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2012/08/21ANAHEIM CITY COUNCIL REGULAR ADJOURNED MEETING OF AUGUST 21, 2012 The Anaheim City Council was called to order at 3:00 P.M. on August 21, 2012 and adjourned to 3:30 P.M. for lack of a quorum. The regular adjourned meeting of August 21, 2012 was then called to order at 3:37 P.M. in the chambers of Anaheim City Hall, located at 200 Anaheim Boulevard. Present: Mayor Tom Tait and Council Members: Gail Eastman, Lord 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 August 17, 2012 on the kiosk outside City Hall. WORKSHOP: UTILITIES UNDERGROUNDING FIVE YEAR PLAN WORKSHOP Dukku Lee, Assistant General Manager, Electric Services Division, offered an update on Anaheim's underground conversion program established in 1990 with the goal of undergrounding all major thoroughfares in the city and funded by a four percent surcharge on customers' electric bills. To date, he remarked the program was at the halfway point and over the past 22 years, had expended $175 million towards undergrounding projects. He added undergrounding utility wires provided a number of benefits to residents and businesses over and above the aesthetic improvement. The approval process followed a three step procedure; i.e. an underground subcommittee (comprised of Planning Commissioners and Public Utilities Board (PUB) members) discussed projects in detail and submitted a recommendation to the PUB, the full board then considered the subcommittee's recommendations and forwarded them to council for approval. This workshop, he explained would provide the status of all projects, completed, active and planned, with the Five Year Plan Report included on tonight's consent calendar for council's consideration. The criteria used for selecting a project balanced five components: project coordination (with street widening or other roadway changes) to minimize construction; engineering and reliability considerations designed to improve the system; geographic diversity to insure projects were spread throughout the city; and ensuring management of cash flow and aesthetic improvements to the final streetscape. Customers were notified before, during, and after a project and once district formation was created, all affected stakeholders were directly involved to ensure considerations for traffic, construction impacts, and equipment placement were handled while the design process was underway. Once all design activities were completed, bids were solicited for construction, and after contractor selection was made, the residents were again noticed on the construction schedule. Mr. Lee pointed out some of the projects took a year to construct and as there could be a significant impact to residents and businesses, staff worked to alleviate any issues. Any information received from a follow -up survey, after completion of a project, was subsequently used to improve the process. Mr. Lee then discussed the home undergrounding program, implemented in 2007, which offered a cash rebate program for residents to install conduit and underground the overhead wires Council Meeting Minutes of August 21, 2012 Page 2 of 25 crossing their properties. Forty -four residents had participated so far, receiving an average of $450 for the pipe installation resulting in $20,000 worth of rebates so far. He added, the Public Utilities Department would then come in at the Department's expense and install the wires and connections for the customer, resulting in close to $250,000 in expenditures for these improvements. He added the current program contained 14 of these projects in various stages of development. COMPLETED PROJECTS: The Imperial Highway project, the section south of La Palma to south of the 91 Freeway, was completed. Mr. Lee pointed out there was an on -going freeway expansion along the 91 freeway and as Anaheim's utility poles were in the way of the freeway construction, the poles were removed and the electric facilities undergrounded during periodic traffic breaks. Before and after photos were shown to highlight the improvements. The Lincoln /Magnolia project was also completed, a 2.5 mile roadway in the west part of town at a cost of $16 million. Those poles he explained, contained three levels of wires. The highest level contained 69K volt transmission lines which traveled between substations, below that were the 12K volt wires typical of lines that traveled throughout city streets to reach customer's homes after being transformed to a lower voltage. Below that level, he provided, were the telecommunication lines consisting of phone and cable carriers that had added their facilities to the utility poles. With the City's portion of the project completed, telecommunications typically took 9 -12 months to complete their construction requirements. He pointed out the City also repaired any disturbed roadway, and in this particular case, there was a significant amount of road to repair as shown in the before and after photos. ACTIVE PROJECTS: Mr. Lee reported the La Palma /Brookhurst project had been completed several years ago, and the Department was now focused on Brookhurst from the 5 Freeway to the 91 Freeway (an eventual street widening project) as there was an opportunity to perform undergrounding well ahead of any future street widening effort. He indicated the steel casing or pipe under the 5 Freeway was 20 feet deep below the freeway, and a sizable amount of excavation was needed for the transmission lines to be placed in the pipe. Additionally, construction of underground concrete vaults for equipment, switches and apparatus required for operational or maintenance activities were also needed. This type of project, he added, typically took two to three years to complete. Brookhurst from Katella to Orange was underway, in coordination with a planned street widening from just north of Katella to Ball Road. This was an opportunity to coordinate efforts with the Public Works Department and removing poles and undergrounding ahead of the street widening activities which should begin in mid -2013. West Street and portions of Westmont was scheduled for 2013, was in the design phase with staff working with individual property owners to address any concerns or issues. He emphasized eminent domain was not used and staff worked with property owners to mitigate all problems which was why these projects could take longer in the design phase. The next project was on Douglass from Katella to the 57 freeway, a project that was fast - tracked for coordination issues for the lowering of Douglass Road as well as a planned street widening. He pointed out the public hearing for establishment of this district was on tonight's agenda. Following that project was Lincoln /Dale which extended undergrounding on Lincoln to the west city limit to include portions of Dale, a fairly extensive project estimated at $13 million. He indicated this was co- located with Southern California Edison (SCE), and was done as part of their franchise commitment to the City. The other SCE Council Meeting Minutes of August 21, 2012 Page 3 of 25 co- project was the Brookhurst project and staff was working with SCE to get them to remove their facilities and do construction close to the same time as the City's project. Euclid was the next project, with the intersections of Katella /Euclid and Ball /Euclid already completed. An additional project on Euclid was identified in the planned five year projection. PROPOSED PROJECTS: Mr. Lee indicated as projects were completed, there were opportunities to introduce new projects and this year, one additional project was proposed for La Palma, from State College to East Street, a $4 million estimated expenditure with one mile of roadway to underground. He noted planned projects were projects that had not yet formed districts, like the project planned on Miraloma. Last year the Canyon Power Plant was constructed and certain road sections were coordinated so that once the district was formed, the Department would be able to pull the cable and do electrical work. There were some portions on Miraloma that still needed excavation work with the portion just west of the 57 freeway involved in project coordination with the planned Miraloma Park Community Center. As a result of this planned project, the Department would do the undergrounding in the street and be able to remove the overhead poles. This segment would also improve reliability for those industrial and commercial areas as well as for the segment butting up against residential areas. Important to note, he remarked, as businesses also paid into the four percent surcharge and reliability was of primary concern to them. The next planned project was Cerritos and Nutwood, included for geographic diversity reasons and would extend on Cerritos from Nutwood Street to Euclid and on Nutwood Street from Cerritos to Katella Avenue. The next project was La Palma /Sunkist and would travel on La Palma Avenue from State College Boulevard to the 57 Freeway and on Sunkist Street from Lincoln Avenue to the 91 freeway, a $10 million project. The Ball /Brookhurst project would travel along Ball Road from Brookhurst Street to Euclid Street. The Olive/Vermont project scheduled for 2017 would take Olive from South Street to Vermont Avenue and along Vermont Avenue from Olive to State College Boulevard. This project contained some commercial /industrial areas and quite a bit of residential areas, about 1.5 miles of roadway. The last project planned was Lincoln /Rio Vista, and would complete Lincoln from the west side of town all the way to the east side of town, passing over the 57 freeway and then running north on Rio Vista, an extensive project in terms of construction. Because this was a major arterial, Mr. Lee remarked staff had talked internally about accelerating this project as there was a great deal of community interest in it. He added if council wished to put it ahead of some of the other projects, he would recommend putting it behind