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2013/12/10ANAHEIM CITY COUNCIL REGULAR MEETING OF DECEMBER 10, 2013 The regular meeting of December 10, 2013 was called to order at 3:05 P.M. in the chambers of Anaheim City Hall. The meeting notice, agenda and related materials were duly posted on December 6, 2013. PRESENT: Mayor Tom Tait and Council Members: Jordan Brandman, Gail Eastman, Lucille Kring and Kris Murray. STAFF PRESENT: City Manager Marcie Edwards, City Attorney Michael Houston and City Clerk Linda Andal. ADDITIONS /DELETIONS TO CLOSED SESSION: None PUBLIC COMMENTS ON CLOSED SESSION ITEMS: William Fitzgerald, Anaheim Home, addressed Item No. 1 on the closed session agenda, stating that in his opinion the significant legal fees associated with Moreno vs. the City of Anaheim were a waste of taxpayers' money as there was no legal basis upon which the city could win this litigation. Regarding Item No. 2, Angels Baseball, he proffered a number of allegations against city council members and their involvement in the negotiation process. At 3:08 P.M., 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: Moreno et al. v. City of Anaheim, Orange County Superior Court Case No. 2012- 00579998 2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Subdivision 54956.8 of the California Government Code) Property: 2000 East Gene Autry Way, Anaheim, CA (Angels Stadium of Anaheim) Agency Negotiator: Tom Morton Negotiating Parties: Angels Baseball, LP, City of Anaheim Under Negotiation: Price and Terms of Payment Regarding Lease 3. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure total litigation pursuant to Subdivision (d) (2) of Section 54956.9 of the Government Code. Liability Claim of Lynda Carlos. 4. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Subdivision (d)(1) of Section 54956.9 of the California Government Code) Name of Case: Wilson v. City of Anaheim, Orange County Superior Court Case No. 2012- 00614516 5. CONFERENCE WITH LABOR NEGOTIATORS (Subdivision (a) of Section 54957.6 of the Government Code) Agency Designated Representative: Kristine Ridge, Jason Motsick City Council Minutes of December 10, 2013 Page 2 of 9 Name of Employee Organizations: International Brotherhood of Electrical Workers, Local #47, Anaheim Municipal Employee Association (AMEA) General Employees and Clerical Employees and Teamsters, Local #952 At 5:04 P.M., the city council session was reconvened for consideration of the remaining agenda items. INVOCATION: Pastor Bartel, Sunkist Community Church FLAG SALUTE: Council Member Kris Murray PRESENTATIONS: Recognizing Felipe Perez for his Act of Kindness Mayor Tait related Felipe Perez's Act of Kindness, stating a 90 -year old gentleman had inadvertently left an envelope containing $5,000 in cash at an Anaheim restaurant. A restaurant employee, Mr. Perez, found the envelope and turned it into the restaurant management who then returned the funds to the owner. Both Mayor Tait and Interim Police Chief Quezada thanked Mr. Perez for exhibiting integrity, honor and character in his everyday life. Recognizing the winners of the Anaheim Beautiful Holiday Lights Contest Sandra Sagert introduced and recognized the winners in seven distinct categories, remarking photographs and locations were available on the city's website for any interested persons (Best Commercial: Randy and Terri Vayda; Best Display of Lights: Luanne van Hunnik; Best Community Spirit: The Rock Church; Most Inspirational: The Kushner Family; Most Unique: Sergio an Diana Martinez; Most Traditional: Isabel Carrera and Cesar Bedolla; and Best Animation: Gilbert and Lucy Cobas). ACCEPTANCE OF OTHER RECOGNITIONS (To be presented at a later date): Proclaiming December 10, 2013, as Human Rights Day Dr. Rebecca Maloney and Brook Weitzman, Orange County Human Rights Agency, appreciated the City's support of human rights and looked forward to working collaboratively on any issues or topics of concern in the future. ADDITIONS /DELETIONS TO THE AGENDA City Clerk Linda Andal requested Item Nos. 5, 13, and 18 deleted from the agenda advising that staff would return at a future date. With no objection from council, Mayor Tait indicated Item Nos. 5, 13, and 18 would be removed from the agenda to be considered at a future date. PUBLIC COMMENTS (all agenda items): Cecil Jordan Corcoran explained the process he was undertaking related to the teachings of the bible. Daniel DeMeyere addressed the Brookhurst /Katella Street Widening project and its impacts to his neighborhood identifying specific complaints against the contractor and his concern that the street could not sustain trucks weighing 60,000 pounds or more. Mayor Tait