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2014/08/19ANAHEIM CITY COUNCIL REGULAR AND REGULAR ADJOURNED MEETING OF AUGUST 19, 2014 The regular meeting of August 19, 2014 was called to order at 3:00 P.M. in the chambers of Anaheim City Hall located at 200 S. Anaheim Boulevard and adjourned to 4:30 P.M. for lack of a quorum. The regular adjourned meeting was subsequently called to order at 4:36 P.M. by Mayor Tait. The meeting notice, agenda and related materials were duly posted on August 15, 2014. PRESENT: Mayor Tom Tait and Council Members: Jordan Brandman, Gail Eastman, Lucille Kring and Kris Murray. STAFF PRESENT: Interim City Manager Paul Emery, City Attorney Michael Houston and City Clerk Linda Andal. ADDITIONS /DELETIONS TO CLOSED SESSION: None PUBLIC COMMENTS ON CLOSED SESSION ITEMS: None At 4:37 P.M., Mayor Tait recessed the meeting to consider the closed session agenda. CLOSED SESSION: CONFERENCE WITH LABOR NEGOTIATORS (Subdivision (a) of Section 54957.6 of the California Government Code) Agency Designated Representative: Kristine Ridge & Jason Motsick Name of Employee Organizations: Teamsters, Local 952 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, Pacific Coast Investors, LLC, City of Anaheim Under Negotiation: Price and Terms of Payment Regarding Lease At 5:10 P.M., the council meeting was reconvened. INVOCATION: Pastor Gregory Douglass, Native American United Methodist Church FLAG SALUTE: Council Member Gail Eastman PRESENTATIONS: Honoring Frank and Sally Feldhaus for their significant community spirit and dedicated volunteer leadership in the City of Anaheim for more than 40 years Community Services Director Terry Lowe recognized Frank and Sally Feldhaus as inspiring and committed community leaders instrumental in the success of many Anaheim civic events: the Fall Festival and Halloween parade, the Nutcracker Christmas Tree Lighting event, the Flag Day celebration. In addition their support and participation included the Boys and Girls Club, the City Council Minutes of August 19, 2014 Page 2 of 7 Assistance League of Anaheim, the Kiwanis Club, and the 13 MEU adoption committee. Mr. Lowe announced a plaque honoring Frank and Sally Feldhaus would be installed on the Center Street Promenade circle, and renamed as Feldhaus Circle. ACCEPTANCE OF OTHER RECOGNITIONS (To be presented at a later date): Proclaiming September 2014 as Senior Center Month Gail Strachan accepted the proclamation on behalf of the Anaheim Senior Club, and invited interested persons to join with three city locations offering a wide range of activities for all. Madeline Jensen, Chair, added her appreciation for the city's recognition of the Anaheim Senior Club. Proclaiming September 2014 as World Alzheimer's Awareness Month Patty Mouton, Orange County Chapter of the Alzheimer's Association, along with Bev Harrison, Michael Sanchez and Michelle Laizure, remarked staff, volunteers, and board members for the Orange County Chapter were in the audience and appreciative of the chance to speak about this disease, which was the 4 th leading cause of death in Orange County. Several of the organization's members spoke to the importance of helping families through difficult times and the significance of the city's support. Recognizing the winners of the Anaheim Altrusa Club, Anaheim Public Library and Ponderosa Elementary School Creative Writing Contest ADDITIONS /DELETIONS TO THE AGENDA: None PUBLIC COMMENTS (all aaenda items): Cecil Jordan Corcoran, Outreach Homeless Ministries, offered his political viewpoint on the November elections, along with a reading from the scriptures. Dan DeMeyere requested a meeting with city staff to discuss the Brookhurst Street Improvement Project and the problems he had brought to the city's attention that were not yet resolved. If staff preferred, he added, a community meeting in which neighbors and retailers could air their concerns was another option. Michael Baker, Boys and Girls Club, thanked Frank and Sally Feldhaus who were an integral part of the success and growth of the Boys and Girls Club. He remarked summer was coming to an end and the facility on Beach Boulevard had been packed with kids and because of funding from ACT, he reported, another 150 youths had been served as five more priority neighborhoods were included in the programs. He announced the Beer/Wine Tasting fundraiser to be held at the Diamond Club at Angel Stadium on September 26 encouraging the community to attend William Fitzgerald offered his opinion on local politics, the November election and a recent court hearing and recommended the public review conflict of interest Form 700's for elected officials on the city's website, which he believed showed a relationship between Disney and Council Members who were also members of SOAR. James Robert Reade read posting from his website City Council Minutes of August 19, 2014 Page 3 of 7 Tsering Asola explained the ramifications of a fire