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2009/11/17ANAHEIM CITY COUNCIL REGULAR AND REGULAR ADJOURNED MEETING OF NOVEMBER 17, 2009 The meeting of November 17, 2009 was called to order at 3:00 P.M and adjourned to 4:30 P.M. for lack of a quorum. Mayor Pringle called to order the regular adjourned meeting of November 17, 2009 at 4:35 P.M. in the Chambers of Anaheim City Hall located at 200 South Anaheim Boulevard. A copy of the agenda was posted on November 13, 2009 on the kiosk outside City Hall. PRESENT: Mayor Curt Pringle and Council Members: Lorri Galloway, Bob Hernandez, Lucille Kring and Harry Sidhu. STAFF PRESENT: City Manager Dave Morgan, City Attorney Cristina Talley, and City Clerk Linda Andal. ADDITIONS /DELETIONS TO CLOSED SESSION: None PUBLIC COMMENTS ON CLOSED SESSION ITEM: None City Council adjourned to closed session for consideration of the following items: CLOSED SESSION: 1. CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION (Subdivision (a) of Section 54956.9 of the Government Code) Name of Case: Priceline.com, Inc. et al. v. City of Anaheim et al., Orange County Superior Court, Case No. 30 -2009 00244120 and related cases. At 5:05 P.M., Council returned from closed session. INVOCATION: Pastor Edward Caballero, Anaheim Community Church FLAG SALUTE: Mayor Pro Tem Bob Hemandez announced the flag salute would be offered in memory and to honor Lance Corporal Justin J. Swanson, an Anaheim resident killed during active duty in Iraq. ACCEPTANCE OF RECOGNITIONS (AT A LATER DATE): Recognizing Fire Chief Roger Smith on his retirement ADDITIONS /DELETIONS TO THE AGENDA: Staff requested Item No. 16 be withdrawn. PUBLIC COMMENTS (all agenda items): Alone Larsen, Cultural Heritage Commission, provided an update on the Commission's activities. In partnership with Anaheim Parks and Recreation, she announced the Downtown Community Center offered generous gallery space now featuring seven artists and encouraged the community to attend the showing. She also encouraged Council's Council Minutes of November 17, 2009 Page 2of7 consideration of a budget now or in the future for event receptions. Mayor Pringle suggested a minimal budget could be considered for the next fiscal year. Helen Myers reported the Anaheim Historical Society had reviewed the environmental documents referred to in Item No. 15 and determined there were no negative historical impacts with the Founders Park project and offered support for approval of this item. Larry Rosenberg, Anaheim Ballet, announced two upcoming events, the annual wine and cheese fund raiser scheduled for December 3 and the Nutcracker Ballet planned for December 5 in the city of Fullerton. James Robert Reade, resident, alleged police harassment for his past complaints against the department. Khamsouk Peter Vu, resident, thanked Anaheim City staff and the Police Department for their efforts. David Diaz, Central Neighborhood District, addressed Item No. 1, requesting Council consider the lack of parking and current residential housing difficulties before deliberating the Packing House project. Christopher Kutz, resident, reported his Eagle Scout project would instruct any interested person on the proper method of retiring the United States flag with honor, and asked Council for their support. Mayor Pringle requested Mr. Kutz return to Council once a date for his project had been scheduled and directed him to speak with Terry Lowe, Community Services Director. JOINT REDEVELOPMENT /CITY COUNCIL PUBLIC HEARING: 1. This is a joint public hearing between the City Council and the Redevelopment 5964 Agency to consider the disposition and development of the following two parcels for 5965 the construction of for -sale housing units: Parcels bounded by 1) Elm Street, Anaheim Boulevard and Santa Ana Street 2) Santa Ana Street, Anaheim Boulevard and Ellsworth Street. City Council Action: RESOLUTION NO. 2009 -166 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving a Disposition and Development Agreement with Brookfield Anaheim Boulevard LLC and making certain findings in connection therewith. Elisa Stipkovich, Community Development Executive Director, reported Item No. 1 related to approval of a Disposition and Development agreement with Brookfield Homes on two specific parcels along Anaheim Boulevard which were approximately three acres in total and would accommodate 88 condominium units. Ten percent of the units were required to be affordable to low income families and she believed with the current market rate pricing, 25 percent affordable could be achieved using $2.3 million of down payment