quoted for the ARTIC project reflected in billions, rather than millions. While he was opposed to the project on principle, he expressed concern over any negative connotation derived from his misinformation and then urged council to deny Item No. 6, the ARTIC contract award. Sarah Connolly advised council to reject any ban on performing exotic animals in the city citing these animals were already highly regulated at the federal, state and county level. She urged council to carefully research statements made by animal rights extremists to determine their validity and spoke of Ringling Bros. conservation efforts as a founding member of the International Elephant Foundation spearheading efforts in finding cures for diseases. She also drew attention to the Ringling Bros. Center for Elephant Conservation, a home to a successful Asian elephant breeding program with 23 elephant calves borne thus far ensuring the sustainability of this endangered species. Thomas Alvert, Feld Entertainment, parent company of Ringling Bros. and Barnum & Bailey circuses, explained that each summer Ringling Bros. traveled throughout California, entertaining over 1 million people and providing work for venue employees throughout the state. Speaking to the proposed ban on performing exotic animals, he emphasized Ringling's animals were respected and well cared for with a team of full -time veterinarians on staff including animal care givers who oversaw all aspects of animal care around the clock. Licensed by the USDA and California Department of Fish & Game, he added, Orange County Animal Services also observed performances and backstage areas throughout the circus engagement. In addition, he remarked, the circuses Feld Entertainment represented directly supported not only the care of its animals but the conservation of endangered species and for those reasons, he hoped council would not place a ban on performing circus animals. An unidentified speaker reminded the community that the Anaheim Police Department, in his opinion, created unjustified violence which was a threat to national security. Tom Connolly, resident, voiced his opposition to banning exotic performing animals, emphasizing the importance for children and the general public to be exposed to circus animals in order to appreciate what the world has to offer. Jose Moreno, resident, thanked the City for honoring and recognizing Amin David on behalf of his work with the Los Amigos organization. Additionally, he thanked staff and those council members who attended a recent event last Saturday to bring communities together to promote healing. Supporting the proclamations adopted this evening, he urged council, businesses and the community to put them into action by teaching their children the importance of the Council Meeting Minutes of September 11, 2012 Page 4 of 9 Constitution and encouraging higher wages to allow families to have dinner with their children every day. Theresa Smith remarked there was too large of a gap between the community and law enforcement and she hoped the mothers could meet with city administration and bring about a positive change for the future. Mayor Tait requested the City Manager coordinate that meeting. Sherman Santos, resident, addressed his issues with the law enforcement community. Mayor Tait requested the City Manager discuss those issues with Mr. Santos and apprise council of the outcome. Michael Buss, Anaheim Arts Council, announced a community -wide affair scheduled for October 13 at La Palma Park, an endeavor, he remarked, inviting all to attend in an effort to pull the community together for a sense of unity. He indicated there would be entertainment for the youth, opportunities to engage in various artistic activities, and booths set up for non - profit organizations to share their information with residents. Mayor Tait thanked the entire arts community for taking Anaheim's problems to heart and working to unite the community. Katherine Smith spoke out in support of a ban on performing exotic animals, remarking it was the condition and lifestyle of those animals living in captivity she opposed on principle, not about whether the circus provided veterinarians or other types of care. Alicia Koperstein, non - resident, voiced her support on banning the exploitation of exotic animals for the purpose of entertainment and profit stating there were other viable and lucrative alternatives to supporting this type of entertainment than making money from suffering animals. Brian Chuchua thanked the City for recognizing the efforts of David Amin and Jose Moreno and the resources that Los Amigos organization provided to the community. Chuck Burns, resident and member of the Ringling Bros. show, opposed the ban on circuses with exotic animal acts, emphasizing that PETA, an organization that supported this ban, had euthanized over 87 percent of their sheltered sick /homeless animals from 1998 to 2011. Bryon Costa, non - resident, discussed his association with the Anaheim Police Department, stating his civil and constitutional rights had been violated. Mayor Tait requested the city manager look into this matter and report back to council. Connie Pierson, non - resident, remarked that each time the circus appeared in Anaheim, she had protested the use of wild animals forced to perform. She pointed out the fact that PETA euthanized unwanted animals