that happened next to his storage unit and the resulting water damage caused to his unit and his inability to get a Fire Department report to address his loss. Mayor Tait referred the speaker to Fire Chief Bruegman. R. Joshua Collins, Homeless Advocates for Christ, commented that he left his belongings in a park for a brief period of time and they were picked up by Valley Crest Disposal and he was unable to reach anyone in the city for help. Cynthia Ward remarked for the past week, the plaintiffs in the suit regarding the Convention Center expansion had been trying to schedule a deposition with Mayor Tait regarding the Joint Powers Authority, adding that the City Attorney had failed to make the Mayor available. She stated the trial date was September 22, 2014 and presented notices and copies for Council asking why the City Attorney did not appear to be knowledgeable of the status. City Attorney Michael Houston responded that the deposition notice was agreed to be accepted by the Council and he had checked with Mayor Tait's scheduler as to his availability, however, during a hearing held on August 18, the judge ruled that the entire hearing would be resolved on a record of proceeding. That matter, he explained, was not entitled to discovery and the city would be opposing any motion to depose Mayor Tait. He added the judge clearly ruled on that matter and if and when a court order requested any individual, that individual would be produced. Mary Daniels, resident, addressed her comments to Agenda Item No. 16, baseball negotiations. She offered the following questions, asking they be considered during discussion of Angels Baseball: 1) why was the expert conducting the economic impact report for Angels Baseball allowed to work without a contract in order to meet an agenda deadline; 2) why was the public not allowed to read their economic impact report before Council took action on it; and 3) why wasn't the public told there was a consultant available at that meeting to answer questions. Greg Diamond remarked the judge's statement, referencing the City Attorney's earlier comment regarding a record of proceedings, was to address two questions: 1) whether the trial would be on an expedited schedule and 2) what the date of the hearing would be. He stated that whether or not the trial would be based on the record of proceedings with no discovery was premature. He also stated that the staff report on Angels Baseball indicated there were no new developments to discuss regarding negotiations, which, as the attorney suing the city for its violations of the California Public Records Act and Brown Act, Mr. Diamond knew was not true. He presented a copy of a filing by Arte Moreno's attorneys remarking they were asking to be included in the lawsuit, as they did not think the city could represent their interests and because they had an interest in the contracts that was in the property of the stadium and the property of the grounds established by their signing the Memorandum of Understanding. COUNCIL COMMUNICATIONS As a point of personal privilege, Council Member Eastman responded to Mr. Fitzgerald's remarks referencing the Form 700 filings which any member of the public could access on the city's website. As a point of personal privilege, Mayor Pro Tern Murray provided information to the public about a court order striking several statements made by Mr. Fitzgerald as part of the final argument on the ballot pamphlet. City Council Minutes of August 19, 2014 Page 4 of 7 CITY MANAGER'S UPDATE None CONSENT CALENDAR: Council Member Brandman 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 Council Member Eastman. Roll Call Vote: AYES — 5: (Mayor Tait and Council Members: Brandman, Eastman, Kring and Murray). NOES — 0. Motion Carried. X117 1. Approve the Investment Portfolio Report for July 2014. 2. Award the construction contract to the lowest responsible bidder, Big Sky Electric, Inc., AGR -8333 in the amount of $1,095,816, for the construction of Lenain Water Treatment Plant Automation and Control System Replacement Project and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. 3. Approve the Purchase and Sale Agreement and Grant Deed with SCEL Properties LLC, in the amount of $190,000, for the sale of a new lot created by the assembly of remnant AGR -8334 property located at 2163 West Katella Avenue and 2167 West Katella Avenue through Lot Line Adjustment No. 0000715 - Lot 1 (APN Nos. 128 -604 -11 and 128 - 604 -12) (Katella Avenue Smart Street Project). 4. Approve the Purchase and Sale Agreement and Grant Deed with SCEL Properties LLC, AGR -8335 in the amount of $150,000, for the sale of a new lot created by the assembly of remnant property located at 1771 South William Miller Drive and 2159 West Katella Avenue through Lot Line Adjustment No. 0000715 - Lot 2 (APN Nos. 128 - 604 -13 and 128 -604- 14) (Katella Avenue Smart Street Project). 