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2007/05/15II ANAHEIM CITY COUNCIL II REGULAR MEETING OF MA 15, 2007 The regular meet ng of May 15, 2007 was called to order. at 3:00 P.M. and adjourned to 5:00 P.M. for lack of a quor m. Mayor Pringle called to order the adjourned meeting at 5.00 P.M. A copy of the ag nda for the meeting of the Anaheim City Council meeting was posted on May 11, 2007 on the kios outside City Hall. PRESENT: May~r Curt Pringle and Council Members: Lorri Galloway, Bob Hernandez, Lucille Kring and Harry idhu. STAFF PRESEI Nguyen Invocation: Flag Salute: Presentations: City Manager Dave Morgan, City Attorney Jack White, and City Clerk Linda Judith Afsahi, Bahai Local Spiritual Assembly of Anaheim Council Member Kring Recognizing Contractors' Participation in the Utilities Department Home Investment Package Program Mariann Long, P blic Utilities Department, explained the Home Investment Program was new to Anaheim and pr ided for diagnostic testing of homes for air ducts, carbon monoxide leakage, air infiltration, and c mbustion safety. BPI certified contractors would present homeowners with fully comprehensive r ports on potential upgrades to improve their homes in terms of comfort, safety, energy efficiency and durability. Once any upgrades were implemented by the contractor, the diagnostic testin would be redone to insure standards were met. Ms. Long further added that the Utilities Departm nt was offering up to $15,000 in rebate incentives for the program, including solar incentives and b y down on interest rates for financing the improvements. Ms. Long introduced the contractors ho had received BPI certification training: Rick Little, Seapoint Construction; Scott Johnson, Maxim m Performance Housing Action Now; Mark Ramirez, Comfort Climate Control; Brett Knox, Gree homes America; and James Kelke, Adelanta Air Company Inc. Recognizing 2007 Recipients of Mayor's Tech Scholar Program In this second ye r of the Mayor's Tech Scholar Program, Mayor Pringle announced that there were 36 recipien s being awarded free laptops. He recognized the 2007 recipients in the audience, who were introd ced at an earlier banquet and further announced that each student would receive two years of free connection with the Earthlink wireless system to encourage students academically an to promote the benefits of technology. He remarked there were a number of donors contribute g to the success of this program, i.e., Time Warner, Anaheim Public Utilities, the Samueli Founda ion and Earthlink. of Proclaiming June 4-8, 2007 as National Management Week • May 15, 2007 - At 5:15 P.M., k Housing Autho e2 Recognizing Recipients of Anaheim Union School District Scholar/Athlete and Athlete of the Year Awards r Pringle called to order the Anaheim Redevelopment Agency and the Anaheim ADDITIONS/DE ETIONS TO ANY OF THE AGENDAS: Staff requested Item No. 13 be continued to Jun 5, 2007 and Item No. 27 be continued to July 17, 2007 meeting. The applicant requested withdr wal of Item No. 29. PUBLIC COMM~NTS (ALL MATTERS EXCEPT PUBLIC HEARINGS): Patrick Keller, re resentative of Teamsters Local 952, supported efforts to construct affordable housing in Anah im but spoke against any changes to the Resort District. Cynthia Ward, re~ident, commented on methods of gathering signatures for a referendum relating to resort uses. Jack Marston, resident, spoke against methods used in the referendum process. Mayor Pringle re~essed the Housing Authority to consider the Redevelopment Agency agenda including the join Council/Agency public hearing. JOINT CITY CO NCILIREDEVELOPMENT AGENCY PUBLIC HEARING: 2. This is a j int public hearing to consider Disposition and Development Agreements with, Trucor, Inc., Mertco, Inc., VNB Homes, LLC, and Andy Broumand for disposition of certain Agency o ned parcels for development of market-rate single-family homes. COUNCIIL ACTION: RESOLD ION NO. 2007-064 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NAHEIM approving a Disposition and Development Agreement with Trucor, Inc. and maki g certain findings in connection therewith. RESOLD ION NO. 2007-065 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NAHEIM approving a Disposition and Development Agreement with Mertco, Inc. and maki g certain findings in connection therewith. RESOLD ION NO. 2007-066 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NAHEIM approving a Disposition and Development Agreement with VNB Homes, LC and making certain findings in connection therewith. RESOLD ION NO. 2007-067 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NAHEIM approving a Disposition and Development