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2004/07/13 ANAHEIM, CALIFORNIA - CITY COUNCIL ADJOURNED REGULAR MEETING July 13, 2004 The City Council of the City of Anaheim met in adjourned regular session. The Notice of Adjournment was posted at 3:00 P.M. on July 13, 2004 on the exterior door of the Anaheim Council Chambers, announcing the adjournment to 5:00 P.M. due to a lack of quorum. PRESENT: Mayor Curt Pringle, Council Members: Richard Chavez, Bob Hernandez, Shirley McCracken and Tom Tait. STAFF PRESENT: City Manager David Morgan, City Attorney Jack White, and City Clerk Sheryll Schroeder. A copy of the agenda for the meeting of the Anaheim City Council was posted on July 9, 2004 at the City Hall outside bulletin board. Mayor Pringle called the adjourned regular meeting to order at 5:19 P.M. in the Council Chambers of the Anaheim City Hall, 200 South Anaheim Boulevard and welcomed those in attendance. INVOCATION: Pastor Dick Summer, Knott Avenue Christian Church FLAG SALUTE: Council Member McCracken PRESENTATIONS: Recognizing participants in the Mills Act Program. Elisa Stipkovich, Executive Director of Community Development Department, introduced participants in the Mills Act Program, stating the program offered property tax benefits for property owners restoring historical buildings. She announced there were 21 restored properties now eligible for the program in the downtown area, and that overall, 1,100 properties could be eligible upon restoration. Mayor Pringle recessed the Anaheim City Council to call to order the Anaheim Redevelopment Agency at 5:27 P.M. and reconvened the Council meeting at 5:38 P.M. ADDITIONS/DELETIONS TO THE AGENDA: None PUBLIC COMMENTS: Fred Snow, resident, related high speed driving concerns, noise pollution and other safety issues for pedestrians on Harbor Boulevard. Mayor Pringle responded that the City was looking at various traffic issues in the Sycamore area around Pearson Park and he had requested staff broaden that investigation by looking at Harbor Boulevard, Lincoln, Broadway and Anaheim Boulevard as well. The Mayor indicated that staff analysis and discussion was now underway and at the conclusion a report would be provided to Council. City Manager David Morgan indicated Council had recently approved an agreement with a consultant to provide outside I ANAHEIM CITY COUNCIL MEETING MINUTES JULY 13, 2004 PAGE 2 expertise to assist staff at looking at those issues. Mr. Snow thanked Mayor Pringle for his response and interest in the problem. Kathy Wright voiced concerns regarding Anaheim Police Department policy relating to traffic accidents occurring on private property. City Manager David Morgan would have staff research the issue and provide Council with a report the following week. James Robert Reade conveyed Police Department concerns. Sandra Wyle, resident, articulated neighborhood parking problems at Sycamore and State College impacted by a commercial business occurring at that location and requested Council's assistance. A map of the surrounding neighborhood and photographs of the parking impacts were submitted. Mayor Pringle requested staff review the situation and provide a report to Council. Norma Frieze, resident, also addressed the parking problem at Sycamore and State College, providing a history of the neighborhood's concerns and attempts to resolve the problem. Marie Avila, resident, added her voice to the parking concerns previously identified and requested Council's assistance in a solution. David P. Silva, Democratic candidate for member of the State Assembly 6ih District, introduced himself, providing a brief biography and identifying his priorities, if elected. Alma Ramirez addressed various issues. CONSENT CALENDAR: Council Member Tait indicated he would abstain on Items A2 and A 14 due to a potential conflict of interest as his company had conducted business in the past with these firms and requested Item A 19 be removed for further discussion. Council Member Chavez removed Item A22 for discussion. Council Member Hernandez moved approval of Consent Calendar Items A 1- A26, seconded by Council Member Tait to waive reading in full of all ordinances and resolutions and to approve the following in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar. Roll Call vote: Ayes - 5; Mayor Pringle, Council Members: Chavez, Hernandez, McCracken and Tait. Noes - O. Motion carried. C118 A1. Reject certain claims filed against the City. F130 A2. Receive and file Southern California Gas Company's Notice to Customers of Proposed Rate Increase, Application No. 04-06-025 and minutes of the Public Library Board meeting held May 10, 2004. Council Member Tait abstained. #3033 A3. Accept the low bid of Servicon Systems, Inc., in an amount not to exceed $404,843, for