the Miraloma project instead of superseding some of the other projects already underway in terms of design and construction. Council Member Eastman appreciated the presentation, remarking on the amount of improvements that were accomplished over a 22 year period. Council Member Sidhu asked if there was any way to accelerate SCE's cooperation in undergrounding their transmission lines which crossed over the city. Mayor Tait supported accelerating the Rio Vista project schedule to place it after the Miraloma project. Council Member Murray remarked this program not only provided for enhanced electrical reliability but improved property values for residents and businesses and was apparent when traveling through the city. ADDITIONS /DELETIONS TO CLOSED SESSION: None PUBLIC COMMENTS ON CLOSED SESSION ITEMS: William Fitzgerald referring to Moreno v. City of Anaheim, opined certain council members should declare a conflict of interest on this item because of ties to Disney Corporation through SOAR. Council Meeting Minutes of August 21, 2012 Page 4 of 25 Maria Rivera, through a personal translator (language: Spanish) urged council to settle the election by district lawsuit because having a local representative that understood neighborhood needs was important to communities. Mariana through a personal translator (Language: Spanish) remarked the Ponderosa area and similar neighborhood communities were unified in their efforts to change the city's electoral system to elections by district. With representatives looking after neighborhood interests, she believed it would not take three years for speed bumps in Guinida Lane or six years for a library in Ponderosa. Cecil Jordan Corcoran, Outreach Homeless Ministries, prayed for peace related to recent events and parents responsibility over the actions of their children. E.T. Snell, Clown Activist, supported elections by district for the city of Anaheim, stating he was also here concerning a city council recall petition. Brian Chuchua, resident, urged council to take action during closed session to move forward with district -based elections. James Robert Reade, resident, remarked that he had no opinion on at large elections versus elections by district candidates, remarking he and his many Latino neighbors had always felt represented and he did not concur with the notion that poverty led to disenfranchisement. At 4:25 P.M., City 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: Moreno et al. v. City of Anaheim, Orange County Superior Court Case No. 2012- 00579998 2. CONFERENCE WITH LEGAL COUNSEL, EXISTING LITIGATION (Subdivision (a) of Section 54956.9 of the Government Code) Name of Case: Boaz Q. Balenti v. City of Anaheim et al., United States District Court Case No. SACV10 -1159 CJC (MLGX) Council returned from closed session at 5:09 P.M. INVOCATION Pastor Orlando Rivera, West Anaheim United Methodist Church FLAG SALUTE Council Member Lorri Galloway PRESENTATIONS Recognizing the Men and Women's USA Olympic Volleyball Teams Coach Hugh McCutcheon, Assistant Coach Gary Sato, and middle blocker, David Smith, thanked the community for their support throughout the year, adding they were privileged to be able to train in Anaheim and to represent the city and the United States at the London Olympics. Recognizing Kaiser Permanente Orange County Council Meeting Minutes of August 21, 2012 Page 5 of 25 Julie Miller Phipps, Vice President, remarked Kaiser Hospital had received nothing but support and encouragement from the city and staff, making the construction processes an extraordinary experience. The Kaiser family believed hospitals were sanctuaries of healing and the $700 million campus was a gift back to the community, to the people it serviced, and to the employees and physicians and would remain for years to come as an investment in the city. ACCEPTANCE OF OTHER RECOGNITIONS (To be presented at a later date): Proclaiming September 2012, as Childhood Cancer Awareness Month Recognizing the National Bonglim Kumdo Competition An unidentified individual thanked the city for supporting Bonglim Kumdo competition adding it was difficult to locate a facility that would accommodate training and practice sessions for this sport. Proclaiming September 2012, as World Alzheimer's Awareness Month Recognizing the Anaheim Chamber of Commerce Business Links honorees At 5:25 P.M., Mayor Tait called to order the Anaheim Housing Authority (in joint session with the Anaheim City Council). ADDITIONS /DELETIONS TO THE AGENDAS The applicant for Item No. 45, a public hearing related to development agreement 2006 -4 for property on State College Boulevard, requested this item be continued to September 11, 2012. Without any objection, Item No. 45 was continued. PUBLIC COMMENTS: (all agenda items, except public hearings): Cecil Jordan Corcoran, Outreach Homeless Ministries, discussed parenting issues and the need to be cooperative with government and laws in general. James Robert Reade strongly supported Operation Halo. Laura Herzog offered her comments in support of police officers, thanking them all for their service. William Fitzgerald, Anaheim Home, offered his opinion on politics related to special interest groups. E.T. Snell, Clown Community Activist, submitted recall petition forms for certain Anaheim council members, stating there were a number of issues that needed to be resolved in the city and proceeded to point out those issues. Katie Manili, urged the City to consider a ban on exotic animal acts, adding that a city built on freedom and kindness should extend to animals as well. Matt Roswell, Animal Defenders International, offered insights into the treatment of circus animals and his organization's mission to pass protective legislation against cruelty to animals. Council Meeting Minutes of August 21, 2012 Page 6 of 25 Marissa Ohanna talked of the cruel training methods for circus animals and the treatment they endured while traveling. She urged council to ban exotic animal circuses from performing in Anaheim. Alex Robiov, resident /attorney, offered his voice in support of a ban on exotic circus animals and abuse and treatment of those animals in the name of amusement and entertainment. Brenda C. remarked that entire countries had banned the use of exotic circus animals and those circuses performing without animals had become strong, viable businesses. She urged Anaheim to ban circus animals from performing in the city. Carla remarked the city of Irvine had banned circuses with animals and she encouraged Anaheim to do the same, to speak up for animals who could not do so on their own behalf. Duane Roberts, resident, called for the dismissal of Police Chief John Welters, remarking his leadership during anti - police brutality demonstrations and an incident objective report on civil unrest protocols in various hot zone neighborhoods reflected poorly on Chief Welter's claims that outside agitators instigated much of the disturbances. Heather Carr discussed the cruelty associated with Ringling Bros. circus and similar companies urging the city council to support a ban on exotic circus animals and stop the negligence and abuse from continuing. John Leos, resident, discussed the need to adopt a transparency disclosure and accountability reform act to let the public know of discussions between council members and lobbyists. Dorothy Rose, Orange County Symphony, announced their annual gala fund - raiser planned for August 26 at Servite School, at 4:00 P.M Greg Diamond, attorney, OCCUPY OC, remarked that most OCCUPY protestors were lawful and respectful of property and person and he felt the city's response to that protest was disproportionate and provocative. He believed council members unwillingness to consider complaints raised by the community was causing a crisis in government, would end up costing the city money due to litigation, and fostered a lack of citizen respect with their elected officials. Jacob Zlaskey, animal circus rights, believed exotic animal circuses should be banned on the basis of cruelty to wild animals. Alicia Koberstein, Disney Club 33 members, discussed the cruelty involved in training, transporting, and maintaining wild animals forced to perform in circuses. While abuses may not be visible to the public, she emphasized they took place regularly behind the scenes and she asked that the city consider banning these acts. Damian Ramirez, objected to derogatory comments made by an earlier public speaker to a grieving mother exercising her Fifth Amendment rights to speak about her son. He asked Mayor Tait to restrain these types of interruptions and that they not be allowed to continue. Mayor Tait remarked the people had a right to speak and state their business at this podium and interruptions would not be allowed. Dena Corda, Animal Protection Rescue League, talked of Ringling Bros. treatment of circus animals, remarking performance took precedence over veterinary care or treatment recommendations and that last year, the circus had paid over $270,000 in violation of the Animal Welfare Act. Council Meeting Minutes of August 21, 2012 Page 7 of 25 Kerry Condon, Anaheim Police Association, talked about the duties and responsibilities of police officers, asking for the residents and business community to stand up and support them as they support the residences, businesses, and tourism venues for the city. Laura Hall urged council to do away with old school circus acts, and ban wild animal acts in the city. Shannen Chelini, ESCRI training instructor, reported the East Street Community Renewal Initiative goal was to transform this neighborhood via a holistic approach into a self- sufficient, healthy and vibrant community. Free classes and resources were offered to residents, including job training, parenting, counseling, youth mentoring and nutritional classes, provided in Spanish as well as English. Michael Baker, Boys and Girls Club, informed Council that 100 backpacks filled with back -to- school supplies were being handed out