assistance. She disclosed the cost to the City for acquisition, relocation, demolition and related charges was approximately $5.9 million, adding that the developer would pay fair market value for the land at $3.5 million. With tax increment to be recovered over the life of the project, an Council Minutes of November 17, 2009 Page 3 of 7 additional $8.2 million over the 30 year time frame would be received, for a total revenue of $11.7 million or net revenue of $5.8 million in actual dollars. She noted staff also recommended approval of a construction management agreement with Brookfield for assisting in the restoration of the Packing House for restaurant or other food related uses. After completion of the Packing House restoration, staff would then return to Council with a plan for operation of the retail site. Referencing earlier comments made regarding parking issues, Ms. Stipkovich stated the parking requirements for this project had been thoroughly studied and considering the successful parking conditions for Colony Park condominiums as well as the existing Boulevard Project, staff recommended approval of this project. She pointed out community input on the Packing House property and its additional proposed commercial uses would be sought, adding that the preservation of an historic building and the added commercial uses would be an asset to the downtown area. Mayor Pringle opened the public hearing for comments. John O'Brian, Vice President/Developer of Brookfield Homes, stated they were looking looking forward to advancing the restoration of the Packing House as well as providing residential units in the adjacent area. He explained the next process included meeting with stakeholders and community groups with an additional public hearing before the Planning Commission, which would provide a forum to address any community concerns. Maurice Turner, Colony Park resident, supported the Packing House project and Brookfield as developers stating they worked with the existing community while being respectful of the downtown area design. He added the design of Colony Park fit with the existing area while inviting modern amenities for both comfort and energy efficiency and he believed the Packing House project would do the same and help solidify the downtown core. With no other comments offered, the public hearing was closed. Council Member Sidhu moved to approve RESOLUTION NO. 2009 -166 OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving a Disposition and Development Agreement with Brookfield Anaheim Boulevard LLC and making certain findings in connection therewith, seconded by Council Member Galloway. Roll Call vote: Ayes 5: Mayor Pringle and Council Members: Galloway, Hernandez, Kring and Sidhu. Noes 0. Motion Carried. At 5:33 P.M., Mayor Pringle adjourned the Anaheim Redevelopment Agency and the City Council to consider the Anaheim Housing Authority Agenda. At 5:35 P.M., Council session was reconvened. CONSENT CALENDAR: Mayor Pringle removed Item No. 14 and No. 23 for further discussion and reiterated that Item No. 16 had been withdrawn by staff. Council Member Kring moved to waive reading in full of all ordinances and resolutions and to adopt the balance of the consent calendar in accordance with the reports, certifications and recommendations furnished each council member and as listed on the consent calendar, seconded by Council Member Sidhu. Roll call vote: Ayes 5; Mayor Pringle, Council Members: Galloway, Hernandez, Kring and Sidhu. Noes 0. Motion Carried 4. Receive and file minutes of the Public Utilities Board meeting of September 23, 2009. 8105 Council Minutes of November 17, 2009 Page 4 of 7 5. Approve the Investment Portfolio Report for October 2009. D117 6. Appoint Brenda Nardolillo, Tony Hewes and Todd Gellerman to the Anaheim B105 Workforce Investment Board, representing business, each to a four year term ending November 16, 2013. 7. Revise the amount of the contract awarded to the lowest responsible bidder, 5903.1 THOMCO, Inc., from $1,384,000 to $1,487,884, for the Central Library Interior Remodel project, Phase 3, and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. 8. Award the contract to the lowest responsible bidder, Autobahn Construction, Inc., in 5966 the amount of $148,630, for the Sycamore Street Improvements project (Clementine Street to Anaheim Boulevard) and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. 