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2001/06/05 ANAHEIM, CALIFORNIA - CITY COUNCIL SPECIAL MEETING JUNE 5, 2001 The City Council of the City of Anaheim met in regular session. PRESENT: Mayor Pro Tem McCracken and Council Members Feldhaus, Kring and Tait. COUNCIL MEMBERS ABSENT: Mayor Tom Daly STAFF PRESENT: City Manager Jim Ruth, City Attorney Jack White, City Clerk Sheryll Schroeder, City Treasurer Charlene Jung, Human Resources Director David Hill, Finance Director William Sweeney, Planning Director Joel Fick, Code Enforcement Supervisor John Poole. A copy of the agenda for the meeting of the Anaheim City Council was posted on June 1, 2001, at the City Hall inside and outside bulletin boards. Mayor Pro Tem McCracken called the Anaheim City Council Special Meeting to order at 2:01 P.M. in the Council Chambers of the Anaheim City Hall, 200 South Anaheim Boulevard. FISCAL YEAR 2001/02 DEPARTMENTAL BUDGET PUBLIC HEARING: At 2:02 P.M., City Manager, Jim Ruth, announced that this was a public hearing to review and adopt the City's fiscal year 2001/2002 budget pursuant to Charter Sections 1202, 1203 and 1204. He said that the public hearing would be continued to June 12,2001 and would be continued again to June 19, 2001. Council may, at their discretion, he said, continue the budget to subsequent dates prior to July 1, 2001 and still meet City Charter requirements. City Manager Ruth said that as part of the budget adoption process, Council would consider the first year of budget for adoption and would consider the second year of the budget for approval in concept only. The amount for the budget of 2001/02, he said, totaled $959,152,879 which was an increase of 1.5% over the current adopted budget. The proposed budget for fiscal year 2002/03 totaled $920,841,734, which was a decrease of approximately 4% in fiscal year 2001/02 proposed, he said. The increase and decrease were results of fluctuations in the City's Capital Improvement Program, he noted. He continued to explain the funding of positions and the service that they would provide and said that the City had reduced its staffing level of 255 full time positions or 17.3%. He said that the proposed general fund budget for fiscal year 2001/02 was $178,246,837 and was increased by $12,780,201 or 7.7% due to a $4.7 million increase in the Police Department, a 2.8% increase in the Fire Department, a 2.4% increase in the Community Services Department, and due to an addition of twelve fire fighters, reimbursement of the centract with Disney, recent labor agreements and increases in certain benefit components such as health insurance. The proposed second year general fund budget was $184,872,475 which was a 3.7% increase over the fiscal year 2001/02 proposed, he said. He said that departments were advised to build their budgets based on the Council's five goals which were: to ensuring public safety; build the economy; enhance neighborhoods; maximize assets and maintain infrastructure. He mentioned that both the Police and Fire Departments had been instrumental in reaching contract agreements worth approximately $1.5 million with Disney Company for emergency responses in expanded theme parks. He also mentioned that the proposed budget contained funding for a permanent Police facility in west Anaheim. City Manager Ruth added that some of the revenue highlights were additional hotel development around the Convention Center, a new auto dealership was to open up on Euclid Street at the 91 Freeway and the renovation of the Anaheim Town Square at Lincoln Avenue and State College. He noted the transfer of $500,000 from the general fund to the Neighborhood Improvement fund and said that last year, Council established the Community Improvement fund which would _....."..... _-..---___...m._~.....<.. ANAHEIM CITY COUNCIL MEETING MINUTES JUNE 5, 2001 PAGE 2 redirect the increased revenues received from the City's investment in the Resort Fund and he said that the funds would be used to continue improvements in the City. That budget would transfer $3 million per year and Mr. Ruth proposed that the funds be used for specific improvements in the City's neighborhoods and communities. The budget contained $9 million in community improvement fund expenditures over the next two years, he said, and in addition, the budget transferred excess golf revenues resulting from the privatization of the golf operations service department. He said that $353,000 was transferred in fiscal year 2001/02 to fund increased park and median maintenance, additional park ranger hours and additional library staff hours. The budget supported the continued implementation of the City's Cultural Plan and the development of opportunities to develop a museum. City Manager Ruth noted that at the next Council meeting, Assistant City Manager Tom Wood would present a very aggressive capital improvement program and it would be contained within the budget. Some of the capital improvement projects, he said, were community facilities in west Anaheim, expansion of Brookhurst Community Center, improvements to the Haskett Library, a permanent west Anaheim Police facility, the west Anaheim youth center, design of the proposed east Anaheim library, remodel of the central library, cultural arts facility, development and improvements to Ross Park, Paul Revere Park, Maxwell Park, La Palma Park, Deer Canyon Park, Cottonwood Park, Delphi ball field, Imperial Park, athletic fields at Magnolia High School and skateboard parks at various locations throughout the City. City Manager Ruth stated that the proposed budget was unanimously endorsed by the Budget Advisory Commission on May 16, 2001. At 2:14 P.M., Finance Director, William Sweeney, proceeded to give the Council an overview of the budget. He said that the Resort revenue was around $3 million per year and that the budget included a very aggressive capital improvement program, particularly in west Anaheim. He noted that the budget was more detailed this year and had been well received by the Budget Advisory Commission. He said that there was a greater emphasis on departmental measures and performance measures and the large capital improvement was combined into the operating budget. A number of the changes in the budget this year, he said, were driven by the Governmental Accounting Standards Board. Director Sweeney spoke on the state of the economy and State of California and regional measures. He noted that since people would be paying higher bills to PG & E and Edison it would serve to depress spending and may affect the City. The Resort and Convention Center were showing positive indicators since hotel bookings were up, he said, and he believed that sales would moderate and not fall into a recession. He said that the majority of the increase in the general fund budget was in Police and Fire which represented about 59% of the gross budget and they received about 59% of the increase year over