to the Boys and Girls Club tomorrow, thanks to the Anaheim Rotary Club. Also, as promised, the motel outreach program now included 65 new members from Anna Drive to be transported on a daily basis and other neighborhoods identified by staff would have the same services extended to them as well. Melanie Shaw, speaking on behalf of circus animals, asked the citizens of Anaheim and its leaders to ban Ringling Bros. circus from performing in Anaheim. Jose Vargas, OC Young Democrats, protested council's rejection of a ballot measure putting elections by district to a vote of the people. Alexandra Ariza, in support of Anaheim Police Department, reported on the number of rapes, robberies, homicides, grand thefts and aggravated assaults occurring in the city for the first six months of 2012, and the need to allow the police to do their jobs patrolling neighborhoods with known gang populations. Sarah Hurdle remarked her brother, Justin Hurdle, was slain by Anaheim police in Yorba Linda ten years ago, not a typical victim, but a middle - class, white father of two. Brian Chuchua, resident, urged council to heal the divisiveness and work together for the people of the community and not special interests. Jose Moreno reported that 86 percent of students in the Anaheim City School District were on free lunch programs, coming from the working poor. He believed a city infrastructure with social policies to support the sustenance of families was necessary. He asked the city to pay attention to the long -term investment and earmark $1 of the $87 Disneyland ticket, which made record profits over the years, to go towards investing in children in the most desperate neighborhoods. The City's corporate entities, such as Angels Baseball, Honda Center and Disneyland should also be part of a sustainable social policy for Anaheim's children. Theresa asked what efforts were being made to make changes to the communities, to bring about a better Anaheim, now, rather than later and to actually release information in the interests of transparency. Lisa Wade, Take Back Anaheim, remarked this organization would continue to push for the Let the People Vote Initiative for the future and would continue to ask council to do the right thing and provide for a vote on this issue. Council Meeting Minutes of August 21, 2012 Page 8 of 25 Joanne Sosa remarked Take Back Anaheim would attend every council meeting and continue to press for the Let the People Vote Initiative and for elections by district, remarking these issues would not go away. Amin David objected to special interests taking precedence over the needs of the people. CONSENT CALENDAR: Mayor Tait removed Item 21 from the consent calendar for further discussion and declared a potential conflict of interest on Item No. 31. Council Member Galloway also pulled Item Nos. 25, 26 and 34. Council Member Eastman moved to approve the balance of the consent calendar as presented, seconded by Mayor Pro Tern Sidhu. Roll Call Vote: Ayes — 5: (Mayor Tait and Council Members: Eastman, Galloway, Murray and Sidhu.) Noes — 0. Motion Carried. 4. Receive and file minutes of the Community Services Board meeting of May 10, 2012; B105 Parks and Recreation Commission meeting of May 23, 2012; Sister City Commission meetings of May 21, 2012 and June 25, 2012; Cultural and Heritage Commission meeting of June 21, 2012; and the Public Utilities Board meetings of May 23, 2012 and June 27, 2012. 5. Receive and file the Annual Consolidated Detail and Allocation Report for fiscal year D160 2011 -12 Supplemental Law Enforcement Services Fund. 6. Approve the Investment Portfolio Report for June 2012 (July 24, 2012 Council meeting, D117 Item No. 04). D117 7. Approve the Investment Portfolio Report for July 2012. 8. Approve and authorize the Human Resources Director to execute an agreement with the International Brotherhood of Electrical Workers, Local 47, to utilize the services of a City AGR -7306 employee for union business and reimburse the City for those services for an indefinite period of time (July 24, 2012 Council meeting, Item No. 05). 9. Waive the sealed bid requirement of Council Policy 4.0 and authorize the Purchasing Agent to issue a purchase order to Califa Library Group, Inc., in the amount of $37,056, D180 for early literacy stations for the Community Services Department (July 24, 2012 Council meeting, Item No. 07). 10. Accept the lowest responsive bids of A.Y. Nursery, Inc., and Orange County Nursery, Inc., in an aggregate amount not to exceed $122,313 (including tax), for various nursery D180 trees for the TreePower program, for a one year period with up to four one -year optional renewals and authorize the Purchasing Agent to exercise the renewal options, in accordance with Bid #7631 (July 24, 2012 Council meeting, Item No. 08). 11. Accept the lowest responsive bid and authorize the Purchasing Agent to issue a purchase order to A -Z Bus Sales, Inc., in an amount not to exceed $176,328, for the D180 installation of diesel emission control devices on eight heavy duty on -road vehicles for the Public Works Department, Fleet Services Division, in accordance with Bid #7658 (July 24, 2012 Council meeting, Item No. 09). 12. Ratify a change order to the master agreement with Crisp Enterprises, Inc., dba C -2 D180 Reprographics, increasing the annual contract amount by $230,000 to provide additional Council Meeting Minutes of August 21, 2012 Page 9 of 25 services required by the Public Works Department (July 24, 2012 Council meeting, Item No. 10). 13. Award the contract to the lowest responsible bidder, Cal -City Construction, Inc., in the AGR -7307 amount of $1,735,000, for security enhancements at the Convention Center and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions (July 24, 2012 Council meeting, Item No. 11). D175 14. Adopt a seven -year Transportation Capital Improvement Program to comply with Renewed Measure M funding requirements (July 24, 2012 Council meeting, Item No. 12). 15. Approve and authorize the Director of Public Works to execute Contract Change Order No. 1, and any related documents, in favor of Slater Waterproofing, Inc., in the amount AGR - 6374.0.1 of $494,500, for the Anaheim Convention Center Car Park 1 Repair Project (July 24, 2012 Council meeting, Item No. 13). 16. Approve and authorize the Director of Public Works to execute Contract Change Order No. 1, and any related documents, in favor of GMC Engineering, Inc., in the amount of $104,000, for the Anaheim Canyon Metrolink Pedestrian Improvement Project Phase 1 AGR - 6901.0.1 (July 24, 2012 Council meeting, Item No. 14). 17. Approve and authorize the Director of Public Works to execute Contract Change Order AGR - 6903.0.2 No. 2, and any related documents, in favor of Energy Retrofit, in the amount of $40,254, for the Anaheim Convention Center Exhibit Hall Lighting Replacement Project and authorize the fiscal year 2012/13 annual budget for the Public Utilities Department to be amended by increasing revenues and expenditures by such an amount equal to Contract Change Order No. 2 (July 24, 2012 Council meeting, Item No. 15). 18. Approve a Master Agreement for certain electric utility construction, maintenance repair AGR -7308 and immediate response projects, authorize the Public Utilities General Manager to take AGR- 4777.B necessary actions to implement, administer, and execute the agreements with AGR -7309 prequalified city contractors during the term of the agreement, including with, A.M. AGR- 6127.A Ortega Construction Company, Inc.; Asplundh Construction Corp.; Cupertino Electric, AGR -7310 Inc.; E.E. Electric, Inc; Elemental Energy, Inc.; Hampton Tedder Electric Company; AGR- 4776.B Henkels & McCoy, Inc.; Herman Weissker, Inc.; Hot Line Construction, Inc.; AGR- 2737.0 International Line Builders, Inc.; Michels Power; Miron Electric Construction Corp.; PAR AGR -7311 Electrical Contractors, Inc., and authorize de minimis changes that do not substantially AGR -7312 change the Master Agreement, to be approved by the City Attorney (July 24, 2012 Council meeting, Item No. 16). 19. Award funding to Servite High School, in the amount of $150,000, for the Sun Power for the Schools Program and authorize the Public Utilities General Manager to execute and AGR -7314 take the necessary actions to implement and administer the agreement to provide the award and assist in the completion of Servite's solar energy project (July 24, 2012 Council meeting, Item No. 17). 20. Approve the Backflow Prevention Device Customer Assistance Program and master D182 Backflow Prevention Device Assistance Agreement (Assistance Agreement) authorizing the City to provide loans to qualified property owners for the purpose of assisting those Council Meeting Minutes of August 21, 2012 Page 10 of 25 owners with the installation of legally compliant backflow prevention devices, authorize the Public Utilities General Manager to take necessary actions to implement, administer, and execute the Assistance Agreement and any related documents with qualified property owners in furtherance of the Program; and authorize de minimis changes that do not substantially change the Assistance Agreement, to be approved by the City Attorney. D182 22. Approve and authorize the Public Utilities Department fiscal year 2011/12 net write -off of uncollectible utility customer accounts, in the total amount of $943,143. 23. Approve the fiscal year 2011/12 write -off of uncollectible miscellaneous accounts D128 receivable, in the total amount of $778,227 24. Waive the sealed bid requirements of Council Policy 4.0 and ratify a purchase order to Integrated Technology, in the amount of $57,787.50, for the emergency repair of the D180 Anaheim City Hall telephone system. D175 27. Approve the Title VI report for transportation programs. 28. Approve a Highway Easement Deed conveying to the State of California, the City's right and title highway easement interest in and to previously acquired real property along P124 Beach Boulevard for the Westgate Project (314 North Beach Boulevard). 