had no relevance to performing circus animals, and expressed her support for a ban on exotic performing animals in Anaheim. At 6:13 P.M., with no other public comments offered, the City Council was briefly recessed to consider the Anaheim Housing Authority agenda and reconvened again at 6:14 P.M. CONSENT CALENDAR: Mayor Pro Tern Sidhu requested Item No. 6 be removed from the consent calendar for further discussion. Mayor Pro Tern Sidhu then moved to waive reading in full of all ordinances and resolutions and to approve the balance of the consent calendar as presented, seconded by Council Member Murray. Roll Call Vote: Ayes — 5: (Mayor Tait and Council Members: Eastman, Galloway, Murray and Sidhu.) Noes — 0. Motion Carried. Council Meeting Minutes of September 11, 2012 Page 5 of 9 3. Receive and file minutes of the Sister City Commission meeting of July 23, 2012, B105 minutes of the Public Utilities Board meeting of July 25, 2012, and the 2011 Annual Report on the AB 2588 Air Toxics 'Hot Spots' Program. 4. Approve the 2013 Health and Welfare Plan Rates and authorize the Human Resources D154 Director to execute all required provider agreements on behalf of the City. 5. Approve the Anaheim Fire & Rescue's response to the Orange County Grand Jury D144.6 Report titled, 'Emergency Medical Response in Orange County, Where did all the "fires" go? Long Time Passing, Apologies to Pete Seeger'. 7. Award the contract to the lowest responsible bidder, Asplundh Construction Corp., in the amount of $2,229,715.20, for the Direct Buried Cable Replacement Phase 9 Project and AGR -7328 authorize the Finance Director to execute the Escrow Agreement. 8. Waive the sealed bid requirement of Council Policy 4.0 and authorize the Purchasing Agent to issue a purchase order to Versatile Information Products, Inc., in the amount of D180 $64,324.61, for PUMA digital audio recorders and management software for the Police Department This item was withdrawn by staff for further evaluation. 9. Approve the naming of City -owned property to Miraloma Park, which is being developed D150 as a neighborhood park (2600 East Miraloma Way). 10. Authorize the Public Utilities General Manager, or her designee, to designate representatives for participation in the California Air Resources Board Cap- and -Trade D182 Program or successor program, as well as auctions under such program or other mandatory reporting requirements and execute and deliver attestations or other reporting documents related to California's Assembly Bill 32. 11. Approve and authorize the Public Utilities General Manager, or her designee, to take the D182 following actions: attest to all Utility Distribution Company Electricity Sales /Deliveries Quarterly Reports as required by the CEC, consistent with Title 20, Section 1306(a) of the California Code of Regulations; attest as to the accuracy of the Annual Retail Electric Providers Report, the AB 162 Report, and the Annual Power Content Label, as well as the 2012 quarterly projections of the Power Content Label for the City and the City's Green Power Program; and execute and submit attestations, and any and all related documents as are necessary or required by the CEC consistent with Article 14 of the Public Utilities Code. 12. RESOLUTION NO. 2012 -111 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM declaring its official intent to reimburse certain water utility fund R100 expenditures from the proceeds of bonds or other obligations. 13. Approve minutes of the Council special meetings of August 2, 2012 and August 8, 2012. END OF CONSENT: 6. Rescind the August 28, 2012 contract award to Clark Construction Group, adopt the AGR -7317 findings of Buy America and award the ARTIC-construction contract to Clark Council Meeting Minutes of September 11, 2012 Page 6 of 9 Construction Group, in the amount of $126,997,000, authorize the Public Works Director to respond to inquiries related to the Buy America contract provisions, and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. At 6:14 P.M., Mayor Tait declared a potential conflict of interest with this contract as his firm had worked on a project for OCTA in the recent past and while he had no connection to the ARTIC project itself, OCTA had developed the project in partnership with the city of Anaheim. He then exited the dais. Mayor Pro Tern Sidhu then requested a staff report on this matter. Natalie Meeks, Public Works Director, reported that at the last council meeting the ARTIC construction contract had been awarded, however, just hours prior to council taking that action, there had been a request for an investigation regarding the City's Buy America compliance filed with the Federal Transit Administration (FTA). She remarked staff would continue to work with FTA to complete their investigation and had submitted paperwork and performed an analysis that showed the City was in compliance with Buy America requirements. In order to move forward with this project, she stated, certain findings detailed in the staff report must be acknowledged, primarily that a delay would cause undue harm as the project must be constructed during baseball off - season and the possibility the city could lose the very competitive bids that had been submitted for this work. Mayor Pro Tern Sidhu thanked staff for bringing the item back for reconsideration and to insure the process was transparent to