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2013/04/30ANAHEIM CITY COUNCIL REGULAR MEETING OF APRIL 30, 2013 The regular meeting of April 30, 2013 was called to order at 3:04 P.M. in the chambers of Anaheim City Hall located at 200 Anaheim Boulevard. The meeting notice, agenda and related materials were duly posted on April 26, 2013. PRESENT: Mayor Tom Tait and Council Members: Jordan Brandman, Gail Eastman, Lucille Kring and Kris Murray. STAFF PRESENT: City Manager Bob Wingenroth, Interim City Attorney Michael Houston and City Clerk Linda Andal. ADDITIONS /DELETIONS TO CLOSED SESSION: None PUBLIC COMMENTS ON CLOSED SESSION ITEMS: None At 3:05 P.M., City Council recessed to closed session for consideration of the following items: CLOSED SESSION ITEMS: CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Subdivision (d)(1) of Section 54956.9 of the California Government Code) Name of Case: Test Claim with the Commission on State Mandates, TC #09- TC -03, Santa Ana Regional Water Permit, California Regional Water Quality Control Board, Santa Ana Region, Order No. R8- 2009 -0030 (Claimant: County of Orange, Orange County Flood Control District & various cities, including City of Anaheim) PUBLIC EMPLOYEE APPOINTMENT (Subdivision (b)(1) of Section 54957 of the California Government Code) Titles: Interim City Manager; City Manager CONFERENCE WITH LABOR NEGOTIATORS (Subdivision (a) of Section 54957.6 of the California Government Code) Agency Designated Representatives: Michael R.W. Houston; Kristine Ridge Position: Interim City Manager CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (d)(2) of Government Code Section 54956.9: (One potential case) Dispute with Anaheim Capital Partners, LLC, dba Anaheim Retail Partners LLC, regarding Parking Structure Lease and Parking Structure Operating Lease enforceability and rental payments thereunder At 5:06 P.M., Council returned from closed session and the meeting reconvened. Invocation: Pastor Gregory Douglass, Native American United Methodist Church Flaq Salute: Council Member Kris Murray City Council Minutes of April 30, 2013 Page 2 of 9 Presentations: Recognizing recipients of the 2012 Girl Scout Gold Award Gina McGee announced the Girl Scouts of Orange County served over 23,000 girls with a mission to build character and leadership abilities and making communities a better place in which to live. She introduced Linzy Harkins, one of nineteen girls receiving the Girl Scout Gold Award, the highest achievement possible in the organization. Ms. Harkins thanked council for honoring her efforts in making and distributing blankets and scarves for the homeless. Proclaiming May 14, 2013, as Crossing Guard Appreciation Day Belen Garcia, Adelaide Price Elementary School, thanked the city for hearing and responding to the Peer Assistance Leadership (PAL) request to honor crossing guards. She explained how the involvement of Price elementary students wishing to express their appreciation to crossing guards for their service came about and congratulated those students on setting and reaching their goal. Recognizing Anaheim Band Instruments for 32 years of business Todd Richardson announced David and Diane Brown began the Anaheim Band Instruments, as brass and woodwind specialists 32 years ago and enjoyed continued success with its many varied customers and patrons regionally as well as globally. ACCEPTANCE OF OTHER RECOGNITIONS (To be presented at a later date): Recognizing Anaheim Released Time Christian Education on their 70 Anniversary Proclaiming May 2013, as Water Awareness Month At 5:35 P.M., the Anaheim Housing Authority was called to order (in joint session with the Anaheim City Council). ADDITIONS /DELETIONS TO THE AGENDAS: None PUBLIC COMMENTS (all agenda items): Marcus Gonzales, Orange County Human Relations, provided council with an update on the role his agency played in the Anaheim community as well as copies of their annual report. He delivered statistics related to 702 cases occurring in Anaheim this year including the Youth Bridges to Violence Prevention program, youth summer camp activities for those at risk as well as other programs, and activities designed to assist with tense relations countywide. Cecil Jordan Corcoran, Outreach Homeless Ministries, updated council on the publishing of his overview of the bible. Debra Ashby, SCAQMD, announced the agency's 25 Clean Air Awards, asking the