29. Approve an engineering services agreement with Nichols Consulting Engineers, CHTD, in an amount not to exceed $80,000, for the City's Arterial Highway Pavement AGR -7315 Management System program update for fiscal years 2011/12 and 2012/13. 30. RESOLUTION NO. 2012 -091 A RESOLUTION OF THE CITY COUNCIL OF D175 THE CITY OF ANAHEIM designating Beacon Avenue from Loara Street to Gilbuck Drive as "Permit Parking Only" streets within Permit - Eligible Parking District No. 12 (Permit Parking Area No. 12) (July 24, 2012 Council meeting, Item No. 18). 31. RESOLUTION NO. 2012 -092 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the Director of Public Works or designee to submit R100 multiple project grant applications to the Orange County Transportation Authority for funding under the Environmental Cleanup Program on behalf of the City of Anaheim, and if awarded, authorizing the acceptance of such grant on behalf of the City and amending the budget for fiscal year accordingly (July 24, 2012 Council meeting, Item No. 19). Mayor Tait abstained on this matter due to a potential conflict of interests as his business has worked with OCTA. Roll call vote: Ayes — 4: (Mayor Pro Tem Sidhu and Council Members: Eastman, Galloway, and Murray. Noes — 0. Abstention — 1: Mayor Tait. Item No. 31 approved. 32. RESOLUTION NO. 2012 -093 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the Chief of Police or his designee to submit a AGR- 4032.H.0.1 grant application on behalf of the City of Anaheim to the California Emergency Management Agency, for the 2012 Urban Areas Security Initiative (UASI) Grant Program, and if awarded, authorizing the acceptance of such grant on behalf of the City Council Meeting Minutes of August 21, 2012 Page 11 of 25 and amending the budget for fiscal year 2012 -13 accordingly (July 24, 2012 Council meeting, Item No. 20). Approve and authorize the City Manager to execute the Memorandum of Understanding with the City of Santa Ana for the 2012 Urban Areas Security Initiative Grant Program. 33. RESOLUTION NO. 2012 -094 A RESOLUTION OF THE CITY COUNCIL OF T105 THE CITY OF ANAHEIM levying special taxes within City of Anaheim Community Facilities District No. 1989 -1 (Sycamore Canyon) (July 24, 2012 Council meeting, Item No. 21). RESOLUTION NO. 2012 -095 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM levying special taxes within City of Anaheim Community Facilities District No. 1989 -2 (The Highlands) (July 24, 2012 Council meeting, Item No. 21). RESOLUTION NO. 2012 -096 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM levying special taxes within City of Anaheim Community Facilities District No. 1989 -3 (The Summit) (July 24, 2012 Council meeting, Item No. 21). RESOLUTION NO. 2012 -097 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM levying special taxes within City of Anaheim Community Facilities District No. 06 -2 (Stadium Lofts) (July 24, 2012 Council meeting, Item No. 21). RESOLUTION NO. 2012 -098 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM levying special taxes within City of Anaheim Community Facilities District No. 08 -1 (Platinum Triangle) (July 24, 2012 Council meeting, Item No. 21). 35. RESOLUTION NO. 2012 -100 A RESOLUTION OF THE CITY COUNCIL OF R100 THE CITY OF ANAHEIM in support of the transfer of Ontario International Airport (ONT) to local control. 36. RESOLUTION NO. 2012 -101 A RESOLUTION OF THE CITY COUNCIL OF R100 THE CITY OF ANAHEIM authorizing the sale of certain city owned property located at 2123 West Sunrise Avenue (APN 072 - 501 -02; ABA2010- 00185). 37. RESOLUTION NO. 2012 -102 A RESOLUTION OF THE CITY COUNCIL OF R100 THE CITY OF ANAHEIM authorizing the sale of certain city -owned property located at 2516 West Glencrest Avenue (APN 071 - 295 -19; ABA2006- 00134). 38. RESOLUTION NO. 2012 -103 A RESOLUTION OF THE CITY COUNCIL OF R100 THE CITY OF ANAHEIM approving and adopting an amendment to the City's Conflict - of- Interest Code to add the City of Anaheim, as Successor Agency to the Anaheim Redevelopment Agency, and the Oversight Board of the Successor Agency. 39. ORDINANCE NO. 6249 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending Section 18.108.040.080 of Chapter 18.108 of Title 18 of the C410 Anaheim Municipal Code relating to permitted signs for Festival Specific Plan No. 90 -1 (Specific Plan Amendment No. 2012 - 00062) (Introduced at Council meeting of July 10, 2012, Item No. 29; Continued from July 24, 2012 Council meeting, Item No. 22). Council Meeting Minutes of August 21, 2012 Page 12 of 25 40. ORDINANCE NO. 6250 (ADOPTION) AN URGENCY ORDINANCE OF THE CITY OF ANAHEIM fixing and levying a property tax on the full cash value of all property within the corporate limits of the City of Anaheim for the fiscal year 2012/2013 and declaring the urgency therefor and that this ordinance shall take immediate effect. A copy of the full text of the proposed Ordinance is available for review in the Office of the City Clerk. 41. ORDINANCE NO. 6251 (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. 2012 - 00249; 305 South Camellia Street). 42. Approve minutes of the Council meetings of June 19, 2012 and July 10, 2012. END OF CONSENT CALENDAR: 21. Approve the proposed Five Year Underground Conversion Plan for fiscal years 2012/13 D182 to 2016/17. Mayor Tait announced that earlier a workshop had been conducted on the five year underground conversion plan and he wished to move approval of Item 21 with the sequencing of the Plan amended placing the Lincoln /Rio Vista project after the Miraloma project to allow for earlier completion of the entire Lincoln corridor, with the condition that any street widening project take precedence as suggested by staff, seconded by Mayor Pro Tern Sidhu. Roll Call Vote: Ayes — 5: (Mayor Tait and Council Members: Eastman, Galloway, Murray and Sidhu.) Noes — 0. Motion Carried. 25. Waive Council Policy 4.1 and approve an agreement with Community Service Programs, Inc., in an amount not to exceed $230,000, for consulting services related to the AGR- 6446.A California Gang Reduction, Intervention, and Prevention (GRIP) program. Police Chief John Welter reported this item would approve an amendment to a professional services agreement for the CAL GRIP program, a partnership between Anaheim and Community Service Programs, aimed at reducing gang violence in the community. He noted this was an 18 month agreement with nine schools involved, explaining the amendment would not exceed $230,000 and that additional Community Service Program staff would be added to the program to continue funding for all nine schools and not impact the City's General Fund. Currently the schools included Palm, Patrick Henry, Paul Revere, Edison, Henson, Danbrook, Dale Jr., South Jr. and Sycamore Jr. High. This program, he added, was designed and introduced in 2006 and addressed elementary as well as junior high school students to help students stay out of gangs and in school by bringing a number of professionals together for each student and designing a program specific to that student. To answer Council Member Galloway's question, direct services were provided to students and their parents with officers assigned to schools and working in programs specific to the student involved. This year, he added, GRIP would be expanded into Switzer, Rio Vista and Ponderosa and all three of the schools in that area would be provided assistance. Mayor Pro Tern Sidhu moved to approved Item No. 26, 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 August 21, 2012 Page 13 of 25 26. Approve and authorize the City Manager, or his designee, to execute the First AGR- 7162.1 Amendment to CalWORKS Vocational Training Program Vendor Agreement with E. Cubics, LLC, increasing the maximum subgrant amount from $50,000 to $150,000 for vocational skills training at the Anaheim One -Stop Center through June 30, 2013. John Woodhead, Community Development Director, reported E. Cubics was awarded a contract to provide vocational skills training for individuals receiving services through the Anaheim One - Stop Center at Anaheim Jobs and that training included computer electronic technician, medical assistant, electronic medical records, nurse assistant and nurse technician aide. This amendment was necessary, he stated, as E. Cubics reached the $50,000 maximum compensation amount allowed under their original agreement and increased financing was needed in anticipation of additional vocational skills training enrollments through June 30, 2013. The proposed amendment would provide for an increase in the maximum subgrant amount from $50,000 to $150,000 and if approved, E. Cubics would receive clients from Anaheim Jobs on an individual referral basis. Council Member Galloway asked for an audit of how many individuals are receiving training through that program and what it costs for that training per person. Mayor Pro Tern Sidhu moved to approved Item No. 26, seconded by Council Member Eastman. Roll Call Vote: Ayes — 5: (Mayor Tait and Council Members: Eastman, Galloway, Murray and Sidhu.) Noes — 0. Motion carried 34. RESOLUTION NO. 2012 -099 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM supporting the Anaheim - Ontario International Airport Maglev R100 Train Project. Public Works Director Natalie Meeks reported Item 34 was a resolution in support of the Anaheim - Ontario International Airport Maglev/Train, a project that had been studied for a number of years. Federal funds had been identified for this project and this resolution supported using those funds for the Anaheim to Ontario segment for the environmental process. Although the ultimate services were from Anaheim to Las Vegas, the segment between Anaheim and Ontario was a key section that had independent value beyond the extension to Las Vegas, and provided a direct connection to the airport and also help relieve some of the areas most congested corridors. Council Member Galloway emphasized this project was of regional importance, permitting Anaheim direct access to an international airport. Council Member Eastman then moved to approve RESOLUTION NO. 2012 -099 OF THE CITY COUNCIL OF THE CITY OF ANAHEIM supporting the Anaheim - Ontario International Airport Maglev Train Project; seconded by Council Member Galloway. Council Member Eastman remarked that from a goods and services perspective for both residents and businesses, connecting Anaheim to an international airport would serve Anaheim well. Roll Call Vote: Ayes — 5: (Mayor Tait and Council Members: Eastman, Galloway, Murray and Sidhu.) Noes — 0. Motion carried. 