5. Approve the Agreement for Acquisition of Real Property with Maria De Jesus Rivas and AGR -8336 Jesus Vargas, in the acquisition payment amount of $428,000, for property located at 1180 North Brookhurst Street for the Brookhurst Street Improvement Project from 1 -5 to the SR -91 Freeway (R/W ACQ2013- 00446). 6. Approve the Amendment to the Purchase and Sale Agreement with Tony Garnica and AGR - 8305.1 Blanche Garnica as Trustees of the Garnica Family Revocable Trust dated June 2, 2010, in the acquisition payment amount of $100,000, correcting the names of the property holders for the acquisition of real property located at 650 South Western Avenue for the Western Avenue Sidewalk Improvements Project (R/W ACQ 2014- 00484). 7. Approve and authorize the Executive Director of the Convention, Sports & Entertainment AGR- 7104.A Department to execute and administer a professional consulting agreement with Lerch Bates, Inc., in an amount not to exceed $50,000, for professional expertise related to the ongoing operation, condition, and maintenance of the vertical transportation equipment at the Anaheim Convention Center for a three (3) year term with an option to extend for two (2) additional one (1) year term. 8. Approve the San Juan Generating Station Fuel and Capital Funding Agreement (Fuel AGR - 1683.111 Agreement) among Public Service Company of New Mexico, Tucson Electric Power Company, Southern California Public Power Authority, Tri -State Generation and Transmission Association, Inc., M -S -R Public Power Agency, The City of Farmington, City Council Minutes of August 19, 2014 Page 5 of 7 New Mexico, The Incorporated County of Los Alamos County, New Mexico, Utah Associated Municipal Power Systems, and the City of Anaheim (Station Owners); and authorize and direct the Public Utilities General Manager or designees (as appropriate) to: execute the Fuel Agreement, and any other related documents, with any revisions, modifications, or amendments that are in substantial conformance with the Fuel Agreement as determined by the City Attorney's Office; take the necessary actions to implement and administer the Fuel Agreement; to negotiate the terms of an Anaheim ownership divestiture through a restructuring agreement among the Station Owners consistent with the proposed terms set forth in the Resolution of the San Juan Generating Station Coordination Committee, with a final agreement to be presented to the City Council at a future meeting for their consideration and approval. P124 9. RESOLUTION NO. 2014 -154 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM accepting certain deeds conveying to the City of Anaheim certain real properties or interests therein and rescinding Resolution No. 2014 -130 (City Deed 11714) (Western Street Sidewalk Improvements). 10. RESOLUTION NO. 2014 -155 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 No. 11716) (Brookhurst Street Widening). 11. RESOLUTION NO. 2014 -156 A RESOLUTION OF THE CITY COUNCIL OF D154 THE CITY OF ANAHEIM authorizing the destruction of certain city records more than two years old (Human Resources Department). 12. RESOLUTION NO. 2014 -157 A RESOLUTION OF THE CITY COUNCIL OF D154.1 THE CITY OF ANAHEIM establishing rates of compensation for classifications assigned D154.2 to the Anaheim Municipal Employees Association, General Unit. RESOLUTION NO. 2014 -158 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM establishing rates of compensation for classifications assigned to the Anaheim Municipal Employees Association, Clerical Unit. 13. ORDINANCE NO. 6303 (ADOPTION) AN ORDINANCE OF THE CITY OF C350 ANAHEIM amending the zoning map referred to in Title 18 of the Anaheim Municipal Code relating to zoning (Reclassification No. 2013 - 00254; DEV2013- 0056)(1619 South Euclid Street) (Introduced at the Council meeting of August 12, 2014, Item No. 24). C350 14. ORDINANCE NO. 6304 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending the zoning map referred to in Title 18 of the Anaheim Municipal Code relating to zoning (Reclassification No. 2014 - 00266; DEV2013- 00015)(1807 -1855 West Orange Avenue) (Introduced at the Council meeting of August 12, 2014, Item No. 25). B130 15. ORDINANCE NO. 6305 (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 2014/2015 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). City Council Minutes of August 19, 2014 Page 6 of 7 D124 END OF CONSENT CALENDAR: 16. Discussion of ongoing negotiations with Angels Baseball and Pacific Coast Investors regarding Angel Stadium of Anaheim and the Stadium Site. Paul Emery, Interim City Manager, informed Council there was nothing to report related to negotiation discussions with Angels Baseball at this time. Mayor Tait remarked some questions had been raised by the public earlier in the meeting, asking staff to address them if it was appropriate. Council Member Eastman responded to comments made by Mary Daniels regarding the questioning of a certain Council meeting when the Angel negotiation MOU's were