Agreement with Andy Brouman and making certain findings in connection therewith. Elisa Stipkovich, Community Development Director, informed Council the joint public hearing for the Agency and he City Council was to approve four individual disposition and development agreements. Th Anaheim Redevelopment Agency, she explained, had purchased remnant parcels along th I-5 freeway through a bulk acquisition of land and these agreements represented • May 15, 2007 - 16 of those parcc to over 108 deve of the proposals companies were revenue anticipa remnant sites by depending on the had purchased tl which would net disposition. Mayor Pringle Council Member throughout the C revenues througf parcels as possit He pointed out sc some were desig single family resin proceeds from th reinvestment in tl 3 s suitable for single family development. A Request for Proposal had been sent >pers, five proposals had been received by the City and staff recommended four e approved through disposition and development agreements. Those four -rucor, Inc., Mertco, Inc., VNB Homes and Andy Broumand. She pointed out total ;d through the Disposition and Development agreements for purchase of the he developers was $3.9 million; although that could increase to $4.3 million final subdivision of some of the sites. She indicated the Redevelopment Agency land from Orange County Transportation Authority (OCTA) for $2.6 million 1.3 million or more in revenue to the Agency depending upon the final the public hearing for comments and receiving none, closed the hearing. iidhu commended staff for acquiring unusable and blighted remnants of land y for the purpose of building market rate housing and, in addition, earning this effort. Mayor Pringle remarked the City tried to purchase as many remnant e when the I-5 freeway was widened and was now putting that land to good use. me parcels would be used for affordable housing or multi-family projects and gated for single family homes such as these sites which were surrounded by ences. He remarked Agency funds were used for purchase of the land and any .se developments would go back into the Agency funding stream to be used for e community. Council Member alloway moved to approve a Resolution of the City of Anaheim approving a Disposition and evelopment Agreement with Trucor, Inc. and making certain findings; a Resolution of the City of Anaheim approving a Disposition and Development Agreement with Mertco, Inc and aking certain findings; a Resolution of the City of Anaheim approving a Disposition and evelopment Agreement with VNB Homes, LLC and making certain findings; and a Resolution oft e City of Anaheim approving a Disposition and Development Agreement with Andry Broumand and making certain findings, seconded by Council Member Sidhu. Roll Call vote: Ayes - 5; Mayor ringle, Council Members: Galloway, Hernandez, Kring and Sidhu. Noes - 0. Motion Carried At 5:29 P.M., Ma or Pringle adjourned the meeting to considering the Housing Authority agenda, reconvening Council agenda at 5:30 P.M. CONSENT CALI pulled Item No. ' Council Member balance of the cc recommendatior Calendar, secon Council Member MOTION: S/H calendar. 5. Receive meeting the Publ VDAR: Item No. 13 and Item No. 27 continued. Council Member Galloway for further discussion and Council Member Kring removed Item No's. 6 and 22. ~idhu waived reading in full of all ordinances and resolutions and to approve the sent calendar in accordance with the reports, certifications and furnished each Council Member and as listed on the balanced of the Consent :d by Council Member Hernandez. Roll Call vote: Ayes - 5; Mayor Pringle, Galloway, Hernandez, Kring and Sidhu. Noes - 0. Motion Carried Waive reading in full of all ordinances and resolutions and adopt the consent nd file minutes of the Housing and Community Development Commission f April 18, 2007, Budget Advisory Commission minutes of March 21, 2007, and Utilities Board minutes of April 5, 2007. °May 15, 2007 -Page 4 7. Approve the Investment Portfolio Report for April 2007. 8. Award the contract to the lowest responsible bidder, R.J. Noble Company, in the amount of $198,880.55 for the Broadway Street improvement project from 153' east of Mable Street to Manchester Avenue, and approve and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. 9. Award the contract to the lowest responsible bidder, R.J. Noble Company, in the amount of $1,193,527.54 for the Orange Avenue street improvements from Beach Boulevard to Magnolia Avenue, and approve and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. 