pressure washing service for a period of two years with three one-year renewal options D160 D160 D160 D128 #3034 ~2991 .2 #3035 #3036 t2990.4 #3037 #3038 I ANAHEIM CITY COUNCIL MEETING MINUTES JULY 13, 2004 PAGE 3 and authorize the Purchasing Agent to execute the renewals in accordance with Bid #6476. A4. Accept the low bid of Quinn Power Systems Associates, Inc., in the amount of $174,651 (plus tax), for one 800 kilowatt trailer-mounted portable generator set, all in accordance with Bid #6485. A5. Ratify a change order and an extension of a lease agreement with William Scotsman, Inc., in an additional not to exceed amount of $17,000, for the period from March 18, 2004 through June 30, 2005 for a modular building at Ponderosa Park and authorize the Purchasing Agent to negotiate and execute subsequent renewal options, provided funding for subsequent renewal periods is available. A6. Waive the sealed bid requirements of Council Policy No. 306 and authorize the Purchasing Agent to issue a purchase order to Southwest Power, in the amount of $110,295 (plus tax), for fifteen 69kV dry type transformers for the Public Utilities Department. A7. Award the contract to the lowest responsible bidder, L.H. Engineering Company, Inc., in the amount of $533,164, for the Lincoln Avenue and Brookhurst Street intersection improvements and approve and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. A8. Approve the Final Map and Subdivision Agreement of Tract No. 16492 for property located on the south side of Santa Ana Street, between Lemon Street and Anaheim Boulevard. A9. Approve Amendment NO.2 with Hunsaker & Associates to adjust the hourly rate from $90 per hour to $100 per hour for continued engineering and plan checking services. A 10. Approve the Final Map and Subdivision Agreement of Tract No. 16371 with 1126 N. Euclid St., LLC relating to property located at 1126 North Euclid Street. A11. Approve a Purchase and Sale Agreement and Grant Deed with Oscar Valencia and My Lan Valencia, in the amount of $129,577, for the purchase of remnant property located at the southwest corner of Picadilly Way and Buckingham Street. A 12. Approve the Fourth Amendment with the Anaheim/Orange County Visitor & Convention Bureau for the National Association of Music Merchants shows. A 13. Approve and authorize the Human Resources Director to execute an agreement with Vista Behavioral Health Plans to provide behavioral health administrative services. A 14. Approve the Professional Services Agreement with The Planning Center, in an amount not to exceed $164,730, to prepare a subsequent environmental impact report for The Platinum Triangle and approve an increase to the Planning Department's expenditure appropriation commensurate with the costs associated with the services to be provided by the Planning Center. Council Member Tait abstained. I ANAHEIM CITY COUNCIL MEETING MINUTES JULY 13, 2004 PAGE 4 #3039 A15. Approve the Attorney Services Agreement with Squire, Sanders & Dempsey L.L.P. to provide legal advice and services with regard to federal tax matters pertaining to the City's IRS 9457 Deferred Compensation Plan. ~2989.9 A 16. Approve the ninth amendment to the contractual agreement with Smith, Esposito & Lyerly extending Washington D.C. representation service from August 1, 2004 to July 31,2005; and approve the first amendment to the contractual agreement with Townsend Public Affairs extending state supplemental advocacy services representing Anaheim with an emphasis on public utility issues and state grant/bond funding opportunities from August 1, 2004 to July 31, 2005. #3040 A 17. Approve and authorize the Public Utilities General Manager to execute an agreement for services with J.J. Macintyre Co., Inc. to collect delinquent closing bills for the Public Utilities Department. #3041 A 18. Approve and authorize the Public Utilities General Manager to execute an agreement with Carrier Corporation, in an amount of $159,930, for the impl~mentation and administration of the Anaheim Public Utilities Department Air Conditioning Load Control Program for a two-year period, with options for two one-year renewals for operation and maintenance, in an amount of $35,600 per year. D156 A20. Accept an award from the U.S. Department of Justice for the 2004 Federal Assistance Grant Program application and amend the Police Department's fiscal year 2004/05 budget by increasing revenues and expenditures in the amount of $33,306. RESOLUTION NO. 2004-153 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the Chief of Police to file an application, on behalf of the city of Anaheim, with the U.S. Department of Justice, Bureau of Justice Assistance, to participate in a FY 2005 Federal Assistance Grant Program, authorizing the Chief to execute all required grant