year. Mr. Sweeney referred to the power point presentation which was available in the City Clerk's Office. He gave an overview of how the general fund budget was divided and how the net draw worked based on inceming revenue. He noted that two thirds of the budget went for public safety and that was very typical in a city of the size of Anaheim and if a department generated less in revenue, that department would need more in general taxes. The transient occupancy tax took a dramatic jump from budget to budget due to the opening of the resort and a great part of that would go to pay the bonds, Lease Payment Measure Revenues. The largest incoming transfer to the general fund was the electric and water utility, he said. Seven percent was vehicle license fees, which were controlled by the State and allocated on a per capita basis and nine percent was other revenue. With regard to the vehicle license fees, he said, the State had back filled the rebates from the vehicle license fee with the State general fund. He noted that during the construction of the Resort, there was generally flat performance. In the current year, he said, there was a current authorized budget of $54.3 million and the year would be ended with about $56.8 million and it would jump up to $70 million next year based on current trends. At the end of the calendar year, there would be a switch from construction to debt service payment in the Resort area. Mr. Sweeney commented that the two thirds of the Lease Payment Measure Revenue was a Disney increment and the more money generated in the ANAHEIM CITY COUNCIL MEETING MINUTES JUNE 5, 2001 PAGE 3 LPMR, the quicker the bonds would be paid off. Mr. Sweeney said that the long-term over-all theory was to generate tax in the off-season through the Convention Center shows because the summer would take care of itself with the two theme parks. He believed that the economy would moderate. Council Member Tait asked if just the incremental sales tax of Disney would go to pay the debt service. Finance Director Sweeney said that the City had a base of which was 95 and the base ceuld be increased every year by current price index regardless of how the economy performed. Anything above that base, he said, went to pay bonds. Mr. Sweeney reported that property tax revenues were affected by the shift in ERAF monies that the State never gave back. He said that in the current year budget there was a projected $1 million of ERAF funds from the State. He said that the City had never budgeted ERAF because there was no way of telling and there would just be less money for capital improvement projects. Finance Director Sweeney said that the City had been on the low side of the Department of Motor Vehicle fees and if the State went into a slower growth period, this source of revenue would be impacted negatively. He said that business license taxes were flat taxes and there would be no movement there. Transfers coming into the general fund, such as electric, golf, sanitation, and water and gas were $4 million, and it was off-set by the exact amount in the general fund in terms of expenses. Finance Director Sweeney said that there was $3 million in community improvement funds and he said that Council received quarterly sales tax reports. In response to Council Member Tait, Director Sweeney said that the amount to be transferred over on the LPMR was $11.5 million and the following year it would wrap up for the full year at about $23 million. At 2:44 P.M., Assistant City Manager, David Morgan, presented the City Council budget (page 109 of the budget document) and the Administration Department budget (page 113 of the budget document). Mr. Morgan reiterated the five goals of the Council and explained the budget increase. He noted that the Council may want to provide policy direction to City staff and to citizen boards and commissions and act on recommendations at weekly Council meetings. He said that Council would continue to address housing needs in the community, based on Housing Authority recommendations and provide staff direction regarding the City's five year Capital Improvement Plan which would be presented at the next Council meeting. He added that Council would be allocating resources and ensuring a balanced financial plan by adopting the City's budget. Assistant City Manager Morgan explained that the primary staff to the Council was the City Administration Department which implemented the official policies of the Council by coordinating and managing City services to meet the needs of the residents, businesses and visitors in the City. He noted that the proposed Administration Department budget was $4,428,357 and was a decrease of $5,347. The Department consisted of City Manager's Office, Audit Division, Government and Community Relations, Public Information and Risk Management. City Manager's proposed fiscal budget was $1,170,627 which was a decrease of $38,886 from the current year due to reassignment of administrative support staff, he said. Some of the major initiatives covered in the City this year, he said, were the opening of the Anaheim Resort and the expanded Convention Center; continued community wide planning and improvement efforts in neighborhoods and major corridors; the City's first Cultural Plan and Library Master Plan were completed; the planning and acquisition in the development of several parks citywide; finalization of the some of the planning for community facilities in west Anaheim which would be _..... '_'"M__' __~,_,__..__~.._...._p ANAHEIM CITY COUNCIL MEETING MINUTES JUNE 5, 2001 PAGE 4 considered as part of the budget hearing and the privatization of golf maintenance and planning for the new clubhouse in Anaheim hills. He said that they had continued to do planning for future development in the Resort Area by adding hotel rooms and to a potential third theme park. He added that the general goals in the City Manager's office were to implement the Council's directives, including Council direction for the neighborhood improvements of the new Capital Plan, and to obtain potential new developers in the Anaheim Resort to insure full payoff in the investments made in that part of the City. He added that the City Manager's Office would continue to provide oversight and direction to City departments and daily delivery of City services consistent with the priorities and direction of the Council. Assistant City Manager Morgan explained the Audit budget, which was $844,981, was increased by $81,850 due to the City's continued emphasis on non reimbursed risk-based audits of the City's departments and systems. In the last year, he said. the Audit Division completed 60 audits and identified an estimated $3.5 million. Governmental Relations' budget was $436,806 which was a decrease from the current year, he said. He noted that Governmental Relations would be working with Caltrans on signage issues and would continue to address several legislative