43. Consider an appointment to fill an unscheduled vacancy on the Sister City Commission, term to expire June 30, 2013 (July 24, 2012 Council meeting, Item No. 24). B105 Appointment: Cynthia Coad (term ending June 30, 2013) (Unscheduled vacancy of Virginia Zlaket) Council Meeting Minutes of August 21, 2012 Page 14 of 25 Council Member Galloway nominated Cynthia Coad to the Sister City Commission and with no other nominees offered, Ms. Coad was unanimously appointed. CITY COUNCIL, ACTING AS SUCCESSOR AGENCY TO THE ANAHEIM REDEVELOPMENT AGENCY 44. RESOLUTION NO. 2012 -104 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, ACTING AS THE SUCCESSOR AGENCY TO THE FORMER R100 ANAHEIM REDEVELOPMENT AGENCY, approving a Recognized Obligation Payment Schedule for January 1, 2013, through June 30, 2013, and authorizing certain other actions pursuant to Section 34177 of the California Health and Safety Code. RESOLUTION NO. 2012 -105 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, ACTING AS THE SUCCESSOR AGENCY TO THE FORMER ANAHEIM REDEVELOPMENT AGENCY, authorizing and directing the Executive Director of the Community Development Department to represent the City, acting in its capacity as the Successor Agency to the Anaheim Redevelopment Agency, in matters pertaining to the Redevelopment Dissolution Act, as amended. Council Member Galloway moved to approve RESOLUTION NO. 2012 -104 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, ACTING AS THE SUCCESSOR AGENCY TO THE FORMER ANAHEIM REDEVELOPMENT AGENCY, approving a Recognized Obligation Payment Schedule for January 1, 2013, through June 30, 2013, and authorizing certain other actions pursuant to Section 34177 of the California Health and Safety Code; and to approve RESOLUTION NO. 2012 -105 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, ACTING AS THE SUCCESSOR AGENCY TO THE FORMER ANAHEIM REDEVELOPMENT AGENCY, authorizing and directing the Executive Director of the Community Development Department to represent the City, acting in its capacity as the Successor Agency to the Anaheim Redevelopment Agency, in matters pertaining to the Redevelopment Dissolution Act, as amended, seconded by Council Member Murray. Roll Call Vote: Ayes — 5: (Mayor Tait and Council Members: Eastman, Galloway, Murray and Sidhu). Noes — 0. Motion Carried. PUBLIC HEARINGS: 45. 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 AG R- 4829.1 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: Recommended City Council approval of Amendment No.1 to Development Agreement No. 2006 -00004 (DAG- 2006- 00004A). Council Meeting Minutes of August 21, 2012 Page 15 of 25 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). MOTION: Find and determine that the previously- approved Final Subsequent Environmental Impact Report No. 339 serves as the appropriate environmental documentation for this request, and ORDINANCE NO. (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM (1) approving Amendment No. 1 to Development Agreement No. 2006 -00004 between the City of Anaheim and AMB Platinum, LLC, (2) making certain findings related thereto, and (3) authorizing the Mayor to execute the agreement on behalf of the City (DEV2012- 00036). Item No. 45 continued to September 11, 2012 at the request of the applicant. 46. This is a continued public hearing to consider a resolution approving the issuance of bonds by the Anaheim Housing Authority for the Anton Monaco Apartments located at 1881 W. Lincoln Avenue (July 24, 2012 Council meeting, Item No. 28). D155 RESOLUTION NO. 2012 -106 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM pursuant to Section 147(f) of the Internal Revenue Code of 1986 approving the issuance of bonds by the Anaheim Housing Authority for the Anton Monaco Apartments. Mayor Tait declared a potential conflict of interest on this item as his firm had done business with Anton Monaco in the past, and exited the dais at 7:08 p.m.. Mayor Pro Tem Sidhu requested a staff report on the item. John Woodhead, Community Development Director, reported the Anaheim Housing Authority had received a request by Anton Monaco LP to apply for bond financing through the California Debt Limit Allocation Committee to finance their project, Anton Monaco Apartments. He explained the developer sought federal four percent housing tax credits and private activity multi - family housing revenue bonds to finance a 232 unit, multi - family development on the old Target site located at 1881 West Lincoln, a former environmentally contaminated site. The project was consistent with all Planning Department requirements and no discretionary action was required and it was expected to generate 50 new full -time jobs and 500 construction jobs with construction to begin January 2013, lasting 18 months. The resolution for council's consideration provided approval to the Anaheim Housing Authority as required by state law for financing of the project in an amount not to exceed $46,630,000 and in addition, this action would also fulfill federal tax law requirements under the Tax Equity and Fiscal Responsibility Act (TEFRA). Financing would be provided for the site acquisition, construction and equipping of the project and Mr. Woodhead added there was no default risk to the Anaheim Housing Authority or the city since the bonds were to be repaid from project revenues and remained a liability of the developer. If approved, he further explained, the bonds would be issued in late 2012. Mayor Pro Tern Sidhu opened the public hearing for comments. William Fitzgerald, Anaheim Home, opposed this project, alleging high density issues, lack of parking and cracker -box construction. Council Meeting Minutes of August 21, 2012 Page 16 of 25 James Robert Reade disputed Mr. Fitzgerald's claims stating affordable housing built in Anaheim provided for aesthetically inviting low cost housing that served a real need. With no other comments offered, Mayor Pro Tern Sidhu closed the public hearing. Council Member Eastman moved to approve RESOLUTION NO. 2012 -106 OF THE CITY COUNCIL OF THE CITY OF ANAHEIM pursuant to Section 147(f) of the Internal Revenue Code of 1986 approving the issuance of bonds by the Anaheim Housing Authority for the Anton Monaco Apartments, seconded by Council Member Galloway. Roll Call Vote: Ayes — 4: (Mayor Pro Tern Sidhu and Council Members: Eastman, Galloway and Murray.) Noes — 0. Abstention — 1: Mayor Tait. Motion Carried. Mayor Tait returned to the dais at 7:18 P.M. 47. This is a public hearing to consider approval of a resolution creating Underground District No. 61 along Douglass Road. T107 RESOLUTION NO. 2012 -107 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM creating underground District No. 61 (Douglass). Mr. Dukku Lee, Assistant General Manager, Electric Services Division, remarked the undergrounding workshop held at the beginning of this council meeting provided details on the five year undergrounding plan and the projects identified. The resolution on Item 47 would create Underground District No. 61 for Douglass Road project extending from Katella to the 57 Freeway. This work, he added, had an estimated cost of just under $1 million and would be done in conjunction with elevation street changes as well as street widening in that area. By coordinating undergrounding activities at the same time as the other street construction activities, it allowed the Department to take advantage of existing construction activities and the neighborhood and travelers to be impacted once rather than twice. Mayor Tait opened the public hearing for comment. William Fitzgerald, Anaheim Home, opposed this project, along with the ARTIC station development and the ARC project and objected to former and current council members support for these activities as well as potential council candidate's link to same. James Robert Reade objected to Mr. Fitzgerald's opinions. Mayor Pro Tern Sidhu moved to approve RESOLUTION NO. 2012 -107 OF THE CITY COUNCIL OF THE CITY OF ANAHEIM creating underground District No. 61, seconded Council Member Eastman. Roll Call Vote: Ayes — 5: (Mayor Tait and Council Members: Eastman, Galloway, Murray and Sidhu.) Noes — 0. Motion Carried 48. Public Re- hearing: F130.2 This is a continued public re- hearing to consider the award of taxi franchises and the allocation of 255 available taxicab permits in the City (public hearing held on May 8, 2012, Item No. 27; request for re- hearing submitted by California Yellow Cab's and granted on June 19, 2012, Item No. 06; July 24, 2012 Council meeting, Item No. 29). Council Meeting Minutes of August 21, 2012 Page 17 of 25 ORDINANCE NO. 6252 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM granting a non - exclusive franchise to Yellow Cab of Company of Northern Orange County, Inc. dba Yellow Cab of Greater Orange County, for the purpose of operating taxicab service in the City of Anaheim; and stating the term and conditions upon which said franchise is granted (155 taxicab permits). ORDINANCE NO. 6253 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM granting a non - exclusive franchise to CABCO, Inc. dba California Yellow Cab for the purpose of operating taxicab service in the City of Anaheim; and stating the term and conditions upon which said franchise is granted (50 taxicab permits). ORDINANCE NO. 6254 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM granting a non - exclusive franchise to A White and