documents, and, if awarded, authorizing the acceptance of such grant on behalf of the City and amending the budget accordingly for the fiscal year in which the grant funds are received. D112 A21. RESOLUTION NO. 2004-154 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending Resolution 2004-89 nunc pro tunc. D116 A23. RESOLUTION NO. 2004-155 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving an advertising display relocation agreement with Vista Media Group, Inc., pursuant to Business and Professions Code Section 5412. D155 A24. RESOLUTION NO. 2004-156 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM accepting certain irrevocable offers of dedication to the City of Anaheim of certain real properties or interests therein (Tract Map Nos. 12685, 12688, 12690,15128 and 16227). P110 A25. RESOLUTION NO. 2004-157 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM declaring its intention to vacate certain public streets, highways and easements (Abandonment No. ABA2004-00087, 808 South Ramblewood Drive). I ANAHEIM CITY COUNCIL MEETING MINUTES JULY 13, 2004 PAGE 5 D114 A26. Approve minutes of the adjourned regular Council meetings of June 15, 2004 and June 22,2004. END OF CONSENT CALENDAR D150 A 19. Approve agreements with the Centralia, Magnolia, Anaheim Union High School and Anaheim City School Districts to provide park ranger patrols. Terry Lowe, Community Services Director, indicated Item A 19 was the annual renewal to provide park ranger services to various schools adjacent to City parks. The ranger patrols would combat vandalism and misuse of the school facilities and ensure the facilities were ready for use each Monday morning. Mr. Morgan added that all costs for the ranger patrols were borne by the school districts. Council Member Tait stated the collaboration between the City and the four school districts was a great benefit to the community and suggested Orange Unified School District (OUSD) be contacted as they had several schools adjacent to Anaheim parks in the Canyon area. Mr. Lowe responded that his office had discussed the types of services Anaheim could provide to OUSD and was now waiting for their response. Mayor Pringle suggested any Council Member interested in building a better relationship with OUSD attend the monthly Coordinating Council meetings by contacting Mr. Lowe's office for details. Motion by Council Member Tait to approve Item A 19, seconded by Council Member Hernandez. Roll Call vote: Ayes - 5; Mayor Pringle, Council Members: Chavez, Hernandez, McCracken and Tait. Noes - O. Motion Carried. A22. RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the destruction of certain City records more than two years old (City Attorney's Office). Jack White, City Attorney, indicated this was a resolution to destroy records in the possession of the City Attorney's office in accordance with State law and the City's records retention policy. He explained the records identified were no longer needed and did not relate to any records currently in litigation or for which a claim was pending and related to matters only that were closed items for which there was no longer a need to keep the information. Council Member Chavez recognized the destruction of records was a routine matter but voiced his concern that records pertinent to an investigation underway by the Attorney General's office could be destroyed in error and suggested postponing the destruction of any records until the investigation was completed. Mr. White indicated while there was nothing in the records that related to any pending investigations, postponing the destruction was not a problem. With no objection from Council, Mayor Pringle postponed Item A22 for three months. A27. "FREEDOM DAYS" RECOGNITION AND ACTIONS: M142 ORDINANCE NO. 5929 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending various provisions of the Anaheim Municipal Code to reduce certain code violations from misdemeanors to infractions and amending certain other provisions of the code. --- -, ANAHEIM CITY COUNCIL MEETING MINUTES JULY 13, 2004 PAGE 6 ORDINANCE NO. 5930 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM adding new Chapter 1.20 to Title 1 of the Anaheim Municipal Code relating to civil citations. RESOLUTION NO. 2004-158 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM declaring July 1 through July 14 each year as "Freedom Days" in Anaheim. Mayor Pringle prefaced consideration of this item by providing background on Municipal Code changes previously addressed by the City Attorney while researching obsolete Code provisions and inappropriate penalty provisions for minor violations, pointing out Council had approved a number of Code amendments addressing those issues last month. The Mayor had suggested paying tribute to the City's commitment