issues, including the protection of the City from housing, transient occupancy tax and other potential legislations that would have a negative impact on the City. Mr. Morgan explained that the Public Information Office had a proposed budget of $451,500 which was an increase of $87,000 over the current year and he explained the duties of the department, its accomplishments and its goals. Risk Management Department had a proposed budget of $1,521 ,443, which was a decrease of $112,207 due to labor hours as a budgeted increase in the current year for Cal OSHA requirements, which were determined to be unnecessary. Risk Management had accomplished saving the City almost $10 million through the implemented programs of that department, he said, and had maintained the lowest workers comp claims cost per employee of all medium and large size cities in California. Mr. Morgan explained the Fleet and Facilities budget and in response to Council Member Tait, Finance Director Sweeney said that the amount included the transfer of the Maintenance District from the Public Works Department to the Maintenance Department. Assistant City Manager Morgan offered to bring back written explanation and details to the Council. At 3:01 P.M., Mayor Pro Tem McCracken moved, seconded by Council Member Kring, to adjourn the Special Meeting. Motion carried unanimously. Mayor Daly absent. At 3:02 P.M., Mayor Pro Tem McCracken moved, seconded by Council Member Kring, to convene the regular meeting. Motion carried unanimously. Mayor Daly absent. At 3:02 P.M., City Clerk, Sheryll Schroeder, presented her budget (page 133 of the budget document) which focused on the following three programs: Official Records, Elections and Records Management. In response to Council Member Tait, City Clerk Schroeder said that the increase was due to the upcoming election in November, 2002. At 3:10 P.M., City Attorney, Jack White, presented his budget (page 127 of the budget document) and noted that the City Attorney department was divided into four functions which were Criminal Prosecution, Civil Office, Police Legal Advisor, and the Administration Unit. He noted that the Attorney's Office worked with the Police Department and Code Enforcement as a component of the Council's continued commitment to public safety, reduction in crime and quality of life for residents. He added that each of the prosecutors would handle approximately 1,300 cases this year and there were currently 212 active litigation cases. He believed that the City would save approximately $3.5 million this year by the use of its in-house legal staff. He noted that there would be a review and update of the entire Municipal Code this year, ~.",.~,... --~',.~,.~~ ANAHEIM CITY COUNCIL MEETING MINUTES JUNE 5, 2001 PAGE 5 completion of the taxi cab process, establishment of the standards for review of alcoholic beverage licenses and updating of the City's zoning regulations pertaining to lodging and boarding houses in residential areas, as well as assisting in the review and analysis of the proposed Disney Third Gate project. At 3:12 P.M., City Treasurer, Charlene Jung, presented her budget (page 137 of the budget document) and noted that the Treasurer's Office handled the investment of the City's portfolio and bond funds. She said that the Treasurer's Office prepared daily bank reconciliations, forecasted cash needs for investment purposes, managed several bond issues and reported invested funds in accordance with the State laws. She added that the Treasurer's Office administered the deferred compensation program currently valued at over $100,000,000 and she would generate significant revenues of over $45,000,000 in interest income and $200,000 in capital gains by the end of the fiscal year. In response to Council Member Tait, one fourth of the budget was for the deferred compensation program. At 3:20 P.M., Human Resources Director, David Hill, presented his proposed budget of $3,500,000 (page 199 of the budget document) and said that the Human Resources information program maintained all the automated and manual records on the 3,500 full time and part time employees. He said that Human Resources had conducted 183 recruitments to replace employees that had retired or left and they hired 119 full time employees and 319 part time employees. He noted that Human Resources had continued to implement a comprehensive training plan and an on-site bachelors degree program in organization management and a masters degree program in organizational leadership. He added that agreements had been met with the Anaheim Municipal Employees Association, Anaheim Police Association and the International Brotherhood of Electrical Workers as part of the employee relations program. In response to Council Member Kring, Director Hill said that the employee base was changing and he planned on hiring employees to replace retirements. He also responded to Council Member Tait by noting that there would be a long term savings due to the intranet system by reducing phone calls which would allow for employees to provide self service. Mr. Hill estimated that there would be a savings with the intranet but it was too early to tell how much. At 3:36 P.M., Finance Director, William Sweeney, presented his proposed budget of $19,429,000 (page 203 of the budget document) and said that his department was responsible for directing and managing all of the financial activities of the City, including general accounting, budget preparation and administration, preparation of the City's financial statements, accounts payable, payroll, administration of the City's outstanding debt and billing and collection of miscellaneous receivables. He explained that Finance was responsible for providing services to other City departments, including Information Services, Purchasing, Central Warehouse, Reprographics, Mail Services, Business Licenses and Collections. He added that this would be the first year that Finance would be paying the debt service on the Anaheim Resort construction bonds. He listed the accomplishments of the Department and goals, one of which was to implement the Enterprise Resource Planning System to replace the City's existing financial, payroll, budget and human resources information systems. In response to Council Member Tait, Mr. Sweeney said that the amount was budgeted to the Resort debt service bonds and was rolled up into the accounting section, and everything to do with the Resort and the Mello Roos financings were included in the proposed budget. Other City debt service and the proprietary funds were listed there, he said, and that was the general debt of the City. At 3:41 P.M., Planning Director, Joel Fick, presented his proposed budget with an increase of 2.6 %. He said that revenues were primarily derived from fees and block grant allocations and all programs were balanced. Nine general plan amendments had been completed, 16 zone changes and close to 100 conditional use