responded that all residents should be treated with respect by city contractors, asking the city manager to look into the issues raised and advise Mr. DeMeyere of the outcome, adding that he might not get the City Council Minutes of December 10, 2013 Page 3 of 9 answer he sought, but would come away with an understanding of what the project entailed and its present status. Kurt Brunner, West Anaheim resident, also raised concerns on the Brookhurst project, adding that residents were given no notification about the project nor notice of when construction would commence which was extremely disruptive to the neighborhood. He felt the design was flawed as it forced residents to travel additional distances for ingress or egress from the neighborhood and he was especially concerned that emergency vehicles would now take longer to access his street. He felt the project would harm property values and quality of life and asked the city for assistance. Mayor Tait remarked the City Manager would contact Mr. Brunner and follow up on his concerns. William Fitzgerald objected to the city's support of religious organizations by providing $7,500 for the opening celebration of a church in Anaheim Hills, as well as support for the Muslim EID festival. Wally Courtney appreciated the city taking steps to order a professional appraisal for the Stadium property and for seeking to provide a better understanding of valuations versus appraisals. He remarked that MAI appraisers would give the city a value for the property with and without a tenant and those figures could then be used to determine a fair and equitable lease for Angels Baseball. James Robert Reade identified alleged drug trafficking gang members and their relatives in Anaheim, asking that a federal task force be deployed to stop traffickers coming to the U.S. through Baja, California. Jay Burress, Anaheim /Orange County Visitors and Convention Bureau, thanked the city for its vision in creating a tourist destination in Anaheim, adding that last year tourism had been a real success particularly in Anaheim as well as Orange County. For the Convention Center alone, more than $20 billion had been generated since it was established in the 1960's. He asked council to continue to support tourism adding that the American Heart Association, a high -end convention, was now scheduled to come to Anaheim as a result of that expansion. Donna Acevedo remarked her neighborhood was targeted for revitalization, asking when the residents were going to hear about the plans and wondering if the aggressive eviction occurring there was part of the plan. She also understood that Paul Revere Park was now going to be built and wondered how the city suddenly had $602,000 to spend when previous remarks indicated there were no funds for that project. She asked if that park was part of the revitalization effort for that neighborhood and whether the recent Orange County Weekly article was correct. COUNCIL COMMUNICATIONS: Council Member Murray, addressing Ms. Acevedo's comments, stated that the policy council adopted to require landlords to rent and maintain healthy and safe environments had nothing to do with Paul Revere Park and the ordinance itself wouldn't return for a second reading until January. She asked the city manager to address the questions that were raised and clear up this misconception. Marcie Edwards, City Manager, responded that any evictions occurring were the result of issues between landlord and tenant and nothing to do with the city or with the rental housing quality City Council Minutes of December 10, 2013 Page 4 of 9 program. Regarding Paul Revere Park, she stated the City received additional funding earmarked for the park for the purpose of enhancing service to the community. Mayor Tait suggested that a community meeting to inform the public about the park would be helpful, asking that it be scheduled. Council Member Murray added she would like to see information on the rental quality housing program and the formal ordinance that would be considered in early 2014 be shared with the community as well. Council Member Kring corrected earlier statements made by William Fitzgerald. The $7,500 from the city was not for the opening of the Influence Church, but instead was for the tree lighting ceremony at the east -end of the City. Now, she remarked there were three tree lighting ceremonies, one in Twila Reid Park, one in the downtown area on Center Street, and the new one in the Hill area, supported by the City on a 5 -0 vote. The EID ceremony, referred to by Mr. Fitzgerald, was to support a festival after Ramadan, also approved by a 5 -0 vote. Council Member Murray informed the city on