to protect individual freedoms and personal liberties by designating July 1 - July 14 of each year as "Freedom Days" in the City. City Attorney Jack White explained there were three actions for Council's consideration under Item A27. The first action reflected the continuing effort to review the Municipal Code and where appropriate, recommend revisions to Council on misdemeanors that could be converted to infractions, or in some cases repealed. Ordinance No. 5929 addressed 14 Code amendments that would be added to the 24 amendments Council had previously approved. Mr. White indicated the second item was a joint effort by his office and the Planning Department Code Enforcement Division which recommended an alternative to the criminal process for code enforcement for minor property related violations giving the City the ability to go outside normal criminal sanctions by creating a simple citation process. The citation process, he stated, was authorized by a State statute and was currently in use by several cities, including some in Orange County. An individual could challenge the citation through a hearing officer and if not satisfied with the hearing officer's response, still had the right to go to court. The fines, explained Mr. White, were similar to infraction fines of $100 for the first offense, $200 for the second offense within a one-year period and $500 for a third or any subsequent offense. Reviewing each violation on a case-by-case basis, the City would have the ability to start with the least possible sanction in order to get Code compliance and only move up to a higher penalty level when there was not a willingness on the part of the property owner to comply with City Code. The third action before Council, noted Mr. White, was the designation of the first two weeks in July as "Freedom Days in Anaheim" and as part of that resolution, staff would be directed to continue to look at ways to cut red tape, to change policies to make them freedom friendly to citizens and to review the Code for other areas in which the City could continue repealing sections or imposing sanctions more appropriate to offenses. Council Member Tait thanked the City Attorney for his efforts toward reducing penalties for citizens when appropriate, pointing out that a misdemeanor could mean up to six months in jail. Council Member Tait believed the "Freedom Days" resolution was a reminder that government worked for the people, not the other way around. Council Member McCracken was not in favor of approving numerous Code amendments in one ordinance at one time in the year, and preferred the City address each amendment individually. She pointed out she was supportive of continuing the Code review and amendment process for the future but had questions relating to some of the amendments identified in the ordinance. She questioned amendments relating to picking flowers in City parks versus removal of a City tree as well as advertising display signs on City sidewalks. Mr. White stated sections in the Code revisions related to signs were to change two different types of sign violations from I ANAHEIM CITY COUNCIL MEETING MINUTES JULY 13, 2004 PAGE 7 misdemeanors to infractions but that any signage problem could be immediately abated. The removal of a City tree, explained the City Attorney, would still remain a misdemeanor; however the plucking of a flower would be an infraction. Council Member McCracken also indicated the press release on "Freedom Days" triggered questions to her from the community and stressed she should have been made aware of the issue before information had been released to the press. Discussion was held on this matter. Mr. White stated he had been reviewing the issue of communications and would be bringing a process back to Council for their consideration. Mr. Morgan added the process would ensure that council members would not be caught off guard on any issue in the future. Council Member Hernandez asked what percentage the City received from fines imposed through the court system and the conviction rate. Mr. White indicated the City received 85 percent of any fine and the conviction rate was estimated at 75 percent. Mr. White also stated it was less expensive to the public generally when matters were handled as infractions or through civil citations than if they were handled as misdemeanors because it avoided the additional costs of a jury trial and public defender. Council Member Hernandez wished to ensure the amendments were smart, economical and fair. Mr. White assured Council the amendments made sense, ultimately saved the taxpayers money and would result in the fair administration of justice without reducing in any way the level of compliance with the Code and accomplish this in the least intrusive manner to Anaheim