permits and variances, he said, and there was .,.. ANAHEIM CITY COUNCIL MEETING MINUTES JUNE 5, 2001 PAGE 6 $247,000,000 in new building construction this year. He added that close to 9,000 unpermitted signs and 5,500 abandoned shopping carts had been removed. Recently renovated properties included the Portofino Inn and Suites, Extended Stay America and the Annabella Inn, presently under construction were the Holiday Inn and Stay Bridge Inn and Suite and he believed that Point' Anaheim should be in hearings this summer. He noted that free-standing signs were being replaced by monument signs and had been recognized by a State American Planning Association Award last June. He said that the Grand Californian and Downtown Disney had opened this year and that a third theme park was on the horizon with the environmental impact and amendment to the specific plans currently under review with completion and circulation this summer and public hearings to follow in the fall. He added that Trammel Crow planned on constructing the Arena Corporate Center and they would be closing escrow soon. The Festival shopping center would expand, he said, and he expected that the developers of the Maag Ranch property would file soon. He added that the Irvine Company's 3,200 acre property would be undergoing additional site planning this fiscal year. In response to Council Member Tait, Director Fick believed that graffiti removal was adequately funded since Planning had received assistance in funding from the Council. He said that funds in the approximate amount of $40,000 were transferred from the Community Block Grant Program and he believed that was sufficient. In response to Mayor Pro Tem McCracken, Director Fick said that the Department had been able to keep up with the amount of graffiti in the City and the complaints had not been as active as they had been. He believed that it was at a manageable level but that it went in waves. Council Member Feldhaus commended on the VIP volunteers and asked how many $500 rewards were paid out. Planning Director Fick said that, according to Code Enforcement Supervisor, John Poole, there had not been any requests for the rewards in the last six months. Director Fick said that they would be working with Public Information to find better ways to publicize it. Weekend Code Enforcement was a great supplement to staff and he believed that there had been 1,000 unpermitted signs removed, about 550 abandoned shopping carts removed and literally hundreds of violations addressed. Director Fick believed that with such a small amount of people, it was a very high return to the City. In response to Council Member Feldhaus about the taxicabs, Director Fick said he would work with the City Manager's Office in looking at the Police that were permanently assigned in the Resort Area to check into the taxicabs instead of Code Enforcement. In response to Council Member Feldhaus' inquiry about the taxicabs being a Police or Code Enforcement responsibility, City Manager Ruth stated that they were in the process of preparing a report and recommendation back to the Council. City Manager Ruth concluded the departmental presentations. Mayor Pro Tem McCracken opened the public hearing on the 2001/02 Budget and asked for public comment. Hearing no public testimony, she moved to continue the public hearing to Tuesday, June 12, 2001, at 2:00 P.M., seconded by Council Member Kring. Motion carried unanimously. Mayor Daly absent. ADDITIONS/DELETIONS TO CLOSED SESSION: None. PUBLIC COMMENTS - CLOSED SESSION ITEMS: None. --"~...._._-_.- ANAHEIM CITY COUNCIL MEETING MINUTES JUNE 5, 2001 PAGE 7 Mayor Pro Tem McCracken moved to recess to Closed Session, seconded by Council Member Kring. Motion carried unanimously. Mayor Daly absent. The Council recessed to Closed Session at 3:15 P.M. 1. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6: Agency designated representative: David Hill Employee organization: Anaheim Fire Association. 2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9 of the Government Code) Name of case: Kord Group v. The Fieldstone Company, et aI., Orange County Superior Court Case No. 76-32-58. 3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9 of the Government Code) Name of case: City of Anaheim v. Pacific Bell, Orange County Superior Court Case No. OOCC07829. 4. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - Initiation of litigation pursuant to subdivision @ of Section 54956.9 of the Government Code: one potential case. (Subdivision (a) of Section 54956.9 of the Government Code) Name of case: Kord Group v. The Fieldstone Company, et aI., Orange County Superior Court Case No. 76-32-58. AFTER RECESS: PRESENT: Mayor Pro Tem Shirley McCracken and Council Members Frank Feldhaus, Lucille Kring and Tom Tait ABSENT: Mayor Tom Daly. STAFF PRESENT: City Manager Jim Ruth, City Attorney Jack White, City Clerk Sheryll Schroeder, Traffic and Transportation Manager John Lower, Police Captain Stephen Sain, Public Works Civil Engineer Natalie Meeks, Planning Director Joel Fick, Zoning Division Manager Greg Hastings. Mayor Pro Tem Shirley McCracken called the regular Council meeting of June 5, 2001, to order at 5:10 P.M. and welcomed those in attendance. INVOCATION: David Lewis, Western Avenue Church of Christ FLAG SALUTE: Mayor Pro Tem Shirley McCracken 119 PROCLAMATIONS AND DECLARATIONS: Zoning Division Manager Greg Hastings introduced the student ambassadors to Mito, Japan. Mayor Pro Tem McCracken introduced the 2001 Cinco de Mayo Queen, Christina Prieto. Linda Prieto presented the City of Anaheim with a plaque expressing thanks for the support of the Cinco de Mayo festivities on its 30lh Anniversary. '""T"" ..- -------.. _... ANAHEIM CITY COUNCIL MEETING MINUTES JUNE 5, 2001 PAGE 8 Special recognitions to be presented at a later date were: a proclamation recognizing June 4, 2001 - June 8, 2001, as Management Week in Anaheim; a proclamation recognizing June 2001 as American Society of Safety Engineers Safety Month; a declaration recognizing the very Reverend John E. Constantine, Archimandrite, St. John the Baptist Greek Orthodox Church; a proclamation recognizing June 3, 2001 - June 10, 2001, as National Homebuyers Week and a declaration recognizing the YMCA on its 150'h anniversary. At 5:26 P.M., Mayor Pro Tem Shirley McCracken recessed the City Council meeting until after the Redevelopment Agency meeting. Mayor Pro Tem Shirley McCracken reconvened the City Council meeting at 5:31 P.M. ADDITIONS/DELETIONS TO THE AGENDA: None. PUBLIC COMMENTS: James Robert Reade, 100 Midway Drive, Space 124, addressed concerns pertaining to police officers. Jim Brillion, 1510 East Appleton, Long Beach, said his family lived at 1803 West Victoria Street and he voiced concerns regarding the loss of his father due to commercial truck traffic in the residential area of Broadway west of Euclid Street. He asked Council if the local traffic laws could be changed. Elizabeth O'Neal, 1803 West Victoria, sister of Mr. Brillion, spoke on the gathering of names for a petition to improve public safety near the intersection of Broadway and Euclid. Mayor Pro Tem McCracken expressed condolences over the death of Mr. Brillion's father and asked staff to address the issue of commercial truck traffic in that area. She added that the City could change local ordinances but it was difficult to change State ordinances. Mayor Pro Tem McCracken moved to waive reading in full of all ordinances and resolutions, seconded by Council Member Kring. Motion carried unanimously. Mayor Daly absent. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR A1 - A47: On motion by Mayor Pro Tem McCracken, seconded by Council Member Kring, the following items were approved in accordance with the reports, certifications and recommendations furnished each Council Member as listed on the Consent Calendar. Unanimously approved as recommended. Mayor Daly absent. A1. Receive and file the minutes of the Mother Colony House Advisory Board meeting held March 2, 2001; minutes of the Anaheim Workforce Investment Board meeting held March 8, 2001; minutes of the Anaheim Park and Recreation Commission meeting held March 28, 2001 and April 25, 2001; minutes of the Anaheim Public Library Board meeting held April 4, 2001; minutes of the Public Utilities Board meeting held April 5, 2001; minutes of the Budget Advisory Commission meeting held April 18, 2001; minutes of the Golf Advisory Commission meeting held April 26, 2001; Anaheim Police Department's Crime and Clearance Analysis Report for April, 2001; Federal Energy Regulatory Commission correspondence dated May 16, 2001; and the Monthly Financial Analysis presented by the Finance Director for eight months ended February 28, 2001. 105 156 173 128 118 A2. Reject certain claims filed against the City. . ~"'---"-----,......... ._-,~---~._..~--","...- ....-.--.-.. 158 A3. A4. 123 179 A5. 169 A6. 169 A7. 123 A8. O A9. 17 A10. 175 175 A11. 175 A 12. A13. 123 158 A14. ANAHEIM CITY COUNCIL MEETING MINUTES JUNE 5, 2001 PAGE 9 Approve and authorize the Mayor and City Clerk to execute the Settlement Agreements and General Release of All Claims for 1168 and 1176 West Katella Avenue, Phase II Katella Avenue Improvement and Beautification project (R/W 5180-76 &77). Approve and authorize the Mayor and City Clerk to execute the First Amendment to Agreement with CH2M Hill to prepare and complete the Combined West Anaheim Sanitary Sewer Deficiency Study and a Financial Implementation Plan and Program for Sanitary Sewers within the West Anaheim Area in an additional amount of $15,000 for ancillary engineering services on a time and materials basis at the discretion of the City Engineer. Approve Negative Declaration to close La Verne Street at Harbor Boulevard and install a pedestrian traffic signal. Award the contract to the lowest responsible bidder, R.J. Noble Company, in the amount of $430,134.81 for the Euclid Street Improvements at La Palma Avenue to Westmont Drive and approve and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retention. Award the contract to the lowest responsible bidder, Excel Paving Company, in the amount of $248,236.60 for the Weir Canyon Street Improvements, Santa Ana Canyon Road to Monte Vista Street, and approve and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retention. Approve Agency-State Agreement for the Federal Aid Projects No. 12-5055, Program Supplement No. M084, for the Weir Canyon Road Street Improvement Project from Santa Ana Canyon Road to Monte Vista Road. Approve and authorize the Mayor and City Clerk to execute the Final Map and Subdivision Agreement of Tract No. 15861 located at Lakeview Avenue and Peralta Hills Drive. Award the contract to the lowest responsible bidder, AD General Engineering Construction Inc., in the amount of $282,880 for the Vine Street water main replacement and approve and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. Award the contract to the lowest responsible bidder, General Pump Company, Inc., in the amount of $272,000 for miscellaneous electric motor replacements Fiscal Year 2000/01 and approve and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retention's. Award the contract to the lowest responsible bidder, General Pump Company, Inc., in the amount of $203,420 for well destructions. Fiscal Year 2000/01 and approve and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retention's. Approve the Program Supplement Agreement No. M083 for Federal Aid Project No. 12-5055 for the Safe Route to School Project. Approve and authorize the Mayor and City Clerk to execute the Agreement for Acquisition of real property located at 424 North Anaheim Boulevard and the Grant Deed for sale of said real property. _..~.-.<...~.._-_. .---------,-..--...-- ,,_._._".-.--,,-.' 175 A15. A16. 160 176 A17. ANAHEIM CITY COUNCIL MEETING MINUTES JUNE 5, 2001 PAGE 10 Award the contract to the lowest responsible bidder, ARA Engineering Contractor, in the amount of $1,134,630 for the construction of water well #51 site improvements and water main project and approve and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retention's. Waive Council Policy No. 306 and authorize the Purchasing Agent to issue a purchase order to Advanced Control Systems c/o Matzinger-Keegan, Inc., in the amount of $68,795 (including tax) for distribution and substation automation equipment. RESOLUTION NO. 2001R-122 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM declaring its intention to vacate certain public streets, highways and service easements and setting a date and time to consider the abandonment of two electrical utility easements located generally north of Lakeview Avenue and northwest of Peralta Hills Drive (Abandonment No. ABA2001-00033). Abandonment No. 2001-00033 set for public hearing July 10, 2001, at 6:00 P.M. RESOLUTION NO. 2001R-123 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM declaring its intention to vacate certain public utility easements and setting a date and time to consider the abandonment of various public utility easements and facilities located within Tract No. 11830 near the northeast corner of Lincoln Avenue and Beach Boulevard (Abandonment No. 96-6A). Abandonment No. 96-6A set for public hearing July 10, 2001, at 6:00 P.M. 176 A18. 113 A19. A20. 160 160 A21. 123 A22. 160 A23. 