city and community to submit names of individuals or businesses for special recognition by early July. She also indicated the electric lawn mower exchange was underway wherein Anaheim residents had an opportunity to exchange gas mowers for cordless electric mowers. Specifics for both programs were available on the www.AQMD.gov website. City Council Minutes of April 30, 2013 Page 3 of 9 Dorothy Rose, Orange County Symphony, remarked Anaheim Band Instruments was one of the first symphony sponsors and had continued their generous support throughout the years. She also announced the next concert scheduled for May 19 entitled Symphonies for Bands featuring wind instruments, and urged the community to attend. An unidentified male requested a meeting with staff to discuss serious issues occurring in his neighborhood. Mayor Tait suggested he and the City Manager meet with this resident to discuss his concerns. Carol Latham reported the Anaheim Arts Council was holding its quarterly Art Crawl on May 11 featuring live artists, music, food and exhibits. She also announced the WAND BBQ to be held at Twila Reid Park on May 17 Gigi Fusco Meece encouraged the community to visit www.apacf.org to learn about upcoming events benefitting the Anaheim Performing Arts Council foundation. Jane Jones, Anaheim Equestrian Center, supported the city's Outdoor Connectivity Plan thanking all those involved in creating the Plan and encouraging outdoor programs for both youths and adults. James Robert Reade offered his opinion on alleged gang members and their specific activities. William Fitzgerald, resident, voiced his opinion on the effects of Disneyland fireworks and submitted copies of an article from UCI re: CHOC breath mobile activities. Juvie Pinedo, a property owner of 2.7 acres in Anaheim which contained easement access on 875 South Swallow Way adjacent to the Anaheim golf course, stated he recently noticed Oak Canyon Nature Center had installed new hiking trail signs on his property. He announced he was going on record to grant the City of Anaheim public hikers and the Oak Canyon Nature Center the temporary right to pass by his permission subject to his control per California Civil Code Section1008. Mayor Pro Tern Eastman requested the city manager discuss this matter with Mr. Pinedo and inform council of that discussion. A woman who wished to remain anonymous and had recently moved to a West Guinida Lane apartment explained her fear when a police helicopter hovered over her apartment on April 2nd and spotlighted her patio as she and her children were moving into her apartment. She felt the need to address council should any harm come to her or her children by living on Guinida Lane Mayor Tait requested the speaker meet with the city manager and discuss her concerns and then inform council on the results of that meeting. Genevieve Huizar voiced a number of concerns she had regarding city council members and city staff and urged investment be made in low income neighborhoods in Anaheim to offer programs and services for children at risk. Michael Buss, Anaheim Arts Council, announced the annual children's festival to be held on the Center Street Promenade to celebrate the arts on May 18 ", urging the community to take part in this day of celebration for the children of Anaheim. An unidentified man read from an Orange County Register editorial related to offering special favors to developers in the pursuit of economic growth and development. Instead of political City Council Minutes of April 30, 2013 Page 4 of 9 political favoritism, the editorial recommended Anaheim consider a citywide incentive plan for new development be created to address future development. Joanne Sosa, ESCRI, invited all to attend the Voices of the Community forum to be held at St. Anthony's Church on May 6' This forum would provide an opportunity for the community to bring issues forward after the civil unrest that occurred in Anaheim last summer and to discuss changes or propose solutions. German Santos, resident, felt his civil rights and reputation had been violated by the police agencies of Anaheim, Garden Grove, Orange County Sheriff and the FBI, Los Angeles Division, asking why this occurred to an Hispanic man working on police engineering projects for Bogota, Columbia in a business located in Stanton. At 6:18 P.M., Mayor Tait briefly recessed the City Council meeting to consider the Housing