Yellow Cab, Inc. dba: A Taxi Cab for the purpose of operating taxicab service in the City of Anaheim; and stating the term and conditions upon which said franchise is granted (50 taxicabs). Sheri Vander Dussen, Planning Director, reported that in May, 2012, council voted to award taxi franchises to three companies with Yellow Cab of Greater Orange County receiving 155 taxi permits, California Yellow receiving 50, A -Taxi receiving 50 and 24/7 Taxi being awarded no franchise. After council's decision, California Yellow submitted a request for a rehearing and the rehearing request was granted. She remarked that as any modifications to any franchise could affect the other cab companies, the hearing tonight encompassed all three franchises granted in May. All four cab companies were invited to submit additional information for council consideration and staff also worked with Orange County Taxi Administration Program ( OCTAP) to get additional information regarding complaints and licenses. Ms. Vander Dussen explained OCTAP licensed all taxi operations in Orange County, established and enforced taxi regulations, set fares, licensed cab companies, issued permits to taxi drivers and handled all taxi complaints. When taxi company licenses were up for renewal, OCTAP reviewed criminal backgrounds, insurance, DMV records, violations, complaints and judgments. All four companies that applied to provide taxi service in Anaheim had current licenses from OCTAP and as of its last review of each firm, OCTAP determined that any complaints, violations or judgments had been resolved to its satisfaction. Companies applying for a franchise were required to disclose all judgments with Ms. Vander Dussen pointing out California Yellow identified some judgments against A -Taxi that were outside the time frame reviewed by OCTAP. OCTAP indicated it would ask A -Taxi to provide evidence that three judgments that did not appear during a prior search had been satisfied and A -Taxi demonstrated that the matter with Mercury Insurance that was referenced during the rehearing request had been settled and that all required payments were made pursuant to the settlement. Financial information provided by each franchise applicant was also reviewed by the city's internal audit staff and the review of A -Taxi Company's information was inconclusive because pages were missing and the financial statements were not audited by a firm licensed to practice accounting in California. While A -Taxi provided the missing pages and some additional information, there was still no documentation that the audits were performed by a licensed California firm. She added the city's RFP called for all proposers to demonstrate that at least 50 percent of its fleet would meet green vehicle criteria by year 2017. A -Taxi proposed to convert existing vehicles to run on natural gas to meet this standard, however, the proposed conversion kit had not yet been accepted by the California Air Resources Board (CARB). As a result, there was no way to be sure the vehicles would meet the standards specified in the RFP. She indicated each of the franchise applicants provided additional information attached to the staff Council Meeting Minutes of August 21, 2012 Page 18 of 25 report adding that the Taxi Advisory Committee (TAC) was not reconvened to evaluate the additional information. Ms. Vander Dussen ended the presentation stating council had the authority to grant franchises to provide taxi service within Anaheim with the goal of providing outstanding service to residents and visitors, remarking staff recommended council select one or more companies to provide this service and allocate the 255 permits among the franchises. Mayor Tait opened the public hearing, requesting the taxi companies offer their comments first, followed by members of the public and ending with rebuttal comments from the taxi firms. Larry Slagle, Yellow Cab Company of Greater Orange County remarked his firm had responded to an RFP for taxi service, operated in Anaheim since 1945 and until year 2000 was the only taxi company in the city. He stressed Yellow Cab received the highest rating from the TAC, was interested in providing good services and had been involved in the community. With the growth of tourism in the city, he stated Anaheim set up a franchise mechanism to allow them to establish higher standards and certain response criteria, such as car age, insurance requirements, and driver training. A bid was submitted and the city's consultant recommended there be two or more operators in the city and at that time three operators were selected and because Yellow Cab of Orange County had been the long -time operator in Anaheim, was established locally and had the most business, they received the highest number of permits which was 155. He stated the company complied with operating conditions, response times, clean fuel vehicles, drivers training and participated in the community. If given all the permits available, he stated, within a year Yellow Cab could qualify under all conditions established by the city. The company installed the latest GPS dispatch equipment, back -seat swipes for credit cards, driver training, wheel -chair equipped vehicles and stood ready to serve the residents of Anaheim. Tim Conlon, California Yellow Cab, requested his company be granted a franchise to operate 100 taxicabs in the city. With the second highest rated score from TAC, just a few percentage points below Yellow Cab of Greater Orange County, his focus on the May 8 th hearing was to advocate for a more balanced allocation of vehicle permits. After that hearing, California Yellow Cab was awarded 50 permits of the 100 requested and consequently spent considerable time reviewing the TAC evaluation of the other three responding companies. This review led to the appeal of council's original action and he appreciated the opportunity to restate California Yellow Cab's qualifications. California Yellow was the first taxicab company to be involved in the Ambassador Program, recognizing that taxi drivers were often the first and last impression made upon Anaheim visitors. It was also the first company to deploy new CNG powered Ford Transit Connect, the latest in taxi platforms showing a shared commitment with the City toward a greener future. It was also the first company to install rear seat credit card processing throughout its fleet and the only company in the county to use in -cab video and audio to assist in traffic accident reconstruction and incident review along with maintaining the largest fleet of wheelchair accessible cabs in the city. Mr. Conlon added, these innovations combined with more than ten years of dependable service to the city, demonstrated there were only two companies worthy of receiving Anaheim's taxi permits, i.e. Yellow Cab of Greater Orange County and California Yellow Cab. Mr. Conlon ended his presentation requesting an allocation of 100 permits as outlined in the original RFP submittal. Council Meeting Minutes of August 21, 2012 Page 19 of 25 Kenneth Zoikan, A -Taxi Cab, stated the city conducted a fair, balanced open bidding process for taxi franchise renewal process and in May awarded franchise permits to three companies, Yellow Cab of Greater Orange County, California Yellow Cab and A Taxicab, a decision reached after a yearlong review by experts who ultimately recommended to council a decision for approval of permits. On June 19, 2012, council undid that decision by allowing one cab company to attack another and granted a request rehearing submittee by California Yellow Cab. Mr. Zoikan stated that decision violated the Brown Act requiring proper notice before action was taken, violated state laws concerning the enabling statutes that allow the power to interfere with free enterprise by having a franchise system that limited the number of competitors, violated the Anaheim Municipal Code because CABCO's request for a rehearing stated it was entitled to a rehearing as it discovered new evidence when the evidence was dated May 28 prior to the May 29 hearing and was not "new" evidence. Because the Brown Act was violated, Mr. Zoikan stated the actions taken were legally void. In addition, Mr. Zoikan indicated there could have been a violation concerning illegal lobbying of this council by a former member when one year had not yet. Mr. Kenswick remarked that Anaheim City Council had approved taxi franchises in May followed by an unprecedented action on June 19 to potentially undo all that was done to date. A letter dated June 22, 2012, notified his client that the franchise was no longer in effect because a rehearing had been granted which then compelled A White and Yellow Cab to file a lawsuit against the city, go to court for an ex parte and a successful stay, which continued at this point in time. Mr. Kenswick then notified the city that if bid proposals were going to be reheard, the city would have to hear all three proposals which subsequently led to the city sending a July 5th letter explaining the rehearing would encompass all bid submittals. He pointed out his client had to find out through a public records request about the rehearing process and felt they were not on a level playing field with the other cab companies. He urged council to take the right step and go back to the initial allocation and insure A White and Yellow Cab did not lose their franchise permits. William Gray, A Taxi Cab, stated they were an Anaheim firm, had served the city for over 25 years and had been an alternative to the taxi service provided in the city having built a loyal base of operations for residents and businesses servicing 4,500 to 5,000 calls per month with 50 taxicabs. His firm met the needs the other franchises did not, and residents could count on them during major conventions when taxis focused on hotels and other tourist venues. He indicated ATaxi Cab was a viable company, the largest in the county today with over 300 cabs. It was OCTAP licensed and approved, past