all and that the project would be in compliance with Buy America requirements. Council Member Eastman moved to rescind the original award, adopt the Buy American findings, award the contract to Clark Construction Group and authorize staff to respond to inquiring related to the Buy America contract provisions and execute the escrow agreement, seconded by Council Member Murray. Roll Call Vote: Ayes: 4 -0 -1: (Mayor Pro Tern Sidhu, and Council Members Galloway, Eastman and Murray.) Noes — 0. Abstention — 1: Mayor Tait. Motion to approve carried. At 6:17 P.M., Mayor Tait returned to the dais. PUBLIC HEARING: Continued public hearing. AMENDMENT NO. 1 TO DEVELOPMENT AGREEMENT NO. 2006 -00004 (DAG -2006- 00004A)(DEV2012- 00036) APPLICANT: Kim Snyder, President, Prologis, 17777 Center Court Drive, Cerritos CA AGR -4829 90703 LOCATION: 1969 South State College Boulevard The applicant requests an amendment to Development Agreement No. 2006 -00004 to revise development milestone provisions pertaining to the payment of extension fees and to extend the term of the Agreement by five additional years, to expire in November, 2017. Environmental Determination: CEQA Previously Approved Final Environmental Impact Report No. 335. ACTION TAKEN BY THE PLANNING COMMISSION: Council Meeting Minutes of September 11, 2012 Page 7 of 9 Recommended City Council approval of Amendment No.1 to Development Agreement No. 2006 -00004 (DAG- 2006- 00004A). Vote: 6 -0: Chairman Ramirez and Commissioners Bostwick, Faessel, Lieberman, Persaud, and Seymour voted yes. Commissioner Agarwal was absent (Planning Commission Meeting of July 2, 2012) (Continued from Council meeting of August 21, 2012, Item No. 45). MOTION: S/M Find and determine that the previously- approved Final Subsequent Environmental Impact Report No. 339 serves as the appropriate environmental documentation for this request. ORDINANCE NO. 6255 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM (1) approving Amendment No. 1 to Development Agreement No. 2006- 00004 by and between the City of Anaheim and AMB Platinum, LLC, (2) making certain findings related thereto, and (3) authorizing the Mayor to execute said amendment on behalf of the City (DEV2012- 00036). Sheri Vander Dussen, Planning Director, reported in September 2007, a Development Agreement was approved by Council for a mixed -use project which included 1,200 residential units, 50,000 square feet of commercial area, 100,000 square feet of office space and a public park, to be known as The Experience at Gene Autry. In June of last year, she stated, Prologis acquired the property and due to economic conditions, did not expect to meet the development deadline of construction by November 2012. The agreement contained an initial term of five years and allowed two additional five year extensions for a total of 15 years. Prologis was now requesting an extension of the initial term of the agreement from five to ten years with the two additional five year extensions remaining as part of the agreement. This amendment, she explained, would provide the new owner with time to redesign the project and honor the terms of the lease on one remaining industrial building which expired in early 2013. Ms. Vander Dussen indicated that on July 2 " the Planning Commission unanimously recommended council approval of the requested five year extension. The Commission also recommended approval of the applicant's request to eliminate a provision requiring payment of a $1.5 million fee to the city in the event the developer failed to meet construction milestones within the initial five year term, a payment unique to this development agreement and not found in other agreements in the Platinum Triangle. The extension fee, she explained, had been included by the prior owner as a way to motivate the performance of development partners. This property was located at the intersection of Gene Autry Way and State College Boulevard, was a highly traveled intersection, prominent in the community and also identified as a potential stop for the Anaheim Rapid Connection Project. She added development of this site would also advance the city's goal of converting the Platinum Triangle to a transit - oriented, high density community. While Prologis was interested in pursuing development of this site, Ms. Vander Dussen pointed out the economy continued to make finding a development partner difficult and Prologis felt that the extension fee unique to this site placed the company at a competitive disadvantage with other developers in the Platinum Triangle. From a budget perspective, she stated, the $1.5 million extension fee had not been budgeted and not anticipated by the City as a revenue source. Council Meeting Minutes of September 11, 2012 Page 8 of 9 Historically, Ms. Vander Dussen indicated staff had worked with owners of the larger parcels within the Platinum Triangle to insure these mixed use projects formed the backbone of the commercial district in the Triangle and Council had already extended the development agreement for the Lennar project adjacent to Gene Autry Way that included 229,000 square feet of commercial area and almost 2,700 units. Additionally, agreements for several smaller projects had also been extended by council without consideration. She pointed out that all Platinum Triangle development agreements included liquidated damages provisions