citizens. Council Member Hernandez indicated his support of Item A27. Council Member Chavez moved to introduce ORDINANCE No. 5929, AN ORDINANCE AMENDING VARIOUS PROVISIONS OF THE ANAHEIM MUNICIPAL CODE TO REDUCE CERTAIN CODE VIOLATIONS FROM MISDEMEANORS TO INFRACTIONS AND AMENDING CERTAIN OTHER PROVISIONS OF THE CODE; and to introduce ORDINANCE NO. 4930, AN ORDINANCE ADDING NEW CHAPTER 1.20 TO TITLE 1 OF THE ANAHEIM MUNICIPAL CODE RELATING TO CIVIL CITATIONS; and to approve RESOLUTION NO. 2004-158, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DECLARING JULY 1 THROUGH JULY 14 EACH YEAR AS "FREEDOM DAYS"; seconded by Council Member Tait. Roll Call vote: Ayes - 4; Mayor Pringle, Council Members: Chavez, Hernandez and Tait. Noes - 1; Council Member McCracken. Motion Carried. 0144 A28. Direct staff to vote affirmatively on the City's ballots for the Mosquito, Fire Ant and Disease Control benefit assessment fee by the Orange County Vector Control District. Assistant City Manager Tom Wood requested Council direct staff to vote affirmatively on the City's ballot for a benefit fee assessed by Orange County Vector Control District relating to mosquito, fire ant and disease control. Mr. Wood explained that Orange County residents, as well as the City, would be requested to vote on a mailed ballot for this assessment. Mr. Wood indicated the City would have 42 ballots and the cost per parcel was $3.25 or a total cost of $2,270. Mayor Pringle announced he had requested this matter be agendized as it was an issue that should have direction provided by Council but also in light of the fact the West Nile Virus had been found in a bird in Anaheim last week. The Mayor reflected that with reductions in funding for Orange County Vector District for fire ants and mosquito abatement, the fee was necessary to provide the proper level of service and safety for Orange County residents and would not be an onerous burden on any property owner. ANAHEIM CITY COUNCIL MEETING MINUTES JULY 13, 2004 PAGE 8 Mayor Pringle moved to vote affirmatively on the City's ballot for assessment fees by Orange County Vector Control District; seconded by Council Member McCracken. Roll Call vote: Ayes - 4: Mayor Pringle, Council Members: Chavez, McCracken and Tail. Noes - 1: Council Member Hernandez. Motion Carried. A29. Consider appointing a member to serve on the Housing and Community Development Commission, representing the South Neighborhood Council, term to expire June 30, 2006 and a member to serve on the Planning Commission, term to expire June 30, 2008. Housing and Community Development Commission APPOINTMENT: (June 30, 2006). (South Neighborhood Council) With no objection from Council, Mayor Pringle continued this appointment to July 27, 2004. Planning Commission: Mayor Pringle nominated Ms. Patricia Velasquez, current member of the Public Utilities Board and current president of the Orange County Fair, to the Planning Commission. With no resume submitted, Council Member McCracken indicated she would abstain. Roll Call vote: Ayes - 3; Mayor Pringle, Council Members: Chavez and Tait. Noes - O. Abstention - 2; Council Members Hernandez and McCracken. B105 APPOINTMENT: Patricia Velasquez (June 30, 2008). A30. Consider appointing a citizen to serve on the Community Services Board, term to expire June 30, 2007. (Robert Baeza) Council Member Chavez nominated Natalie Rubalcava. Council confirmed the nomination and Ms. Rubalcava was appointed to the board. B105 APPOINTMENT: Natalie Rubalcava PUBLIC HEARINGS: B1. A public hearing to consider approving a resolution authorizing an expenditure plan for the 2004 Local Law Enforcement Block Grant funds. RESOLUTION NO. 2004-159 RESOLUTION OF THE CITY COUNCIL OF THE D156 CITY OF ANAHEIM authorizing the Chief of Police to file an application, on behalf of the City of Anaheim, with U.S. Department of Justice, Bureau of Justice Assistance to participate in the 2004 Local Law Enforcement Block Grants Program, authorizing the Chief to execute all required grant documents, and, if awarded, authorizing the acceptance of such grant on behalf of the City and amending the budget for the fiscal year in which the grant funds are received accordingly. Captain Joe Reiss, Anaheim Police Department, indicated the public hearing was to authorize the Police Department's expenditure plan for the 2004 Local Law Enforcement Block Grant (LLEBG) application. He remarked Anaheim had been the recipient of LLEBG funds for the P110 ANAHEIM CITY COUNCIL MEETING MINUTES JULY 13, 2004 PAGE 9 past eight years but the first five years the funds were earmarked for the Police Department's mobile data computer project. Since that project was now completed, funds were being used for other police equipment and technology needs. Captain Reis noted that