judgments, history and insurance were not in question after review by OCTAP and the residents could rely on a safe option for service. His firm was the first to require uniforms and put in GIPS dispatch systems and provided six passenger minivans with environmental ratings equivalent to CNG powered vehicles, maintaining a unique function in transportation for school age children transportation, support for various non - profits with discounts and special services not offered by others and to serve seniors and the economically disadvantaged in the city. He asked that the city follow Staff's initial recommendation and protect the choice of the residents of Anaheim. Kostantino Roditis, 24/7 Taxicab, believed the Taxi Advisory Committee conducted a flawed ranking process for his company. Specifically, their computerized dispatch system was rated low when they had XDS dispatching services and the newest mobile data terminals not yet used by competitors. He also added financing for 100 new 2012 Ford Transit Connect CNG vehicles was shown to be provided as well. Regarding the allocation of permits, he believed Yellow Cab of Greater Orange County should not have received more than 90 permits, but received more because of a bias toward the incumbent firm which hampered the chances of other firms Council Meeting Minutes of August 21, 2012 Page 20 of 25 seeking to do business in the city. He pointed out California Yellow and A Taxicab had been barred from service from the Hilton, Marriott and some Disney properties, yet they were ranked higher in the TAC ratings than 24/7. In addition, A Taxicab received an inconclusive score on their financial statements and 24/7 received the lowest score possible even with their strong financial backing and audited financial statements which he believed was a continuing bias towards his company. At this point in time, he remarked, all three taxicab firms had been operating in the city without a proper franchise or permit system and because the city continued to allow those services, it was not legitimate and hindered the rest of the companies from operating. Mr. Roditis stated his reputation in the community as a business owner, his involvement in the local rotary club, and council's confidence in him as an appointed commissioner should give him an opportunity to operate 24/7 Taxicab in the city of Anaheim. Mayor Tait invited public comments. William Fitzgerald, Anaheim Home, opposed long -term contracts for taxi franchises, and supported dividing the permits equally among all four companies. Dwight, A Taxi driver, stated many of the A Taxi drivers were in the audience and offered good service throughout the county. Vincent Lemon Tree Hotel, remarked A -Taxi was always the first to get to Lemon Tree Hotel because other taxi companies took longer to respond. He added the drivers made a good impression on Lemon Tree guests. Ruth Jesse remarked that A Taxicab offered good, courteous service, helping her in many ways by opening doors and helping with packages. Chris Vanderveer remarked he had been using A -Taxi for a number of years and asked council to allow choices for their citizens. Prime Health Care Services, Director, used A -Taxi for six years, remarking this company had worked with her to train their drivers in cooperation with clinical staff at La Palma Hospital to make sure they could handle transporting psychiatrically comprised patients on a regular basis. The drivers had developed relationships over the six years that patients rely upon and she hoped that would be taken into consideration when approving taxi permits. Steve Wood, South Bay Ford /Lincoln Mercury, remarked he provided the Transit Connect CNG vehicles currently being used in Anaheim, remarking it took time to ensure the appropriate "prep" package was installed for vehicles to meet CARB certified standards. He submitted a comment letter from Ford on the proposed Town and Country used car conversion, indicated CARB had not granted a certificate on a used produt, and the potential for premature engine failure. The letter addressed technical aspects of the proposed conversion and the possibility of liability and safety issues without proper certification. Frank Zeigler explained GreenKraft Inc. was a sister company of California Environmental Engineering, a 1065 EPA and CARB recognized laboratory, and was able to supply conversion systems to various companies and dealers and had access to an independent emissions laboratory that was EPA and CARB recognized for testing certification on different systems. Council Meeting Minutes of August 21, 2012 Page 21 of 25 GreenKraft proposed to convert up to 80 Chrysler Town and Country minivans for the A Taxi franchise at an estimated value of $14,000 per vehicle conversion resulting in a combination of range and economy and displaying the city's efforts to go green. Mercy Housing, began a partnership with A -Taxi in November 2008, remarking the company provided good service to homeless families seeking hope and help at a 20 percent discounted rate. Families were transported between two motels located in Anaheim until they begin to receive case management, adding Mercy Housing was appreciative of this partnership and the prompt, courteous service provided. Mr. Singh, taxi driver, stated he had been working for A -Taxi for 11 years because it was not only an employee /employer relationship, it was because A -Taxi treated the drivers with care and respect. Other cab companies sought the more costly rides at the Convention Center and Mr. Singh pointed out, A -Taxi had been providing service to Anaheim residents for years and had made an investment in its people. Nathan Lee, Public Relations Manager for 1800ForMyTaxi, reported his job was to insure all drivers performed well throughout Orange County, offering good customer service. Many of those drivers had received specialized training such as Ambassador training, sensitive training, nationally accredited first aid and CPR training, defensive drivers training, and specialized senior and mental health passenger handling. His company provided excellent services especially for the poor and elderly and looked forward to continuing those services. Mr. Rajuna, driver had worked with A -Taxi in the past and was now with California Yellow, remarked that Yellow Cab offered owner /operator opportunities and he was now able to make a living wage under that option. Mike Castanada, California Yellow Cab, remarked he was also an owner /operator of a cab and able to make a decent living with this company. He urged council to consider staff's recommendations and award licenses to companies that would represent the city well. James Carlson, resident and manager of A- Taxicab, stated there were 300 cabs operating in the county, most of them CNG equivalents, including over 30 late model luxury vans operating in Anaheim. With fewer incident reports per capita than the other two larger companies, A- Taxi's drivers provided excellent customer service to the community. Greg Aikens, California Yellow Cab, remarked that the type of judgments against A -Taxi that was part of this appeal process were not minor infractions such as adding a vehicle to insurance after having been in an accident and that it was the only firm that had been evasive in submitting financial documents. He suggested it was good business to provide franchises to firms that used good business practices. Lynn Strong stated she handled all the finances for A -Taxi and confirmed every vehicle was insured and the operations manager made sure insurance was in effect at all times. Jose Nabati, A- Taxicab owner, remarked he had fought to provide service to Anaheim over 25 years ago, had 303 cabs in Orange County and objected to the statements made against his operation. He was not here to speak out against the other firms, but was because A -Taxi was the best company for Anaheim, looking forward to work. He suggested the permits be distributed equally among the three franchises, i.e., 85 permits per company. Council Meeting Minutes of August 21, 2012 Page 22 of 25 Konstantino Roditis, 2417 taxicab, disagreed with divided permits up equitably, stating A- Taxi's proposal was incomplete and his firm should not qualify for permits and urged the city to consider 24/7 for an Anaheim taxi franchise. Larry Slagle, Yellow Cab of Greater Orange County, remarked that staff had analyzed the taxi industry, rated the companies submitting proposals and his firm had ranked the highest. He recommended Anaheim award one franchise to the best company, and that Yellow Cab not be penalized for rating the highest under the TAC process. Yellow Cab already had 181 natural gas cars in service and had shown a commitment and investment in the city since 1945. Bill Gray, A White and Yellow Cab, pointed out the staff report on July 24 reported cab driver incidents and the ratio of incidents per driver was lower for A White and Yellow than other firms and had three minor incidents versus other companies having 5 -10 incidents of a more serious nature. With no other comments offered, Mayor Tait closed the public hearing. Council Member Murray questioned whether the required RFP information was fully provided to the City. Ms. Vander Dussen responded there were missing pages from A- Taxi's original financial statement and the city's audit chain internally had been unable to determine that the financial statements were audited by an accounting firm licensed by the state of California. Council Member Murray wondered why A -Taxi was able to move through the RFP process when they were not held to the same standard as the other companies that applied. She questioned whether A -Taxi would comply with the city's requirement for green energy and sustainability by converting an older fleet using a conversion kit not certified by CARB. Ms. Vander Dussen responded the consultant did review the proposal for green vehicles and the staff report indicated the conversion kit was not