9. Award a Design -Build Services Contract for the Underground District 51/56 5967 Lincoln /Magnolia project to the best qualified and lowest responsible bidder, Pouk and Steinle, Inc., in the amount of $16,320,000; in the event said bidder fails to comply with the terms of the award, award the contract to the second best qualified and responsible bidder, Henkels McCoy, Inc., as well as waive any clerical irregularities or technical deficiencies in any of the documents of both the best and second best qualified and responsible bidders, authorize the General Manager of the Public Utilities Department to execute all documents related to this contract and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. 10. Accept the low bid of Vector Aerospace Helicopter Services North America, Inc., in D180 an amount not to exceed $306,675.20, for helicopter engine overhaul and repair services for the Police Department, Air Support Bureau, for a one year period with two one -year optional renewals, and authorize the Purchasing Agent to exercise the renewal options in accordance with Bid #7318. 11. Authorize the Purchasing Agent to issue a purchase order to the lowest responsive D180 bidder, A -Z Emissions Group, in an amount not to exceed $575,615, for the installation of diesel emission control devices on 28 heavy -duty on -road vehicles for Public Works, Fleet Services Division, in accordance with Bid #7312. 12. Approve the First Amendment to Agreement with West Coast Arborists, Inc., to 4565.1 reduce costs for tree maintenance services for the Community Services Department Urban Forestry program. 13. Approve the Subdivision Agreement of Parcel Map No. 2005 -285 with Dale Street 5968 Properties LLC regarding public improvements on land located at 717 South Dale Street. 15. Approve the Initial Study /Negative Declaration for the Founders Park project. D150 16. Staff requests this item be withdrawn. Approve the Second Amended License Agreement templates between the City and individual telecommunication carriers for the purpose of constructing and operating Council Minutes of November 17, 2009 Page5of7 cellular facilities within the Community Services infrastructure, authorize the Community Services Director to execute individual agreements that conform to the agreement, and any other related documents, and to take such actions as are necessary to implement the agreements, authorize de minimus changes that do not substantially change the terms and conditions, so long as such changes are determined to be de minimus by the City Attorney and authorize the Risk Manager to approve changes, as he may deem appropriate to the indemnification and insurance provisions of the Master Agreement (Continued from Council meeting of November 3, 2009, Item No. 06). This item was withdrawn from the agenda at the request of staff. 17. Award and approve an agreement to WTPC, Inc., establishing WTPC as the 5970 exclusive operator of the Business Service Center located within the lobby of the Anaheim Convention Center. 18. RESOLUTION NO. 2009 -167 A RESOLUTION OF THE CITY COUNCIL OF D116 THE CITY OF ANAHEIM terminating the local emergency proclaimed on February 9, 2005, by the Director of Emergency Services of the City of Anaheim, regarding the movement and displacement of land in the vicinity of 357, 365 and 373 Ramsgate Drive, Anaheim, California. 19. RESOLUTION NO. 2009 -168 A RESOLUTION OF THE CITY COUNCIL OF D182 THE CITY OF ANAHEIM authorizing the destruction of certain City records more than two years old (Public Utilities Department). 20. RESOLUTION NO. 2009 -169 A RESOLUTION OF THE CITY COUNCIL OF D129 THE CITY OF ANAHEIM authorizing access to state and federal summary criminal history information for employment and certification purposes. 21. RESOLUTION NO. 2009 -170 A RESOLUTION OF THE CITY COUNCIL OF 3989.D THE CITY OF ANAHEIM authorizing the Chief of Police or his designee to participate in the U.S. Department of Justice Grant (JAG) Program in conjunction with the County of Orange on behalf of the City of Anaheim, authorizing the execution of all required documents and amending the budget for Fiscal Year 2009- 10 accordingly. 22. RESOLUTION NO. 2009 -171 A RESOLUTION OF THE CITY COUNCIL OF D175 THE CITY OF ANAHEIM approving the submittal to the California Department of Transportation an application for funding of projects that improve safety and convenience for bicycle commuters under the Bicycle Transportation Account and re- adopt the Bicycle Master Plan as required to be eligible for funding. 24. ORDINANCE NO. 6160 (INTRODUCTION) AN ORDINANCE OF THE M142 CITY COUNCIL OF THE CITY OF ANAHEIM amending Chapter 10.19 of Title 10 of the Anaheim Municipal Code in its entirety relating to landscape water efficiency. 