action taken on December 9 by Orange County Water District (OCWD) on a 6 to 4 vote to lease land for a private power generating facility at Ball Road Basin. She pointed out this area was near one of Anaheim's oldest communities and close to its commercial district on land currently zoned as open space. She thanked the Anaheim residents who attended the late meeting and the Orange County state legislative delegation who signed a joint letter opposing the action being considered. She pointed out it was made clear that Anaheim was not opposed to power generation and in fact offered two other locations zoned industrial and permitted for this purpose by the California Energy Commission and AQMD. She added that even Southern California Edison, as the entity that would be receiving proposals from around the region for this proposed facility, had not classified this land as "high value" or even "medium value" for the purpose of backfilling the power that was lost with the San Onofre closing. She then requested the city manager to bring forward a resolution at the next meeting stating council's position that if a Special District such as OCWD sought to lease, sell or develop property within Anaheim city limits, they should be subject to the City's planning process to insure orderly and consistent development with the surrounding community and uses. She requested the resolution also express the policy of the city council that representatives appointed by this council who might sit on this Special District body, communicate the positions expressed in the resolution to the Special District for broader actions the Board might consider in the future. Council Member Murray added that other cities might take this step as well because of the unprecedented action taken by OCWD that no feasibility or environmental impact studies were performed, and not one public hearing involving the residents of Anaheim or Orange, who would be impacted by their action, was a part of this decision. She ended her comments by thanking those members of the OWCD board who voted against the power plant site and looked forward to working with the agency to continue what had always been a collaborative working relationship. Ms. Murray also requested a closed session item be scheduled at the next meeting as well to provide all legal options available to the city to protect this land going forward. Related to Angels Baseball, Council Member Murray stated there was a great deal of misinformation occurring which had an impact on the negotiation process and on the Anaheim community. She was concerned that the council and the public had not yet been provided details about what the Angels intend to offer as benefits to the city which could be shared with the community at large. She stated the MOU's were drafted in a transparent manner to begin good faith negotiations and it was important that the gesture be reciprocated with a progress report on where the city was in the process and assurances that the final agreement would be mutually beneficial. She indicated she would not support any final agreement that was not in City Council Minutes of December 10, 2013 Page 5 of 9 the best interests of Anaheim residents and taxpayers and expected to see a definitive progress report that clearly outlined the financial benefit to the city. She also asked that staff develop a series of public workshops to update the community on the negotiations and to solicit additional ideas from interested persons. City Manager Marcie Edwards announced that there was no longer a need to carry forward an urgency ordinance relating to hookah bars, as requested by Mayor Pro Tem Eastman at a previous council meeting. CONSENT CALENDAR: Mayor Pro Tem Eastman removed Item No. 3 from the consent calendar for further discussion. Mayor Tait declared he would abstain from voting on Item Nos. 6 as his firm had done work with Southern Counties Oil and Item Nos. 9, 10, 15, and 17 as he firm had worked with OCTA. Council Member Kring then moved to waive reading in full of all ordinances and resolutions and to adopt the balance of 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 Council Member Eastman. Roll Call Vote: Ayes — 5: (Chairman Tait and Council Members: Brandman, Eastman, Kring and Murray.) Noes — 0. Motion Carried. B105 1 Receive and file minutes of Parks and Recreation meetings of August 28, 2013 and September 25, 2013, Sister City Commission meetings of September 23, 2013 and October 28, 2013 and Public Utilities Board meeting of October 23, 2013. 2. Appoint Amy Olson to the Anaheim Workforce Investment Board representing business, 6105 to a four -year term ending December 8, 2017. 