mentioned on the CARB web site as being approved and the City's consultant advised there was no way to determine or guaranty that those converted vehicles would comply with the standards specified in the RFP. Council Member Murray added that the city had a five year vehicle age specification for all companies and wondered why A -Taxi investing in a vehicle that might have an additional life span of one to three years when and if they received a CARB certified conversion. Ms. Vander Dussen replied the original staff report did indicate some concerns with the fact A -Taxi would be converting used vehicles when the RFP specified vehicles could not be older than five years. The last point Council Member Murray made was the substantial judgments that came to light with A- Taxi as opposed to others over the last ten years, recognizing that settlements had been made to those judgments but stating it was a legitimate reason for the city to take a second look at their proposal and make sure there was a process that cabs operating on city streets were safe and at the very least, were insured. Council Member Murray added that with this additional information surfacing, she felt a rehearing was warranted and that there were still significant outstanding questions unanswered, particularly pertaining to financial audits. Council Member Eastman expressed concern over OCTAP's driver incident report, stating there were a number of criminal type complaints lodged against this company, pointing out the reason to enact a franchise was to seek a higher standard of taxi services than surrounding cities because of the unique population Anaheim served. Council Member Galloway asked if the new information had been presented to the TAC since the last May recommendation, with Ms. Vander Dussen responding that all of the companies were invited to provide additional information for the rehearing but staff did not reconvene TAC to evaluate the additional information submitted. 24/7 resubmitted its entire proposal, A -Taxi Council Meeting Minutes of August 21, 2012 Page 23 of 25 submitted with clarifying information, Yellow Cab did not elaborate on its original proposal, nor did California Yellow. Council Member Murray inquired whether the city was in full compliance with the Brown Act regarding the process to date, the posting of the agendas and whether those agendas comported with staff reports. Cristina Talley, City Attorney, stated the City was in compliance with all aspects of the law in this proceeding. It was noticed as a rehearing and the Brown Act was complied with in all aspects of the noticing and posting of the notices. Council Member Sidhu confirmed that the deadline date to convert a certain amount of vehicles to the green fleet requirement was 2017. Ms. Vander Dussen added that by May 15, 2017, at least 50 percent of the franchises vehicle fleets must be converted to meeting green vehicle criteria, as specified in the RFP. After some discussion, Mayor Pro Tern Sidhu remarked that as long as A -Taxi converted 50 percent of its fleet to green vehicle criteria by that date, whether it be by the modification proposed or by the purchase of new vehicles, they would be in compliance. Ms. Vander Dussen concurred, stating that failure to comply would be grounds to revoke the franchise. After a detailed discussion on incident reports, Mayor Tait remarked that Yellow Cab had the highest number of incident reports per fleet. Council Member Galloway moved to approve the original recommendation of the TAC as follows: 1) Yellow Cab of Greater Orange County to receive 135 permits, 2) California Yellow Cab to receive 60 permits and A Taxi Cab to receive 60 permits, seconded by Mayor Tait. For the public record, Council Member Eastman reported she had met with a representative of California Yellow Cab and also spoke with a representative of Yellow Cab of Greater Orange Contract and had no contact with A -Taxi, but had met with them prior to the last decision. Mayor Tait added he had met with all cab companies prior to the initial hearing on May 29 and had spoken to California Yellow Cab since that time. He stated this was a year long process, evaluated by experts qualified to recommend a decision. To change those permit recommendations, he believed would confirm the process was flawed and he did not think that was the case and for those reasons would support the motion. Roll Call Vote: Ayes — 2: (Mayor Tait and Council Member Galloway). Noes — 3: (Mayor Pro Tern Sidhu and Council Members Eastman and Murray). Motion failed. Council Member Murray then moved to eliminate A -Taxi and award franchises as follows: 1) Yellow Cab of Greater Orange County for 155 taxicabs; 2) California Yellow Cab for 100 taxicabs, seconded by Council Member Eastman. Roll Call Vote: Ayes — 2: (Council Members Eastman and Murray). Noes — 3: (Mayor Tait and Council Members Galloway and Sidhu.) Motion Failed. Council Member Galloway moved to award the franchise and allocate the number of taxicab permits as follows: 1) Yellow Cab of Greater Orange County for 155 taxicabs; 2) California Yellow Cab for 50 taxicabs; and 3) A Taxi Cab for 50 taxicabs, seconded by Mayor Tait. Roll Call Vote: Ayes — 4: (Mayor Tait and Council Members Galloway, Murray and Sidhu.) Noes — 1: Council Member Eastman. The motion was passed and three ordinances introduced. Report on Closed Session Actions: None Council Meeting Minutes of August 21, 2012 Page 24 of 25 Council Communications: Council Member Eastman reported she was in Michigan attending her mother -in -law's burial services when the August special meetings were called and had been able to attend via teleconferencing. She then announced three community garden grand openings scheduled to celebrate the success of the Hi Neighbor Community Gardens. The first opening was scheduled for August 24 4:00 to 6:00 P.M. at 8263 East Monte Vista, the second on August 25 from 9:00 to 11:00 a.m. at Common Ground, 1770 S. Garden Drive and the third scheduled for August 26th from 3:00 to 6:00 P.M. 2100 S. Haster Street in the Ponderosa neighborhood. Mayor Pro Tern Sidhu congratulated Tom Morton, Executive Director of Convention, Sports and Entertainment on receiving the 2012 Venue of Excellence Award given by International Association of Venues Managers, the world's largest venue organization. He encouraged members of the community to submit applications for the Citizen Advisory Committee regarding the electoral system, stating the deadline for application submittal was September 11, 2012. He also invited the community to support the 13 MEU fund raiser to benefit the marines and their families at Jerry's Yogurt on August 23 Council Member Galloway asked staff to provide information on the process and timeline relating to the investigations of officer involved shootings. Bob Wingenroth, City Manager, responded the District Attorney's Office was currently reviewing open cases of officer involved shootings and once those were completed, the last two officer involved incidents would be reviewed by the United States Attorney's Office with assistance from the FBI. In addition, he noted, the Office of Independent Review, Los Angeles, would be taking a look at the last year and a half of officer involved shootings and based upon their findings, if that investigation warranted expansion, it would be done. Council Member Galloway remarked that it was also important for the public to understand the cost of litigation for Moreno v. City of Seal Beach as comments had ranged from a cost of $1 million to $15 million. She asked for a monthly report on the cost of this specific litigation. City Attorney Cristina Talley confirmed the amount of money the city would be paying for defense of this case was subject to release although any information relating to the nature of the work being done was confidential. A monthly cost accounting would be provided. Lastly, Council Member Galloway remarked that she was in favor of a ban on exotic circus animals in the city, having spent some time researching this issue and visiting elephant habitations and asked that an ordinance to consider a ban on exotic animals be placed on a future agenda. Council Member Murray discussed the formation of the citizen advisory committee regarding elections and the value of the community to become involved in this effort, asked that a link be placed on Anaheim's home page where committee applications could be submitted, and all information provided to the committee itself be available for the public on -line. In addition, with nine declared candidates for future council seats, she recommended the City look into consolidating information on candidates to be available online along with links to recordings of any major debates between candidates. She expressed appreciation of federal authorities and /or staff that participated in an effort today to shut down medical marijuana dispensaries operating illegally in Anaheim, many of them identified in residential communities. She mentioned the Muzeo Gala fundraiser slated for October 6 th benefiting educational programs and the tremendous community support for neighborhoods impacted by two officer involved shootings and protests. Mayor Tait urged the community to participate in the 13 MEU annual car wash fundraiser on August 23r at the ARCO station with all proceeds benefiting the 13 MEU and their families. He Council Meeting Minutes of August 21, 2012 Page 25 of 25 discussed the community initiatives prompted by neighborhood concerns and the leadership of the business community with Disneyland, Angels Baseball, and the Ducks taking a leadership role, as well as the non - profit community offering support and ideas, and the education component looking at their operations on how to help — all of this inspiring optimism for Anaheim's future. i Adjournment: At 10:01 P.M., with no other business to conduct, Mayor Tait adjourned the August 21, 2012 special meeting. Re ec Ily submitted, Linda N. Andal, CIVIC City Clerk