160 A24. RESOLUTION NO. 2001R-124 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the destruction of certain City records more than two years old (Finance Department). Waive Council Policy No. 306 and authorize the Purchasing Agent to issue a purchase order to TX RX Systems, Inc., in the amount of $26,092 (plus applicable taxes and shipping), for three communications signal boosters for the Police Department. Waive Council Policy No. 306 and authorize the Purchasing Agent to issue a purchase order for the period of July 1, 2001 through June 30, 2002, with three one year optional renewals, to Xerox Corporation in an amount not to exceed $75,000 (including applicable taxes) for Xerox 4024DP white bond paper for the Reprographics Division of the Finance Department. Accept the bid and authorize the execution of an agreement with West Coast Arborists, Inc., in an amount not to exceed $254,450 for physical inventory services and a computer management system for the Urban Forestry Program, all in accordance with Bid #6121. Accept the bid of Dooley Enterprises, Inc. in an amount not to exceed $150,378 per year (tax inclusive) for Winchester ammunition for the Police Department for the period of July 1, 2001 to 'June 30, 2002, with three one year optional extensions, and authorize the Purchasing Agent to execute any renewal options in accordance with Bid #6130. Accept the low bid of Palmer Snyder Furniture Company, Inc., in the amount of $98,950 (excluding tax) for seven hundred fifty tables and thirty carts for the Convention Center in accordance with Bid #6133. 160 A25. 160 A26. 160 A27. 160 A28. 160 A29. A30. 160 160 A31. 160 A32. A33. 160 160 A34. A35. 123 160 A36. ANAHEIM CITY COUNCIL MEETING MINUTES JUNE 5, 2001 PAGE 11 Accept the low bid of R. W. Smith & Company in the amount of $37,356.25 (tax inclusive) for Jack the Ripper Company, tableskirting for the Convention Center in accordance with Bid #6134. Accept the bid of SCS Flooring Systems in the amount of $44,087 (tax inclusive) for carpet tile for the Convention Center in accordance with Bid #6135. Accept the low bid of Ametron in the amount of $23,267 (excluding tax) for sound equipment for the Convention Center in accordance with Bid #6136. Accept the bid of Ace Metals, in the amount of $20,935.84 (tax inclusive) for Diamond Plate for the Convention Center in accordance with Bid #6141. Accept the low bid of Related Visual, Inc., in the amount of $26,445 (tax inclusive), for twenty Sound Craft Lecterns for the Convention Center in accordance with Bid #6142. Accept the low bid of ASSI Security, Inc., in the amount of $109,235 (tax inclusive), for the replacement and upgrade of the parking system equipment for the Anaheim Convention Center Car Park 2 in accordance with Bid #6143. Accept the low bid of Roy Allan Slurry Seal, Inc., in an amount not to exceed $339,567 per year (tax inclusive), for quickset emulsion aggregate slurry for the Public Works Department, Streets and Sanitation Division, for the period of June 1,2001 to May 31,2002, with three one year optional extensions and authorize the Purchasing Agent to execute any renewal options in accordance with Bid #6146. Accept the low bid of Hertz Equipment Rental Corporation in the amount of $126,335 (excluding applicable taxes) for a one hundred-foot boom lift in accordance with Bid #6151. Accept the bids of Air Products and Chemicals, Inc. in an amount not to exceed $27,814 (excluding tax) for L.OX Liquid Oxygen in accordance with Bid #6159; Western States Chemical, Inc., d.b.a. G.W. International in an amount not to exceed $133,177 (excluding tax) for Sodium Hypochlorite in accordance with Bid #6161 and Commerce Chemical Company in an amount not to exceed $30,245 (excluding tax) for Aluminum Sulfate, in accordance with Bid #6162, as required for the period of July 1, 2001 through June 30, 2002, with three one year optional renewals and authorize the Purchasing Agent to exercise the renewal options for Public Utilities. Accept the low bids from Heli-Mart, Inc., and Rolls Royce Gear Systems for purchase orders in the amounts not-to-exceed $200,000 and $40,000, respectively, for helicopter replacement parts for a period of one year beginning July 1, 2001 with three one year options to renew and authorize the Purchasing Agent to exercise the optional renewals in accordance with Bid #6166. Accept the bid of Pak West Paper & Packaging in the amount of $27,021.90 (excluding tax) for a one year blanket agreement, with three one year optional renewals, for Johnson Wax and Cleaning Products for the Convention Center and authorize the Purchasing Agent to execute the options to renew in accordance with Bid #6168. Accept the low bid of Vision Communications Company in the amount of $64,472.50 (excluding applicable taxes) for Motorola radios and accessories for the Convention Center in accordance with Bid #6169. .---...---- ---~--~,_...,-"'--_.-.- 160 A37. 2 A38. 1 3 182 A39. 106 MO. M1. 123 M2. 106 123 M3. M4. 123 106 M5. M6. 123 114 M7. ANAHEIM CITY COUNCIL MEETING MINUTES JUNE 5, 2001 PAGE 12 Accept the low bid of Southwest Power, Inc., in the amount of $30,147.66 (excluding tax) for 69kV Heat Shrink Splices for the Utilities Warehouse in accordance with Bid #6171. Approve and authorize the Public Utilities General Manager to execute the Consulting Services Agreement between the City and Burns & McDonnell to conduct an Electric System Planning Study at a cost not to exceed $662,918. Ratify the Executive Director's completion and submission of applications to the United States Department of Labor for Disability Information Technology Initiative Implementation and Sectoral Initiative Formation grants. Approve an amendment to the Community Development Department Fiscal Year 2000-01 budget by increasing estimated revenues by $31 ,850,000 and by increasing appropriations by $16,737,000 to reflect increases in the Redevelopment Agency Housing Set-Aside funds. RESOLUTION NO. 2001 R-125 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving and authorizing the execution of a Cooperation Agreement by and between the City of Anaheim and the Anaheim Redevelopment Agency for the provision of public improvements and making certain findings in connection therewith for Imperial Highway Beautification and Underground Project. Approve an amendment to the Community Development Department Fiscal Year 2000-01 Budget by increasing revenues and expenditures by $261,993, to reflect Workforce Investment Act increases. Accept the low bid from epixtech, inc. and authorize the Community Services Director to negotiate a contract for providing all hardware and software equipment, installation, and training in the amount not to exceed $296,978.11 and to negotiate a yearly maintenance agreement not to exceed $56,264 with an allowance for inflation for an Integrated Library System and related services in accordance with Bid #01. Approve an agreement with LandTime, Inc. in an amount not to exceed $158,970, for consulting services to provide Geographic Information System services to the Planning Department. Amend the Police Department's Fiscal Year 2000/01 budget by increasing revenues and expenditures in the 105 Fund by $865,284 for the additional police officers at the Disney Resort. Approve an agreement with the County of Orange to pay overtime services for gang violence suppression officers. Approve minutes of the Council meetings held on May 8, 2001 and May 15, 2001. END OF CONSENT CALENDAR 172 M8. Receive information and consider policy direction for the SR-91 freeway toll road status (Requested by Council Member Tait at the Council meeting May 15, 2001). John Lower, Transportation Manager, spoke regarding the segment of Route 91 and said that staff was asked to look at the activities of the State, Orange County Transportation "~^_."