25. Approve minutes of the adjourned regular meeting of October 27, 2009 held on November 3, 2009. Council Minutes of November 17, 2009 Page 6of7 END OF CONSENT: 14. Approve the Cooperative Agreement with the City of Garden Grove for design 5969 services and construction engineering for the Katella Avenue Smart Street project. Mayor Pringle requested staff explain the cooperative agreement with Garden Grove and update Council on the Katella Avenue Smart Street project. Mark Vukojevic, City Engineer, responded since Garden Grove requested additional storm drain work on one specific aspect of the Humor to Gene Street portion of the project, the cooperative agreement would spell out Garden Grove's reimbursement to the City of $136,000 for that additional storm drain work. He noted this segment of the Katella Avenue Smart Street Project, had been bid and awarded during the summer and was expected to begin construction in January 2010. The other segment of the project, 9 Street to Humor, was expected to wrap up by the end of this calendar year. Mayor Pringle reaffirmed the next section would be under County control as the widening of Katella was completed. Council Member Hernandez moved to approve Item No. 14, seconded by Council Member Galloway. Roll Call Vote: Ayes 5: Mayor Pringle and Council Members: Galloway, Hernandez, Kring and Sidhu. Noes 0. Motion Carried. 23. ORDINANCE NO. 6159 (ADOPTION) AN ORDINANCE OF THE CITY OF M142 ANAHEIM amending various sections of Chapter 4.29 of Title 4 of the Anaheim Municipal Code relating to massage establishments (Introduced at Council meeting of November 3, 2009, Item No. 09). City Attorney Cristina Talley explained the State of California had altered licensing of massage therapists. Up until this point, she stated, most cities handled their own licensing which created hurdles for massage therapists. With this amendment to the code, the new state law would be recognized requiring technicians or practitioners to be either licensed from the state of California or by the local agencies. Mayor Pringle remarked that after a review period for this new legislation, he might be open to considering how Anaheim could accept permits from other cities as well as from the State. Council Member Kring moved to introduce Ordinance No. 6160, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM various sections of Chapter 4.29 of Title 4 of the Anaheim Municipal Code relating to massage establishments, seconded by Council Member Hernandez. Roll Call Vote: Ayes 5: Mayor Pringle and Council Members: Galloway, Hernandez, Kring and Sidhu. Noes 0. Motion Carried. REPORT ON CLOSED SESSION: None COUNCIL COMMUNICATIONS: Mayor Pringle thanked Council Member Kring for her work on bringing the first Annual Veterans' Day celebration to Anaheim and council members for attending the ceremony. He also thanked Council Member Galloway for representing the City in Mito, Japan, Anaheim's sister city, on their 120 Anniversary celebration. Mayor Pringle discussed the Military Banner Program and announced the first banner would honor fallen soldier, Anaheim resident Lance Corporal Justin Swanson. Council Minutes of November 17, 2009 Page 7 of 7 Mayor Pro Tem Hernandez requested tonight's meeting be adjourned in Lance Corporal Swanson's memory and expressed condolences to the family. He also congratulated Northgate Market on the groundbreaking of their Distribution Center and Headquarters. Council Member Galloway reported on her attendance at the 120 Anniversary celebration in Mito, Japan. She also presented Mayor Pringle with a framed, cherry blossom artwork on behalf of Mito's Mayor Kato, which would be displayed in the City Hall lobby. Council Member Galloway also recognized City employee Geraldo Ruiz, Street Sweeper Operator. Council Member Kring indicated the first City sponsored Veterans' Day ceremony had been a success and thanked all involved. She also spoke of the groundbreaking of Northgate Market's Distribution Center and Headquarters and announced the Employee Charity Drive was underway. Council Member Sidhu spoke about the details of the Veterans' Day ceremony, and the tragedy that occurred at Fort Hood, Texas. He commented on Anaheim's reduced crime statistics, the Central Library renovations and the groundbreaking ceremony for Northgate Market's Distribution headquarters. Mayor Pringle pointed out Anaheim Great APP's challenge was underway with a deadline of November 30 for submittals. ADJOURNMENT; At 6:07 P.M., with no other business to conduct, the November 17, 2009 meeting was adjourned in memory of Lance Corporation Justin Swanson. Res• tfully submitted, 4211- r Linda N. Andal, CMC City Clerk