Authority agenda, reconvening council session at 6:23 P.M. CONSENT CALENDAR: Mayor Tait indicated there was a potential conflict of interest with Item Nos. 6, 10, 12 and 14 as his firm had worked with R.J. Noble Company, Orange County Water District, and Orange County Transit Authority, the parties involved in those items and he would therefore record an abstention as his vote. Council Member Kring then moved to waive reading in full of all ordinances and resolutions and to adopt the consent calendar as presented, in accordance with reports, certifications and recommendations furnished each city council member and as listed on the consent calendar, seconded by Mayor Pro Tern Eastman. Roll Call Vote: Ayes — 5: (Mayor Tait and Council Members: Brandman, Eastman, Kring and Murray.) Noes — 0. Motion Carried. B105 2. Receive and file minutes of the Library Board meeting of March 11, 2013 and Budget, Investment and Technology meeting of December 12, 2012. D117 3. Approve the Investment Portfolio Report for March 2013. 4. Determine, on the basis of the evidence submitted by BRE Properties, Inc., that the property owner has complied in good faith with the terms and conditions of Development AGR- 3504.1 Agreement No. 2010 -00004 for the 2012 review period for the Park Veridian II and III project in the Platinum Triangle. 5. Award the contract to the lowest responsible bidder, C.C. Myers, Inc, in the amount of $4,367,000 for the Katella Avenue Improvements at 1 -5 project and authorize the AGR -7562 Finance Director to execute the Escrow Agreement pertaining to contract retentions. 6. Award the contract to the lowest responsible bidder, R.J. Noble Company, in the amount AGR -7563 of $1,764,803.15, for the Sunkist Street Improvements from Cerritos Avenue to 100' south of Tryon Street and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. Mayor Tait recorded an abstention on this item item as his firm had worked with R.J. Noble Company.. Roll Call Vote: Ayes — 4: (Mayor Pro Tern Eastman and Council Members: Brandman, Kring and Murray). Noes — 0. Abstention — 1: Mayor Tait. Motion to approve carried. City Council Minutes of April 30, 2013 Page 5 of 9 7. Accept the low bid of Thatcher Company of California, in the amount of $125,910, for D180 supplying liquid alum to the Public Utilities Department, Water Field Operations Division, for a one year period, with four one -year optional renewals, and authorize the Purchasing Agent to exercise the renewal options, in accordance with Bid # 7881. 8. Approve and authorize the Planning Director to execute the Second Amendment to AGR- 7053.A.2 Agreement with Jon S. Traw, P.E., in the amount of $92,500, for consulting services for the Planning Department. 9. Approve a Memorandum of Understanding with the Anaheim Union High School District AGR -7564 pertaining to the deferral of collection of residential development impact fees from building permit issuance to issuance of a Certificate of Occupancy or final inspection. 10. Approve a Memorandum of Understanding with Orange County Water District to enter AGR -7565 into a partnership and begin planning the development of recreational improvements at Five Coves. Mayor Tait recorded an abstention on this item as his firm has worked with Orange County Water District.. Roll Call Vote: Ayes — 4: (Mayor Pro Tem Eastman and Council Members: Brandman, Kring and Murray). Noes — 0. Abstention — 1: Mayor Tait. Motion to approve carried. 11. Approve an agreement with Ferrellgas, LP authorizing Ferrellgas to sell propane gas at AGR- 5225.A the Convention Center and in lieu of rent, pay a commission to the City in an amount equal to 15% of gross billings from all propane sold on site. 12. Approve Amendment No. 2 to Cooperative Agreement No. C -9 -0448 with the Orange County Transportation Authority to increase the overall budget of the Anaheim Regional AGR - 5707.2 Transportation Intermodal Center through the addition of federal grant funds and to specify funding eligibility requirements. Mayor Tait recorded an abstention on this item as his firm worked with the Orange County Transportation Authority. Roll Call Vote: Ayes — 4: (Mayor Pro Tem Eastman and Council Members: Brandman, Kring and Murray). Noes — 0. Abstention — 1: Mayor Tait. Motion to approve carried. 