10. Award the contract to the lowest responsible bidder, Hillcrest Contracting, Inc., in the amount of $5,405,580.90 for the Imperial Highway and La Palma Avenue Intersection improvement project, approve and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions, and increase the Department of Public Works' expenditure appropriation by $3,164,116 for Fiscal Year 2006/07. 11. Approve the Subdivision Agreement with East Anaheim Christian Church for Parcel Map 2006-221, located at 2216 E. South Street. 12. Approve five Settlement Agreements and Release with David and Geraldine Wilson, dba G. Wilson Hauling; Deborah Agathakis, dba D&S Bakery; Carlos and Edith Salgado, dba Neto's Trucking, Inc.; Vince E. Amato, dba Gaio Trucking, Inc.; and Senorino Huerta Rosales, dba Lili's Produce, for the relocation of tenants at the Electrical Generation Facility located at 3071 East Miraloma Avenue. 13. Accept the proposal and execute an agreement with Emphasys Computer Solutions, Inc., in an amount not to exceed $220,000, plus tax, for the purchase and implementation of an information management system for the Anaheim Housing Authority, and authorize the Purchasing Agent to execute annual software maintenance and subscription renewal agreements, all in accordance with Request for Proposal # 6880. Continued to June 5, 2007 14. Accept the bids of D4 Solutions Group, Inc. and Vector Resources, Inc., in a combined amount not to exceed $350,000 for citywide data and telephone cabling services, for aone- year period, with four one-year optional renewals, and authorize the Purchasing Agent to exercise the renewal options, all in accordance with Bid # 6926. 15. Review the need for continuing the local emergency heretofore proclaimed by the Director of Emergency Services as ratified by previous action of the City Council concerning land movement and property damage in the vicinity of 357, 365 and 373 Ramsgate Drive and the Hidden Grove Lane/Fox Glen Drive area in the City of Anaheim, and, by motion, determine that the need for continuing the local emergency exists. 17. Approve a consultant agreement with ICF International in an amount not to exceed $215,500 to provide services for the revision and rewrite,of the City of Anaheim and Orange County Operational Area's Emergency Operations Plans. -May 15, 2007 - Page 5 18. Determin on the basis of the evidence submitted by Anaheim Katella LLC, that the property caner has complied in good faith with the terms and conditions of Development Agreeme t No. 2005-00002 for the 2006-2007 annual review period. 19. Determin on the basis of the evidence submitted by Anaheim GW, LLC, that the property owner ha complied in good faith with the terms and conditions of Development Agreement No. 99-01 for the 2006-2007 annual review period. 20. Determin on the basis of the evidence submitted by BRE Properties, Inc., that the property owner ha complied in good faith with the terms and conditions of Development Agreement Nos. 200 -00001 and 2005-00003 for the 2006-2007 annual review period. 21. Approve nd authorize the City Manager to execute all contracts necessary to become the 2007 hos city for the USA Men's Volleyball North, Central America and Caribbean Volleyball Confederation Tournament, in an amount not to exceed $200,000. 23. RESOLU ION NO. 2007-068 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NAHEIM accepting certain irrevocable offers of dedication to the City of Anaheim f certain real properties or interests therein. (Tract Map Nos. 16465 & 16477). 24. RESOLU ION NO. 2007-069 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NAHEIM initiating proceedings for the Annual Levy of Assessments in, and accepting an Assessment Engineer's Report for, the Anaheim Resort Maintenance District. RESOLU ION NO. 2007-070 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NAHEIM declaring its intention to provide for an Annual Levy and Collection of Assessm nts in the Anaheim Resort Maintenance District, and setting a time and place for the public hearing thereon. Public Hearing scheduled for June 5, 2007. 25. ORDINA CE NO. 6057 (ADOPTION) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NAHEIM amending Chapter 10.08 of Title 10 of the Anaheim Municipal Code relating t domestic and industrial waste. (Introduced at the meeting of May 8, 2007, Item #32). 26. ORDINA CE NO. 6059 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM amendin the Zoning Map referred to in Title 18 of the Anaheim Municipal Code relating to Zoning ( eclassification No. 2007-00194). (Introduced at the meeting of May 8, 2007, Item # 36). 