4. Award the contract to the lowest responsible bidder, Fueling and Service Technologies, Inc., in the amount of $762,636, for the construction of the Compressed Natural Gas AGR -7905 Facility and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. 5. Approve and authorize the Director of Community Services, or his designee, to execute and administer a Lease Agreement with the Anaheim Family YMCA for the Ross Park Expansion Project. This item was removed from the agenda at the request of staff. 6. Accept the low bid from Southern Counties Oil Co., in an amount not to exceed $3,021,587, for the purchase of as- needed fuel for Public Works, Fleet Services Division D180 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 # 8056. Mayor Tait abstained on this item due to a potential conflict of interest. Motion by Council Member Kring to approve, seconded by Mayor Pro Tem Eastman. Roll Call Vote: Ayes — 4: (Mayor Pro Tem Eastman and Council Members: Brandman, Kring and Murray.) Noes — 0. Abstention — 1: Mayor Tait. Motion Carried. 7. Accept the low bid of Badger Meter, Inc., in the amount of $276,958.44 including tax, for D180 the as- needed purchase of water meters for the Utilities Department 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 # 8055. City Council Minutes of December 10, 2013 Page 6 of 9 8. Waive the sealed bid requirement of Council Policy 4.0 and authorize the Purchasing Agent to issue purchase orders to the State of California, Office of Emergency Services D180 and FLIR Systems, Inc., in the amounts of $761,670 and $108,130, respectively (plus applicable taxes), for an airborne, high definition color and thermal imaging camera system and extended warranty for the Police Department. 9. Approve the Purchase and Sale Agreement and Grant Deed with SCEL Properties, LLC, in the amount of $160,044.42, for the purchase by SCEL Properties of remnant city AGR -7906 property located at 1792 South Camrose Street. Mayor Tait abstained on this item due to a potential conflict of interest. Motion by Council Member Kring to approve, seconded by Mayor Pro Tem Eastman. Roll Call Vote: Ayes — 4: (Mayor Pro Tem Eastman and Council Members: Brandman, Kring and Murray.) Noes — 0. Abstention — 1: Mayor Tait. Motion Carried. 10. Approve the Purchase and Sale Agreement and Grant Deed with SCEL Properties, LLC, AGR -7907 in the amount of $167,605.58, for the purchase by SCEL Properties of remnant city property located at 1793 South Camrose Street. Mayor Tait abstained on this item due to a potential conflict of interest. Motion by Council Member Kring to approve, seconded by Mayor Pro Tem Eastman. Roll Call Vote: Ayes — 4: (Mayor Pro Tem Eastman and Council Members: Brandman, Kring and Murray.) Noes — 0. Abstention — 1: Mayor Tait. Motion Carried. 11. Approve the Second Amendment to Agreement with Kreuzer Consulting Group increasing the contract amount by $140,000 for a total not to exceed amount of AGR - 5951.2 $700,000 for the Brookhurst Street Widening Project from Katella Avenue to Ball Road. 12. Approve and authorize the City Manager to execute and administer the Workforce Investment Act Subrecipient Agreements with North Orange County Regional AGR - 6020.6 Occupational Program ( NOCROP) and Orange County Conservation Corps. (OCCC) that will provide NOCROP up to a maximum of $442,146 and OCCC up to a maximum $304,903 to implement comprehensive youth services programs through June 30, 2014 13. Approve and authorize the Public Utilities General Manager to execute and take the necessary actions to implement and administer the Renewable Power Purchase and Sale Agreement, and any related documents or agreements including but not limited to, a collateral assignment agreement, with Westside Assets, LLC. This item was removed from the agenda at the request of staff. 14. Approve and authorize the Public Utilities General Manager to execute and take the necessary actions to implement and administer the Second Amendment to Agreement, AGR- 5106.2 and any other related documents, with KUBRA America West, Inc., in the not to exceed amount of $350,000, for electronic utility bill presentment and payment services for an additional three years. 