13. Approve three grant deeds for property located at 5650, 5700 and 5710 East La Palma Avenue, conveying to the State of California, the City's right and title interest in and to P124 previously acquired real property along Imperial Highway for the Imperial Highway Smart Street project. 14. Authorize an appropriation amendment, in the amount of $1,900,000, to the Public D182 Utilities Department's fiscal year 2012/13 Water Supply Budget. Mayor Tait recorded an abstention on this item as his firm worked with the Orange County Water District. Roll Call Vote: Ayes — 4: (Mayor Pro Tem Eastman and Council Members: Brandman, Kring and Murray). Noes — 0. Abstention — 1: Mayor Tait. Motion to approve carried. City Council Minutes of April 30, 2013 Page 6of9 15. Adopt a list of recurring annual recognitions and proclamations to be issued for the D116 remainder of the calendar year, accordingly. 16. RESOLUTION NO. 2013 -057 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ratifying the submission of a grant application on behalf of the City of Anaheim to the California Emergency Management Agency for the fiscal year 2012 Anti -Human Trafficking Task Force Grant, authorizing the Anaheim Police Chief to D160 execute all required grant documents, and authorizing the acceptance of such grant on behalf of the city and amending the budget for fiscal year 2012 -13 accordingly. 17. RESOLUTION NO. 2013 -058 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM accepting certain deeds conveying to the City of Anaheim D124 certain interests in real properties (City Deed Nos. 11522, 11551, 11552, 11553, 11554, 11564, 11565, 11566, 11567 & 11568). 18. RESOLUTION NO. 2013 -059 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM accepting certain deeds conveying to the City of Anaheim D124 certain real properties or interests therein (City Deed Nos. 11556, 11557, 11558, 11559, 11560, 11561 & 11563). 19. RESOLUTION NO. 2013 -060 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM vacating a portion of a public service easement located at Pilo 2035 South Harbor Boulevard pursuant to California Streets and Highway Code, Section 8330, et seq. - Summary Vacation (Abandonment No. 2013 - 00267). 20. RESOLUTION NO. 2013 -061 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM temporarily closing a portion of Dakota Street at Eaton Place to D175 vehicular traffic for purposes of traffic control. 21. RESOLUTION NO. 2013 -062 A RESOLUTION OF THE CITY COUNCIL OF D175 THE CITY OF ANAHEIM ratifying and approving the action of the Public Works Director, or her designee, in submitting grant application and entering into an agreement on behalf of the City of Anaheim with the State of California, through the Proposition 84 Stormwater grant program, and in accepting such grant funds on behalf of the city and approving inclusion of such funds in the respective budgets for fiscal year 2012 -2013. 22. RESOLUTION NO. 2013 -063 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving and adopting the Labor Compliance Program for D150 Proposition 84 funded Public Works projects. 23. RESOLUTION NO. 2013 -064 A RESOLUTION OF THE CITY COUNCIL OF D150 THE CITY OF ANAHEIM approving and adopting the City of Anaheim Outdoors Connectivity Plan. 24. ORDINANCE NO. 6275 (INTRODUCTION) AN ORDINANCE OF THE CITY OF M142 ANAHEIM amending Ordinance No. 6235, relating to a pilot program for the operation of a self - service bicycle sharing system within the City of Anaheim (Previously introduced at Council meeting of April 16, 2013, Item No. 21). City Council Minutes of April 30, 2013 Page 7 of 9 25. ORDINANCE NO. 6276 (INTRODUCTION) AN ORDINANCE OF THE CITY M142 COUNCIL OF THE CITY OF ANAHEIM amending Chapter 14.40 of Title 14 of the Anaheim Municipal Code relating to speed limits on city streets. END OF CONSENT CALENDAR: 26. Authorize the Public Utilities Department to utilize proceeds from the Revolving Credit Agreement with Wells Fargo Bank, National Association up to eight times per year in years 2013, 2014, and 2015, in an amount not to exceed $20 million each year, to be paid back each year, for purposes of providing the required financial security for D182 participation in the quarterly Cap and Trade Program carbon allowance auctions and the quarterly Cap and Trade Program reserve allowance sales held by the California Air Resources Board. Mayor Tait declared a potential conflict of interest on this item as his firm held a line -of- credit banking relationship with Wells Fargo, and exited the dais at 6:28 P.M. Mayor