_.._~_..._". -.-'--..-.,".-...----.,", ANAHEIM CITY COUNCIL MEETING MINUTES JUNE 5, 2001 PAGE 13 Authority and City of Corona. Mr. Lower said that with regard to State activities, there were three bills under consideration, all of which were currently in the suspense file. Under the OCTA activities, he said, they had adopted a motion to aggressively move forward with improvements on the 91 Freeway in lieu of looking at an alternative parallel corridor connecting the Inland and Orange Counties. He said that they were consistent with the Four Corner Study which added two toll lanes and extended them out to the 1-15. Mr. Lower reported that the City of Corona had filed a claim against Caltrans. Council Member Tait noted that he had asked that this item be placed on the agenda because of the City of Corona's claim. He said that he felt that the congestion did not only affect Corona but also Anaheim and he did not see anything happening. He believed that the freeway should be doubled in size to handle the planned congestion in the next twenty years. He said if aCTA continued to do nothing, it would have a severe impact on housing and arterial roads in the City. Council Member Tait directed staff to prepare a resolution asking the Orange County Transit Authority to solve congestion on the 91 Freeway and work with the County of Riverside and the State of California to solve congestion problems. Mayor Pro Tem McCracken believed that something was being done. She said that Orange County Transit Authority had been very aggressive in attempting to work with Riverside and the owners of the Toll Lanes and she added that they were looking at all options. She agreed with Council Member Tait that a resolution of support from the City should be prepared. Council Member Feldhaus was in support of the effort. Council Member Kring asked Traffic and Transportation Manager John Lower if the road being considered was to be tunneled under the Cleveland National Forest. Mr. Lower responded that a parallel facility was the key to the ultimate solution. Council Member Tait added that OCTA should maximize their right of way and put in as many lanes as possible on the 91 Freeway. Council Member Kring commented that there should be a push for high-speed buses. At 5:55 P.M., Mayor Pro Tem McCracken moved, seconded by Council Member Kring, to recess the Anaheim City Council meeting and to reconvene at 6:00 P.M. for public hearings. Motion carried unanimously. Mayor Daly absent. Mayor Pro Tem Shirley McCracken reconvened the City Council meeting at 6:02 P.M. 6:00 P.M. PUBLIC HEARINGS: C1 PUBLIC HEARING: To consider a resolution to establish certain fees relating to massage 142 establishments and massage technicians to cover the cost of administration of Chapter 4.29 of the Anaheim Municipal Code. City Attorney, Jack White, stated that this was phase two of the recent Council action. He said that the resolution established fees for operator/technician permits and added that by Sate law, a public hearing was required when this type of fee was adopted. ANAHEIM CITY COUNCIL MEETING MINUTES JUNE 5, 2001 PAGE 14 Mayor Pro Tem McCracken opened the public hearing and receiving no public testimony, closed the public hearing. Mayor Pro Tem McCracken offered Resolution No. 2001R-126 for adoption. RESOLUTION NO. 2001R-126 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ADOPTING CERTAIN FEES TO COVER THE COSTS OF ADMINISTRATION OF CHAPTER 4.29 OF TITLE 4 OF THE ANAHEIM MUNICIPAL CODE REGULATING MASSAGE ESTABLISHMENTS. Roll call vote: Ayes - 4. Noes - O. Mayor Daly absent. Motion carried. C2. PUBLIC HEARING: To consider the abandonment of that dedicated parking area at the 176 southerly terminus of Paradise Street southerly of Balsam Avenue. At their meeting held May 1, 2001, ItemA11 , the Anaheim City Council adopted Resolution No. 2001 R-1 09 declaring its intention to vacate certain public streets, highways, and service easements and to consider abandoning that dedicated parking area at the southerly terminus of Paradise Street southerly of Balsam Avenue. (Abandonment No. 99-20A). (Continued from Council meeting of May 1, 2001, ItemA11 ). REQUESTED BY: Vietnam Ministries, Inc., 1100 N. Paradise Street, Anaheim, CA 92803 Public Works Civil Engineer, Natalie Meeks, explained that the property was a parking area which had been dedicated to the City quite some time ago and appeared to serve a homeowner association recreational area. She stated that the homeowner association then sold the property to a Church, which had operated on the site for some time. The Church would like to abandon the area and acquire it for parking to serve the Church property. She said that as a condition for the abandonment, the City required that the Church complete the cul-de-sac at the end of the street and they had obtained quitclaims from other adjacent property owners who may have had access to the property in the past. She said that staff recommended approval of the abandonment. Mayor Pro Tem McCracken opened the public hearing and receiving no public testimony, closed the public hearing. Mayor Pro Tem McCracken moved to approve the CEQA FINDNG Environmental Finding of Categorically Exempt, Class 5, seconded by Council Member Kring. Motion carried unanimously. Mayor Daly absent. Mayor Pro Tem McCracken offered Resolution No. 2001 R-127 for adoption. RESOLUTION NO. 2001R-127. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING ABANDONMENT NO. 99-20A. Mayor Pro Tem McCracken moved to approve and authorize the Mayor and City Clerk to execute the Land Sale Agreement, seconded by Council Member Kring. Motion carried unanimously. Mayor Daly absent. Mayor Pro Tem McCracken moved to approve the Quitclaim Deed, seconded by Council Member Kring. Motion carried unanimously. Mayor Daly absent. .- --"''''--- -~._,_.__.~. 