in the event the development did not occur within the specified time frame, which would equate up to $2.5 million for this specific project, adding that clause would remain in the agreement. For all those reasons, the Planning Commission recommended council approval of the extension and elimination of the extension fee. Mayor Tait opened the public hearing, inviting the applicant to speak, followed by members of the public residing in the noticed area, by members of the general public and ending with the applicant rebuttal. Pat Cavanaugh, Prologis, indicated he stood by staff's detailed report on this request which was based on issues related to the economy and was available should questions arise. William Fitzgerald indicating he was speaking on behalf of Anaheim Home members who lived in the noticed area, expressed his opposition to the extension and the elimination of the extension fee citing limited parking, cheap construction and low- priced residential units slated for lower income resort workers. Mr. Fitzgerald was cautioned by the Mayor that absent information of the name /address of the Anaheim Home member living in the noticed area, he would be allowed three minutes for comment rather than five. City Clerk, Linda Andal, confirmed she had the noticed mailing list available should Mr. Fitzgerald wish to provide such information. Mr. Fitzgerald did not provide any information and was allowed to finish his three minute and closed with his viewpoints or judgments related to former and current elected officials. Mayor Pro Tern moved to find and determine that the previously- approved Final Subsequent Environmental Impact Report No. 339 served as the appropriate environmental documentation for this request and to introduce Ordinance No. 6255: 1) approving Amendment No. 1 to Development Agreement No. 2006 -00004 by and between the City of Anaheim and AMB Platinum, LLC, (2) making certain findings related thereto, and (3) authorizing the Mayor to execute said amendment on behalf of the City, seconded by Council Member Murray. Roll Call Vote: Ayes — 5: (Mayor Tait and Council Members: Eastman, Galloway, Murray and Sidhu.) Noes — 0. Motion carried and ordinance introduced. Report on Closed Session Actions: None Council Communications: Council Member Eastman spoke in support of the Better Vision for Children program and encouraged those interested in supporting the program to visit the website at www.bettervisionforchildren.org for more detailed information. She also announced the Kaiser Permanente facility's grand opening on September 12, a state of the art hospital that she was proud to have approved as a planning commissioner and seen come to fruition as a council member. Council Meeting Minutes of September 11, 2012 Page 9 of 9 Mayor Pro Tem Sidhu commemorated and honored the 11 Anniversary of the 9 -11 tragedy and also encouraged residents to become informed and take the awareness pledge related to National Preparedness Month. Council Member Galloway spoke of her attendance at the grand opening of Vintage Crossings, a newly constructed 92 unit affordable apartment community that had achieved the highest sustainability certification and green building. in addition to on -site amenities for residents, Vintage Crossing contained a community center that offered social services such as after school programs and adult education classes, a children's play area, laundry facilities and an outdoor swimming pool. She added Vintage Crossing was also home to a preschool center operated by the Anaheim School District and was an upscale project for those that needed it the most. On September 12 she announced the Sister City Association was hosting a wine tasting fund- raiser asking that the community attend and on September 18 the ground breaking for the long- awaited ARTIC project would occur. Council Member Murray remarked that while cities around the region suffered through brown outs and other power shortages through a long, hot summer, Anaheim did not, thanks to the success of the Canyon Power Plant. She further added, thanks to staff and the Public Utilities Board, Anaheim had been able to keep those lights on and to financially benefit ratepayers with about $7 million per year in reduced fees and power costs. She spoke of the closure of several marijuana dispensaries in the city and thanked staff and community members for their efforts in this regard. Out of 126 dispensaries in the city, 119 were put out of business because of the moratorium passed by council and with the assistance of Senator Lou Correa and city staff, Anaheim's quality of life had been improved. She reported September 11 was the last day in which to submit applications for the Citizen Advisory Committee charged with determining how Anaheim was governed and beyond that, a mission to look at how to improve civic engagement, voter registration, poll worker training, and language skills to insure a dynamic elections process in the future. She requested recognition for International Housekeeper Week be placed on the next agenda to reflect and honor those individuals serving the resort district so well. Adjournment: At 6:39 P.M., Mayor Tait adjourned the September 11, 2012 meeting in memory of the victims and first responders of 9 -11 and all branches of the military fighting for freedom. R pe tfully submitted, P Linda N. Andal, CMC City Clerk