15. Approve and authorize the Public Utilities General Manager to execute and take the necessary actions to implement and administer a Utility Agreement, and any related AGR -7908 documents, with the Orange County Transportation Authority for the undergrounding of electric utility facilities near Commercial Street and authorize the Public Utilities General City Council Minutes of December 10, 2013 Page 7 of 9 Manager to approve and execute amendments to the insurance and indemnity provisions of the master construction agreement, previously approved on August 21, 2012, for electric utility construction, maintenance, repair, and immediate response projects so long as the Risk Manager determines the amendments to be in the City's best interest. Mayor Tait abstained on this item due to a potential conflict of interest. Motion by Council Member Kring to approve, seconded by Mayor Pro Tem Eastman. Roll Call Vote: Ayes — 4: (Mayor Pro Tem Eastman and Council Members: Brandman, Kring and Murray.) Noes — 0. Abstention — 1: Mayor Tait. Motion Carried. 16. RESOLUTION NO. 2013 -179 A RESOLUTION OF THE CITY COUNCIL OF P124 THE CITY OF ANAHEIM accepting certain deeds conveying to the City of Anaheim certain real properties or interests therein (City Deed Nos. 11531, 11532, 11533, 11537, 11538, and 11539). 17. RESOLUTION NO. 2013 -180 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM adopting the Measure M2 Expenditure Report and authorizing D175 the City of Anaheim Finance Director to sign and submit the Expenditure Report to the Orange County Transportation Authority on behalf of the City of Anaheim. Mayor Tait abstained on this item due to a potential conflict of interest. Motion by Council Member Kring to approve, seconded by Mayor Pro Tem Eastman. Roll Call Vote: Ayes — 4: (Mayor Pro Tem Eastman and Council Members: Brandman, Kring and Murray.) Noes — 0. Abstention — 1: Mayor Tait. Motion Carried. 18. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the Director of Public Works or designee to submit three improvement project(s) grant applications to the Orange County Transportation Authority for funding under Project O - The Regional Capacity Program under Measure M2 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. This item was removed from the agenda at the request of staff. 19. RESOLUTION NO. 2013 -181 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the sale of certain city owned properties located at P109 1773 South Caroleen Lane and 1772 South Ranier Court and 1773 South Ranier Court and 1772 South Gardenaire Lane (APNS 127 - 612 -38, 127 - 612 -25, 127 - 612 -24, 127- 612-11). D114 20. Approve minutes of Council meetings of October 22, 2013. END OF CONSENT CALENDAR: 3. Award the contract to the lowest responsible bidder, Alpha 1 Construction, in the amount AGR -7904 of $602,000, for the Paul Revere Park Project and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. Terry Lowe, Director of Community Services, remarked this item was to award a bid for construction of the Paul Revere Park and was the culmination of long -term planning efforts to City Council Minutes of December 10, 2013 Page 8 of 9 create a park in this neighborhood. He added that Paul Revere Park was only the working title at this point chosen because the school was directly adjacent to the park, but ultimately, the park's name would be up to the city council. Mr. Lowe reported this property was a half -acre site at Guinida Lane and Iris Street purchased through the use of Community Development Block Grant funds with construction costs funded by a state grant. A series of design meetings were held in which the public participated in a process to select the type of amenities to be placed in the park and included a volleyball court, exercise stations, gazebos and turf space; amenities the public requested and that would add value to the neighborhood as a community gathering place. He emphasized that all of the parks opened in the last ten years were flourishing and he believed it was because of the personal involvement of neighbors in designing their local parks and seeing the end result of their efforts. Public art was also an important component of all the facilities and in this particular case, the mosaic blocks depicting Paul Revere was designed by the children of this community in conjunction with an artist and would be featured at the entrance to the park. Mr. Lowe reiterated this item was to award the contract for construction of the park and would be overseen by the Public Works Department and recommended council approve the award. Mayor Pro Tern Eastman was familiar with the history of this park and how long it had been in the process and desired by the community and moved to approve Item No. 3, seconded by Council Member Murray. Roll Call Vote: Ayes — 5: (Mayor Tait and Council Members: Brandman, Eastman, Kring and Murray.) Noes — 0. Motion Carried. REPORT ON CLOSED SESSION ACTIONS: Kristin Pelletier, Senior Assistant City Attorney, reported Council approved a settlement agreement for item No. 4, Wilson v. City of Anaheim by unanimous vote. She noted this case addressed the transfer of funds from