155 179 170 ANAHEIM CITY COUNCIL MEETING MINUTES JUNE 5, 2001 PAGE 15 C3. PUBLIC HEARING - GENERAL PLAN AMENDMENT NO. 2001-00388 RECLASSIFICATION NO. 2001-00043 VARIANCE NO. 2001-04437 EXEMPTION TO ENGINEERING STANDARD DETAIL NO. 122 TENTATIVE TRACT MAP NO. 16181 REQUEST FOR CITY COUNCIL REVIEW AND NEGATIVE DECLARATION: OWNER: Orange County Water District, Attn: Mr. Don Jackson 10500 Ellis Avenue, Fountain Valley, CA 92728 AGENT: BV Engineering, Attn: Jim Pedergast, One Corporate Park, Suite 101, Irvine, CA 92606 LOCATION: 2901 East South Street. This irregularly-shaped, approximately 1.04-acre property has a frontage of feet on the north side of South Street, and is located 130 feet east of the centerline of Westgate Drive. Petitioner requests approval of the following: General Plan Amendment No. 2001-00388: An amendment to the Land Use Element of the General Plan Map to redesignate this property from Open Space to the Low-Medium Density Residential designation. Reclassification No. 2001 - 00043: To reclassify the subject property from the RS-A- 43,000 (Residential/Agricultural) Zone to the RS-5000 (Residential, Single Family) Zone. Variance No. 2001-04437: Waiver of minimum private street standards to establish a five lot single family residential subdivision. Tentative Tract Map No. 16181: to establish a five lot single family residential subdivision. ACTION TAKEN BY THE PLANNING COMMISION: Recommend adoption of Exhibit A to City Council for GPA No. 2001-00388 (PC2001-47). (6 yes votes, Commission Boydstun absent). Reclassification No. 2001-00043 granted (PC2001-47). Exemption to Engineering Standard Detail No. 122 approved. Tentative Tract Map No. 16181 approved. Recommended City Council review. Negative Declaration approved. (Continued from Council meeting of May 1, 2001, Item B5). Zoning Division Manager Greg Hastings, explained that the General Plan Amendment required final action by the Council and that the property was designated for open space on the General Plan. Although it was completely surrounded by existing single family to the west and an apartment complex to the north and east, the applicant requested a general plan redesignation to low medium density residential to allow for up to eighteen units per acre. He said the average lot size for the development would be over 9,000 square foot gross. No zoning code waivers were necessary for the division and the Public Works Department recommended approval of the request for waiver of the Engineering Standard pertaining to the width of the private street, he said. Staff felt that the subdivision would be a good transitional use between the existing apartments and the single family residences, he said, and recommended approval of the request. Council Member Feldhaus asked if staff was recommending approval of the variance, which had been denied by the Planning Commission and Mr. Hastings responded that staff supported what the Planning Commission had done. He said that the variance was denied because it was determined not to be necessary for the project. He added that the variance was not necessary ANAHEIM CITY COUNCIL MEETING MINUTES JUNE 5, 2001 PAGE 16 and there was a waiver of the private street standard, which the Planning Commission approved separate from the variance. Mayor Pro Tem McCracken opened the Public hearing. Phillip Anthony, Director of the Orange County Water District, 10500 Ellis Avenue, Fountain Valley, spoke in favor of the General Plan. He said that the Board felt better having City approval of the zoning before it was put on the market. He said the Water District had a number of parcels in the City and when those parcels became no longer necessary for the Districts' purposes of supplying ground water, it was then their obligation to put them back on the tax rolls and back to some other use. Terry Clauson, 602 Westgate, expressed his concern for being kept informed about changes in the neighborhood. He asked if this meant that the buyer would be limited to five homes on the property and he said that he and the neighbors would like to see the cul-de-sac against the riverbed cleaned up. He said right now it was a mess and the neighbors appreciate if there would be a limit of only five homes. Teddie Mack, resident in the area, expressed her appreciation to the Water District for taking in the concerns of the existing residents and expressed concerns about the cul-de-sac mess. She brought up the issue about two trees that needed to be cut down. Phillip Anthony stated that the Water District was still an immediate neighbor to the property. He said that the District conditioned the sale of the property and he had discussed all of these issues with Irv Pickler, the City's Water District Representative. He said that they were all concerned to do anything that they could to support the neighbors and the City. Council Member Feldhaus asked if there was a requirement to replace any trees on the property and Zoning Division Manager Hastings responded that it had not been reviewed. He said that he would refer the item to the Community Services Department and Park Director and they could look into this and evaluate the trees. Mayor Pro Tem McCracken closed the public hearing. Mayor Pro Tem McCracken asked if the density would change and Zoning Division Manager Hastings answered that once the tract map was finalized, it would establish the five lots and those lots would be the existing lots of record. He added that since there was County and City property involved, Public Works could discuss it with County staff and Water District and look at the clean up issue. Mayor Pro Tem McCracken moved to approved the CEQA Environmental Finding of Negative Declaration, seconded by Council Member Kring. Motion carried unanimously. Mayor Daly absent. Mayor Pro Tem McCracken offered Resolution Nos. 2001R-128, 2001 R-129 and 2001 R-130 for adoption. RESOLUTION NO. 2001R-128 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO THE LAND USE ELEMENT OF THE ANAHEIM GENERAL PLAN DESIGNATED AS AMENDMENT NO. 2001-00388 (EXHIBIT "A"). ANAHEIM CITY COUNCIL MEETING MINUTES JUNE 5, 2001 PAGE 17 RESOLUTION NO. 2001R-129 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING THAT THE ZONING MAP REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE CHANGED. (RECLASSIFICATION 2001- 00043.) RESOLUTION NO. 2001R-130 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING VARIANCE NO. 2001-04437. Roll call vote on all three resolutions: Ayes - 4, Noes - 0, Absent - Mayor Daly. Motions carried. Mayor Pro Tem McCracken moved to approve the Exemption to Engineering Standard Detail No. 122, seconded by Council Member Kring. Motion carried unanimously. Mayor Daly absent. Mayor Pro Tem McCracken moved to approve Tentative Tract Map 16181, seconded by Council Member Kring. Motion carried unanimously. Mayor Daly absent. Report on Closed Session Actions: None Council Communications: Council Member Kring congratulated all the High School Graduates. Council Member Feldhaus reminded everyone that the annual Flag Day ceremony would be held Sunday, June 10, 2001, in downtown Anaheim in front of Disney Ice and the admission was free. Mayor Pro Tem McCracken commented that Anaheim ranked twentieth in the nation as a safe City, as reported by the Federal Bureau of Investigation in crime statistics. She congratulated the Police Department. Adjournment: There being no further business to come before the City Council, Mayor Pro Tem McCracken adjourned the meeting at 6:30 P.M. to June 12, 2001, at 2:00 P.M. for the 2001/2002 budget presentations. Respectfully submitted: ;t2hv;'- rzY~~_ith-- Sheryll Schroeder, CMC/AAE City Clerk . ~'~_.'.._....,.....m__. _-__,_'_.,,~_".,........~.__ .~,_._~__,..,.,...~.~._.__~~___._