LLEBG funds had provided such items as the live scan fingerprint system for the Police Department's east station, a new upgrade for the jail security system, a mobile forensics van, two mobile mini-command posts for the Patrol Bureau, gas masks and other personal protective gear for homeland security, graffiti surveillance cameras, forensics video enhancement system and upgrades to the Police Department's training auditorium. This year the Police Department wished to focus on items found on the Police Departments' equipment and technology needs list which was updated frequently and prioritized to meet the most critical needs of the Police Department. Mayor Pringle opened the public hearing, and receiving no testimony, closed the hearing. Council Member Hernandez moved to approve RESOLUTION NO. 2004-159, A RESOLUTION AUTHORIZING CHIEF OF POLICE TO FILE AN APPLICATION ON BEHALF OF THE CITY OF ANAHEIM, WITH U.S. DEPARTMENT OF JUSTICE, BUREAU OF JUSTICE ASSISTANCE TO PARTICIPATE IN THE 2004 LOCAL LAW ENFORCEMENT BLOCK GRANS PROGRAM, AUTHORIZING THE CHIEF TO EXECUTE ALL REQUIRED GRANT DOCUMENTS, AND IF AWARDED, AUTHORIZING THE ACCEPTANCE OF SUCH GRANT ON BEHALF OF THE CITY AND AMENDING THE BUDGET FOR THE FISCAL YEAR IN WHICH THE GRANT FUNDS ARE RECEIVED ACCORDINGLY; seconded by Council Member Chavez. Roll Call vote: Ayes - 5; Mayor Pringle, Council Members: Chavez, Hernandez, McCracken and Tait. Noes - O. Motion carried. B2. A public hearing to consider the abandonment of a portion of a public utility easement located at 635 South Gilbert Street (ABAOO-1A). At the meeting of June 8, 2004, Item A 16, the Anaheim City Council adopted Resolution No. 2004-101 declaring its intention to vacate certain public streets, highways and service easements and setting a date and time to consider the abandonment of an electrical utility easement located at 635 South Gilbert Street (ABAOO-1 A). REQUESTED BY: 935 South Gilbert Street Partners, L.P. 4100 W. Alameda Avenue, #205, Burbank, CA 91505. MOTION: CEQA FINDING: Categorically Exempt, Class 5. RESOLUTION NO.: 2004-160 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING ABANDONMENT NO. ABAOO-1A. MOTION: Approve the quitclaim of the City's right, title, and interest in the abandoned area. Natalie Meeks, Public Works Department, indicated the abandonment was for the relocation of electrical lines to provide for redevelopment of the property located at 936 Gilbert Street. Mayor Pringle opened the public hearing and receiving no testimony, closed the hearing. Council Member McCracken moved to approve CEQA finding of Categorically Exempt, Class 5; to approve RESOLUTION NO. 2004-160, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING ABANDONMENT NO. ABAOO-1A; and to approve the quitclaim of the City's right, title and interest in the abandoned area; seconded by Council P110 F130 ANAHEIM CITY COUNCIL MEETING MINUTES JULY 13, 2004 PAGE 10 Member Chavez. Roll Call vote: Ayes - 5; Mayor Pringle, Council Members: Chavez, Hernandez, McCracken and Tait. Noes - O. Motion carried. B3. A public hearing to consider the abandonment of a portion of a public utility easement located at 6098 East Silverspur Trail (ABA2004-00089). At the meeting of June 8, 2004, Item A 17, the Anaheim City Council adopted Resolution No. 2004-100 declaring its intention to vacate certain public streets, highways and service easements and setting a date and time to consider the abandonment of an electrical utility easement located at 6098 East Silverspur Trail (ABA2004-00089). REQUESTED BY: Rick Bicker, 6098 East Silverspur Trail Anaheim, CA 92807 MOTION: CEQA FINDING: Categorically Exempt, Class 5. RESOLUTION NO.: 2004-161 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING ABANDONMENT NO. ABA2004-00089. MOTION: Approve the quitclaim of the City's right, title, and interest in the abandoned area. Natalie Meeks, Public Works Department, indicated the property owner requested the abandonment to allow for the construction of a small retaining wall and a swimming pool in their back yard. The easement, she remarked, did not have any electrical facilities in it and the City did not intend to place any there. Mayor Pringle opened the public hearing and receiving no testimony, closed the hearing. Council Member Hernandez moved to approve CEQA finding of Categorically Exempt, Class 5; to approve RESOLUTION 2004-161, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING ABANDONMENT NO. ABA2004-00089; and to approve quitclaim of the City's right, title and interest in the abandoned area; seconded by Council Member Tail. Roll Call vote: Ayes - 5; Mayor Pringle, Council Members: Chavez, Hernandez, McCracken and Tait. Noes - O. Motion carried. B4. A public hearing to consider adopting an ordinance relating to Southern