Pro Tern Eastman requested a staff report. Marcie Edwards, General Manager, remarked the Utilities Department had recently received council authorization to execute an agreement with Wells Fargo for a letter of credit and before funds were drawn from that letter of credit, Council authorization was required for the draw. On this agenda, she reported, staff requested authorization to draw on this letter of credit up to eight times per year for the years of 2013, 2014 and 2015 in order to provide the collateral required for the department's participation in the Cap and Trade Program. She added, no more than a total of $20 million per year would be drawn on the letter of credit with each draw to be paid back within 12 months. Providing background on the Cap and Trade Program, Ms. Edwards explained the California Air Resources Board (CARB) provided most of the emission allowances needed to meet compliance requirements at no cost with the proviso they may only be used for electricity sold directly to Anaheim's customers (for retail electricity). She added the Department also sold electricity in the wholesale market, in addition to electricity sold directly to customers, and was not allowed to use the free emission allowances in this instance and was therefore, required to purchase those emission allowances for wholesale electricity. Emission allowances, she further explained, were available for purchase in secondary markets such as on exchanges or from other entities that had allowances or from the Cap and Trade Allowance Auctions and Reserve Sales. While Anaheim might use any of these options to purchase the allowances, she emphasized the auctions and reserve sales were a cost effective way to purchase the allowances and for that reason, was a desirable option for the Utilities Department. Because the auctions and reserve sales were held quarterly, staff also requested authorization to draw on the letter of credit up to eight times per year; that is, four times for the auctions and four times for reserve sales. All funds drawn from the letter of credit, she again emphasized, would be repaid within 12 months through the recovery of the money from the wholesale sales of electricity and at no time, could more than $20 million be drawn in any 12 month period, nor would the outstanding balance on the letter of credit exceed $20 million for this purpose. Ms. Edwards pointed out the Cap and Trade program regulations required that information on participation as well as auction strategy remain strictly confidential to insure the integrity of the carbon allowance market and to minimize opportunities for the market to be manipulated. The City Council Minutes of April 30, 2013 Page 8 of 9 confidentiality requirements covered the release of very basic information including whether or not Anaheim would even participate in any given auction as well as the number of allowances sought to purchase that option. In order to not release information that would reveal the City's intent or whether or not it would participate in any particular auction, Ms. Edwards remarked this request was framed to cover all of the carbon allowance auctions and reserve sales that would cover the three year life of the letter of credit agreement. This request also did not identify a specific amount but identified the amount it was not to exceed ($20 million each year), which she pointed out, could be far less than that amount. She ended her presentation commenting this process insured the bid strategy in any given auction and reserve sale remained confidential. Council Member Brandman indicated he was on the Public Utilities Board when this program was discussed, and was supportive of this effort which would hold costs down while enabling the city to meet new state requirements for AB32. Council Member Murray thanked staff for coming forward with a portfolio of options that aggressively gets the City to renewables but also provided innovative financing solutions to help keep rates as low as possible. Council Member Kring moved to approve Item No. 26, seconded by Mayor Pro Tern Eastman. Roll Call Vote: Ayes — 4: (Mayor Pro Tern Eastman and Council Members: Brandman, Kring and Murray.) Noes — 0. Abstention — 1: Mayor Tait. Motion Carried. Mayor Tait returned to the dais at 6:36 P.M. REPORT ON CLOSED SESSION ACTIONS: Michael Houston, Interim City Attorney, reported on Item Nos. 02 and 03: City