approved, implying it had been called as a special meeting. Ms. Eastman stated each year the City Clerk provided Council with a list of meeting dates and an opportunity for Council to provide their dates of conflict for the upcoming calendar year. At that time in November, she emphasized, she had requested two weeks as she was driving to the Midwest and needed a two week break between council meetings. The City Clerk confirmed that Council Member Eastman's request had been during the scheduling of the council meeting calendar and honored. Tom Morton, Convention, Sports & Entertainment, in answer to an earlier comment, remarked that Convention, Sports & Leisure (CS &L) was given approval to research the stadium economic impact report while the contract was being finalized by the city, in order to meet the timeframe what was requested. The City Attorney, responding to a question raised during public comment, remarked that his communications with Council Members were privileged and confidential, however, on matters that were publicly noticeable, he stated the city was aware of the fact that Angels Baseball was seeking to intervene, and that it was their right to do so. He stated there was a demurrer hearing scheduled for September 18, 2014 and could add nothing further related to pending litigation. Mayor Pro Tern Murray stated it was evident that negotiations had stalled and her priority was to get back to the table, negotiate in good faith and secure Angels Baseball in Anaheim for the next 50 years. She defended the negotiation framework remarking it had zero risk to taxpayers and ensured they were protected. Mayor Tait disagreed with that statement, arguing the MOD's were not in the best interests of the taxpayers and that transferring the stadium land for $1 a year was the same as giving the land away. He added a win /win agreement for both parties was still possible and could include a joint venture on development of stadium land in which the taxpayers received a fair return and could also include renaming the team, not after a rival city, but using a regional title such as Southern California or Orange County or California Angels. Mayor Pro Tern Murray responded there was no agreement to give the team or the land away for a $1 a year and development on that site would generate significant income to the city for future years. She reiterated her desire to negotiate in good faith and bring an agreement back to the city as soon as possible. REPORT ON CLOSED SESSION ACTIONS: None COUNCIL COMMUNICATIONS: Council Member Brandman shared that he had attended the KABOOM! Play Together Festival, an event that promoted the importance of family play time. He added Anaheim was recently City Council Minutes of August 19, 2014 Page 7 of 7 awarded the 2014 Playful City Award in recognition of the recent park enhancements, designed by local children and community leaders, and built under the guidance of KABOOM! He pointed out that since 2011 the city built five playgrounds, Edison Park, Stoddard Park, Schweitzer Park, Modjeska Park, and John Marshall Park. Mr. Brandman also announced the 9/11 memorial event to be held at the Grand Plaza. Mayor Pro Tern Murray attended the "Keep the Angels in Anaheim" rally at the Catch Restaurant, hosted by Adam Kennedy and KABC host, John Phillips, joined by fans of all ages. She also attended the US Men's National Indoor Volleyball match against Iran, and highlighted a number of other events: the "Give Back (Packs)! on September 9 the Family "DinoSize" Movie Night at the Honda Center on August 22 and the 9/11 Day of Remembrance Ceremony at the Grand Plaza. Council Member Kring offered her congratulations to the Community Services Department for receiving a $1.3 million dollar grant from the California Development Grant Program earmarked for improvements to Stoddard and Sage Parks. She also recognized the Police Department's Cell Phone for Soldiers program, having collected and donated a total of 818 cell phones for this worthy cause, highlighted the Irvine Company Mountain Park project and its donation of 2,500 acres of open space to the cites of Anaheim and Orange. Council Member Eastman spoke of her attendance at the United States Men's National Indoor Volleyball Team match against Iran Men's National Volleyball Team, announced September as National Preparedness Month, and introduced The Lost Bean as ARTIC's first tenant, an organic coffee and tea shop that would be located on the ARTIC ground level. Mayor Tait spoke of his attendance at KABOOM! Play Together Festival and the Illumination Foundation event at La Palma Park. He congratulated the Angels for reaching 1st Place in the American League West, spoke of the Ponderosa Skate Park, and requested staff provide the opportunity for the kids of the neighborhood to provide feedback on the design of the park. ADJOURNMENT At 6:32 P.M., with no other business to conduct, Mayor Tait adjourned the August 19 meeting.