California Edison's request to franchise and associated fees. ORDINANCE NO. 5931 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM GRANTING TO SOUTHERN CALIFORNIA EDISON COMPANY, ITS SUCCESSORS AND ASSIGNS, A NON-EXCLUSIVE FRANCHISE TO USE AND TO CONSTRUCT AND USE, SOLELY FOR TRANSMITTING ELECTRICITY THROUGH THE CITY OF ANAHEIM (EXCEPT IN CASES OR SUBSEQUENT ANNEXATIONS AND OF CUSTOMERS SERVED UNDER FRINGE AGREEMENTS), POLES, WIRES, CONDUITS AND/OR APPURTENANCES, IN, ALONG, ACROSS, UPON, OVER AND UNDER THE PUBLIC STREETS, WAYS, ALLEYS AND PLACES, AS THE SAME NOW OR MAY HEREAFTER EXIST, WITHIN SAID MUNICIPALITY. Council Member Tait declared a potential conflict of interest as his firm had done work the past year for Southern California Edison and indicated he would abstain. ANAHEIM CITY COUNCIL MEETING MINUTES JULY 13, 2004 PAGE 11 Mr. Tom Wood reported Southern California Edison (SCE) wished to renew two expired non- exclusive franchises for the purpose of transmitting electricity through the City of Anaheim to serve Edison customers external to the City. He noted that after length negotiations, the City successfully reached an agreement on the franchise that would extend for 30 years with significant benefits to the City including a $500,000 reimbursement, right-of-way for public use, bike hiking trails, joint trenches, second point of delivery and annual payment, enhanced property maintenance, undergrounding of future lines, the undergrounding of 15 percent of their existing system and landscape buffer for major street arterials. Mr. Wood commented there would be no impact to the City's budget until such time as the City chose to develop the properties that would be provided by Edison through the franchise. Mayor Pringle opened the public hearing. Mr. Steve Nelson, SCE Regional Manager, thanked the City Attorney and staff as well as the City administration staff for their assistance during the negotiations. He remarked that the ordinance would provide value to the community of Anaheim and allow SCE to serve customers in a reliable manner. As no other public comment offered, Mayor Pringle closed the public hearing. Mayor Pringle thanked SCE and staff for their cooperative negotiations and pointed out the benefits for the community reflected in the franchise agreement. Council Member Hernandez hoped the negotiations would develop a cooperative spirit in future negotiations with Edison on other issues. ORDINANCE No. 5931, AN ORDINANCE OF THE CITY OF ANAHEIM GRANTING TO SOUTHERN CALIFORNIA EDISON COMPANY, ITS SUCCESSORS AND ASSIGNS, A NON- EXCLUSIVE FRANCHISE TO USE AND TO CONSTRUCT AND USE, SOLELY FOR TRANSMITTING ELECTRICITY THROUGH THE CITY OF ANAHEIM (EXCEPT IN CASES OR SUBSEQUENT ANNEXATIONS AND OF CUSTOMERS SERVED UNDER FRINGE AGREEMENTS), POLES, WIRES, CONDUITS AND/OR APPURTENANCES, IN, ALONG, ACROSS, UPON, OVER AND UNDER THE PUBLIC STREETS, WAYS, ALLEYS AND PLACES, AS THE SAME NOW OR MAY HEREAFTER EXIST, WITHIN SAID MUNICIPALITY was introduced. CLOSED SESSION: No report. COUNCIL COMMUNICATIONS: Council Member McCracken reported the first segment of the groundwater replenishment project was completed and the water district was reclaiming five million gallons per day. The reclaimed water was now being placed into the seawater barrier to prevent seawater from intruding into the underground water basin. She pointed out this would save the water district from having to purchase water for the same purpose. Council Member Chavez thanked Council Member McCracken for her work on the groundwater replenishment system. ~ ""....,.--.........:.."'~'''-~~ ANAHEIM CITY COUNCIL MEETING MINUTES JULY 13, 2004 PAGE 12 Mayor Pringle provided an update on the state budget negotiations, noting there was a tremendous focus on local government finance, an area in which he wanted to ensure that local governments were protected from State budget take-aways in the long haul. The Mayor predicted that issue would soon be resolved. Mayor Pringle also remarked that he and Council Member Chavez had met with Orange County Water District representatives seeking ways to bring about changes in a variety of areas and Council might see a future agenda item due to Council Member Chavez's work on the Water Board on two or three key areas along the river. Council Member Hernandez reported that Congress had passed H.R. 2828, the water bill related to increasing and diversifying domestic water resources, and recommended citizens contact their Senate representatives to urge passage of the bill. ADJOURNMENT: There being no further business to come before the City Council, Mayor Pringle adjourned the meeting at 7:31 P.M. Resp~ctfully submitted: ! ,.4./Ll L,)LL_ JL'~ c.. c:;'"'< .;.;{', '--_, Sheryll Schroeder, MMC City Clerk "'....-.. '~""'W ""'~....,~"~