Council appointed Marcie Edwards as Interim City Manager effective May 1 (Vote: 4 -1) (City Clerk notes: per Interim City Attorney who attended closed session, the dissenting vote was Mayor Tait) and selected the firm Ralph Anderson and Associates to conduct the search for the City Manager position (City Clerk note: unanimous). COUNCIL COMMUNICATIONS: Council Member Brandman commended Anaheim Band Instruments for their years of business, spoke about his participation in Youth in Government Day welcoming students throughout the city to learn about local government in action. He also reminded the community of the upcoming 7 th Annual Health Fair to be held at Magnolia High School and thanked Bob Wingenroth for his service to City exemplifying integrity and demonstrating the importance of adhering to best practices. Lastly he requested this meeting be adjourned in memory of Chris Jarvi, retired Community Services Director, Harold Bastrup, former Anaheim Police Chief, and Norm Nowell, of Makena Properties and Anaheim Sports Center Management. Council Member Murray highlighted her student from Youth in Government Day, Nathaly Basto Camargo, who founded a community service organization that inspired low- income Hispanic Americans students to become leaders through academic achievement. Council Member Murray also announced the following upcoming events: Cinco de Mayo Fiesta to held May 2 -5, Orange County Family Justice Center Foundation fundraiser on May 2 "d , and the WAND Barbecue, Fire Service Day, and Taylor Memorial 5K Run/Walk all scheduled to take place on May 11 She expressed her condolences to the family of Chris Jarvi, retired Community Services Director and Harold Bastrup, former Police Chief. City Council Minutes of April 30, 2013 Page 9 of 9 Mayor Pro Tem Eastman recognized volunteers David and Diane Browne, ABI owners who consistently offered assistance to many families who could not afford instruments throughout their tenure in Anaheim. She also highlighted the accomplishments of Harold Bastrup, former Police Chief, and expressed her condolences to his family. Council Member Kring spoke about her participation in Youth in Government Day and announced the Tip -a -Cop fundraiser slated for May 2nd at Bubba Gump Shrimp. She spoke of her attendance at the dedication of the Anaheim Police monument to honor for three fallen officers who died in the line of duty in Anaheim. She also attended the ground breaking of John Marshall Elementary School to be completed and open for students around January 2015. She thanked Bob Wingenroth for his service to the City and expressed her condolences to the families of Chris Jarvi, retired Community Services Director and Harold Bastrup, former Police Chief. Mayor Tait thanked Bob Wingenroth for his service to the City and concurred that the meeting should be adjourned in memory of the individuals named. Mayor Tait then read a statement expressing his disagreement to an editorial written by Council Member Murray in the Orange County Register, Thursday, April 25, 2013, regarding district elections. He stated the editorial was inaccurate and untrue and believed that it was his duty as Mayor to speak up when he feels the people of Anaheim are not receiving correct information. He provided that Council Member Murray misstated AB1344 and rebutted her comments providing his interpretation of the Government Code and referencing the City of Santa Ana's recent charter amendment, absent two public hearings, and requested she retract her statement. ADJOURNMENT: At 7:03 P.M., Mayor Tait adjourned this meeting in memory of Chris Jarvi, retired Community Services Director; Harold Bastrup, former Police Chief; and Norm Nowell, Makena Properties and left the dais. Council Member Brandman inquired of the Interim City Attorney whether Mayor Tait's statement could be debated or discussed with Mr. Houston replying discussion would not be appropriate, however, Council Member Murray could respond under a point of personal privilege. Council Member Murray, speaking as a point of personal privilege, stated she sought and received legal advice before taking an opportunity extended by the Orange County Register to provide a contrary opinion on the subject of engaging citizenry for major ballot proposals and stood by her editorial response. Mayor Pro Tem Eastman adjourned the meeting. esp tfully submitted, Linda N. Andal, CMC City Clerk