27. Staff requ ests continuance to July 17, 2007. ORDINA CE NO. (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEI adding new Chapter 8.10 to Title 8 of the Anaheim Municipal Code relating to barking d g violations. (Continued from the meeting of April 17, 2007, Item 51). Item No. 27 coy 28. Approve ued to July 77, .2007. City Council meeting minutes of April 24, 2007. -May 15, 2007 - END OF CONSENT: 6 6. Receive and file this report on the adjustment to the campaign contribution limit contained in the Cit of Anaheim Campaign Reform Law from $1500 to $1600 as required by Section 1.09.050 f the Anaheim Municipal Code. Council Member ring indicated she would cast a no vote on this item to be consistent with her opposition to incr asing campaign contribution limits. Council Member idhu moved to receive and file Item No. 6, seconded by Council Member Galloway. Roll C II vote: Ayes - 3; Mayor Pringle, Council Members: Galloway, and Sidhu. Noes - 2; Council Me bers Hernandez and Kring. Motion Carried 16. Approve ~n agreement with The Chance Theater, Inc. for a fee waiver to utilize the Twila Reid Rec eation Center for rehearsals. Council Member alloway requested the fee waiver dollar value be identified. Terry Lowe, Community Servi es Director, responded the fee for use of this facility would be approximately $2,000 a year. He emphasized any Anaheim based non-profit group could use the City's facilities at no cost during non-prime time hours and that most of the uses of the community centers were by local non-profi groups. Mr. Morgan, City Manager, added the Chance Theatre, in exchange for the fee waiver, h d committed to performing at three different Community Services Department events during th year. Council Member ernandez moved to approve Item No. 16, seconded by Council Member Kring. Roll Call vote: A es - 5; Mayor Pringle, Council Members: Galloway, Hernandez, Kring and Sidhu. Noes - 0. Motion Carried 22. Waive th execute ; Anaheim Council Member wondered wheth year-to-year dec success of the 2~ celebration was Item No. 22, sec southern Califorr worldwide and w sealed bid requirement of Council Policy 306 and authorize the City Manager to i agreement with Phoenix Decorating Company to design, build and promote 2008 Rose Parade float in an amount not to exceed $150,000. <ring asked if the intent was to make the Rose Parade a permanent program and r funds could be better utilized elsewhere. Dave Morgan responded this was a pion of the Council as to whether to participate in the Rose Parade remarking the 07 Anaheim float which signaled the beginning of the Sesquicentennial ~nsidered a fitting end to it as well. Council Member Kring moved to approve nded by Council Member Galloway. Mayor Pringle emphasized advertising in a was costly and he was supportive in promoting the City through an event seen Auld support its continuation. Roll Call vote: A~es - 5; Mayor Pringle, Council Members: Galloway, Hernandez, Kring and Sidhu. Noes - 0. Motio Carried PUBLIC HEARINIG: -May 15, 2007 -Page 7 29. Applicant requests to withdraw item. This is a public hearing to consider the request for a waiver or reduction of Public Safety Facilities, Vehicle, and Impact Fees fora 320-unit apartment complex within the Platinum Triangle (Continued from the meeting of March 6, 2007, Item # 22). CEQA DETERMINATION CEQA EXEMPTION 15061 (B) (3) -GENERAL RULE CASE NO. DAG2005-00001 LOCATION: This irregularly-shaped, 14.46-acre property has frontage of 585 feet on the north side of Katella Avenue, a maximum depth of 1300 feet, and is located 739 feet west of the centerline of State College Boulevard (1515 East Katella - BRE Properties Stadium Park Residential). A request for a waiver or reduction of Public Safety Facilities, Vehicle, and Impact Fees for a 320-unit apartment complex within the Platinum Triangle. Item withdrawn by the applicant. Council Communications: Councilmember Hernandez commented on the divisive issue of referring Council decisions back to the voters and the possible impacts. He also announced the deaths of two retirees, William Roach with the Convention Center and Paul Singer, former traffic engineer. Councilmember Kring provided clarification on her comments regarding the exits from the West Anaheim Police Station and congratulated award winners and retirees who were recently honored by the Police Department. Councilmember Sidhu spoke of his obligation in protecting City revenues. Mayor Pringle addressed the referendum process and the protections provided to voters by Propositions 13 and 218. Adjournment: At 5:53 P.M., Mayor Pringle adjourned the May 15th meeting to June 5, 2007 at 2:00 P.M. for Fiscal Year 2007/2008 budget presentations. Respectfully submitted, Linda Nguyen, City k