the water utility to the city's general fund and the agreement was a public record and would be made available upon request. In substance, she remarked, the city agreed to reimburse the water funds for a portion of the transferred funds, the amount of which would be dependent on whether the voters approve a fund transfer measure in 2014 and in addition, future fund transfers would continue if approved by the voters in 2014. COUNCIL COMMUNICATIONS: Mayor Pro Tern Eastman expressed her appreciation of city employees who generously donated their vacation hours to Sgt. Joe Tocco, allowing him to be home with his wife who was battling cancer. She read an email sent by Sgt. Tocco expressing his gratitude for the generosity he received from his City family. She spoke of her attendance at The Rock to discuss homeless issues with other faith -based organizations and how they could augment the City's efforts. She also attended the APWA luncheon in which Anaheim Public Works received three awards, the Anaheim Canyon Pedestrian Improvement Project, the Anaheim Convention Center Grand Plaza and the Public Works Working for You, a communication piece. Council Member Kring spoke of the We Give Thanks event at the Honda Center that fed about 18,000 people. She thanked the hundreds of volunteers who participated in this event with a special thanks to Frank Garcia and his family who had been hosting Thanksgiving for 27 years. She announced the three tree lighting ceremonies that took place in the city, and the Shop with a Cop program in which 50 underserved children in Anaheim were paired with a police officer and a $100 target gift card and searched for gifts for their families. She expressed her deep appreciation for the police volunteers who participated in this program. Lastly, she urged City Council Minutes of December 10, 2013 Page 9 of 9 residents to volunteer their time to wrap Christmas gifts for the Boys and Girls Club on December 23r Council Member Murray also addressed the need for volunteers for the Boys and Girls Club gift wrap event and discussed the USA Volleyball - Starlings Program in which 80 junior high girls came out to the American Sportscenter to participate in the first Starlings program. Ms. Murray also requested donations for the Public Libra 's subscription program and announced the Cat and the Hat Holiday Special on December 14 . Other upcoming events included The Rock's Christmas Musical, the Founder's Park Victorian Christmas, and the Orange County Choral Society's Holiday Carol on December 15 In response to Council Member Murray's previous communication, City Manager Marcie Edwards remarked that the December 17 council agenda would be finalized prior to the next negotiation meeting with the Angels and she did not believe a point of clarification would be reached before that time, asking Council Member Murray if there could be some flexibility to the timing of the progress report. Council Member Murray understood, asking that the update be provided as soon as possible to the community. Council Member Brandman spoke of Human Right's Day, of protecting and promoting the rights for all people as a universal mandate and especially significant as the memorial for Nelson Mandela coincided with this date. He thanked Council Member Murray for bringing forward the item regarding OCWD's decision on the Ball Road Basin Power Plant project and for her proposal to address that action, adding that he had also been on record as opposing the lease. He also thanked the board members who voted against the lease and the concerned residents, city leaders and city staff for their leadership and support of this effort. He also requested a proclamation be done honoring Superintendent Elizabeth Novak for her service as superintendent of the AUHSD, remarking she believed in the highest educational standards for all and was an exceptional educational administrator. Mayor Tait extended his thanks to staff and volunteers for the various tree lighting ceremonies and for Frank and Sally Feldhaus for getting this program started. He added one glitch occurred with getting the tree decorated in the downtown area and thanks to Public Works, Public Utilities and Fire Department staff, along with the use of a bucket truck, the tree was decorated in the nick of time. He also recognized Frank Garcia for his We Give Thanks event which now fed thousands of people on Thanksgiving Day, a remarkable feat for one man and his family to accomplish over the last 27 years. ADJOURNMENT: With no other business to conduct, Mayor Tait adjourned the December 10, 2013 council meeting at 6:31 P.M. R p tfully submitted, 6v� Linda N. Andal, CMC City Clerk