Loading...
2006/02/07 ANAHEIM, CALIFORNIA CITY COUNCIL ADJOURNED REGULAR MEETING FEBRUARY 7, 2006 The City Council meeting was called to order at 3:00 p.m. and adjourned to 4:00 p.m. due to lack of a quorum. The regular adjourned session of February 7,2006 was called to order at 4:12 P.M. in the Council Chambers of Anaheim City Hall, 200 South Anaheim Boulevard. PRESENT: Mayor Curt Pringle, Council Members: Richard Chavez, Lorri Galloway, Bob Hernandez and Harry Sidhu STAFF PRESENT: City Manager Dave Morgan, Assistant City Attorney Cristina Talley, City Attorney Jack White arrived during Closed Session, and City Clerk Sheryll Schroeder. A copy of the agenda for the meeting of the Anaheim City Council was posted on February 3, 2006 at the City Hall exterior bulletin board. ADDI.TIONS/DELETIONS TO CLOSED SESSION: None PUBLIC COMMENTS ON CLOSED SESSION ITEMS: None Mayor Pringle moved to closed session for the following items: CLOSED SESSION: 1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Subdivision (a) of Government Code Section 54956.9 Name of case: City of Anaheim v. Angels Baseball, LP, et al., Orange County Superior Court Case No. 05CC01902. 2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Subdivision (a) of Government Code Section 54956.9 Jane Doe v. City of Anaheim,.t at; U.S.D.C. Case No. SACY05-1202 JYS (RNBx). 3. CONFERENCE WITH LABOR NEGOTIATORS Agency designated representative.: Joel Fick Employee organizati.on: Anaheim Firefighters Association, Local 2899. At 5:32 P.M., Mayor Pringle reconvened the meeting. Flaa Salute: Presentations: Mayor Curt Pringle Council Member Lorri Galloway Recognizing Esperanza Entertainment Unit - Council recognized the Esperanza High School band for their participation in the Fiesta Bowl Invocation: ANAHEIM CITY COUNCIL MEETING MINUTES February 7, 2006 Page 2 Championship and introduced band members and band leader. Mr. Wayne Nelson. Recognizing Disneyland Ambassador Program on its 40th Anniversary - Mayor Pringle introduced Andrea Reevis, Disneyland's current ambassador who commented that Disneyland ambassadors had participated in over 6,000 community events in the Anaheim area over that forty-year period and were looking forward to future continuation of the program. AcceDtance of Other Recoanitions: Recognizing Anaheim Council 1154 Knights of Columbus on their 1 oath Anniversary - Jerry Allegre, representing Council 1154, thanked Mayor Pringle and Council for their recognition stating the Knights of Columbus was the largest fraternal organization in the world raising funds to contribute back to those in need in the community. Proclaiming February 5-11. 2006 as Make Kindness Week - Dr. Jaievsky spoke of the good works being done in memory of his daughter. Natasha. and thanked Council for their support and recognition. Acceptance of Other RecOGnitions (to be presented at later date): Recognizing the Cypress College Americana Man of the Year, Distinguished Community Partner, and Anaheim Citizen of the Year. ADDITIONS/DELETIONS TO ANY OF THE AGENDAS: None PUBLIC COM.MENTS (ALL MATTERS EXCEPT PUBLIC HEARINGS): John Conwiser, owner of the Daisy Apartments on Ohio Street, spoke of his efforts to improve his neighborhood by enhancing the Daisy apartment building. He expressed concern over the three story wooden frame structure on lincoln Avenue adjacent to the Santa Ana Freeway and requested CouncWs assistance in encouraging completion of the structure. Mayor Pringle referred Mr. Conwiser to the Planning Director to discuss the building construction schedule and asked f\As. Vander Dussen to update Council as well in writing. William Fitzgerald. Anaheim HOME commented on the use of donated event tickets. James Robert Reade spoke of the g.ood works of Dr. Hector Garcia. Alma Ramirez related comments on racial discrimination. Martha Rassmus, Director of Miss Anaheim Program, reminded Council of the March 1'1 th event date. commenting this year program members had partnered with the Anaheim library system to encourage literacy. CONSENT CALENDAR: Council Member Hernandez removed Items No's. 7, 9 and 16 from the consent calendar for further discussion: Council member Galloway removed Item No. 12. ANAHEIM CITY COUNCIL MEETING MINUTES February 7, 2006 Page 3 Council Member Sidhu moved to approve the balance of the consent calendar Items 1 - 18, seconded by Council Member Chavez 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, Galloway Hernandez, and Sidhu. Noes - O. Motion carried . 1 . Receive and file the minutes of the Park and Recreation Commission meeting held 8105 December 7,2005. 2. Approve and authorize execution of the Encroachment License Agreement for the proposed 3941 pedestrian bridge over Lakeview Avenue, north of Riverdale Avenue and south of the Santa Ana River. 3. Approve and authorize execution of the Lease and Agreement by and between the City of 3942 Anaheim and Trendwest Resorts, Inc., regarding the City-owned property located at 131 West Katella Avenue. 4. Approve Amendment No.1 to District Agreement No. 12-439 A-1 for the Gene Autry Way 2750 (West)II-5 Freeway Interchange project, extending the date from December 31,2005 to December 31, 2009. 5. Approve and ratify the Stipulation For Entry of Judgment in Condemnation for property P 121 located at 1189 South State College Boulevard and authorize the final settlement payment of $140,000, excluding all interest incurred from February 7, 2006 and defendant's recoverable costs, to the owners, Heinz Charbroiled Hamburgers, A California Corporation. (RftN ACQ2003-00152). 6. Review the need for continuing the local emergency heretofore proclaimed by the Director D175 of Emergency Services as ratified by City Council Resolution No. 2005-17, and the subsequent orders issued pursuant thereto, concerning land movement and property damage in the viCinity of 357,365 and 373 Ramsg.ate Drive in the City of Anaheim, and, by motion, determine that the need for continuing the local emergency exists. 8. Approve and authorize the Director of Community Services to execute the agreement and 3944 purchase the network equipment with Coeur d'Com Communications, I'nc., for the Anaheim Central Library in the a.mount of $217,927.39 and authorize the Director of Community Services to increase the contract amount by up to 10% if such increase is necessary to obtain the most current technology or equipment at the time of purchase. ANAHEIM CITY COUNCIL MEETING MINUTES February 7, 2006 Page 4 10. Approve and authorize the Director of Community Services to execute the agreement and 3946 purchase the network equipment with Coeur d'Com Communications, Inc., for the Sunkist Branch Library in the amount of $40,569.96 and authorize the Director of Community Services to increase the contract amount by up to 10% if such increase is necessary to obtain the most current technology or equipment at the time of purchase. 11. Approve an agreement with Willdan in an amount not to exceed $124,218 for consultant 3947 services to prepare construction documents and provide construction observation for the Carbon Creek Channel Pedestrian Bridge and Pedestrian/Bikeway Path. 13. RESOLUTION NO. 2006-013 A RESOLUTION OF THE CITY COUNCIL OF THE P124 CITY OF ANAHEIM accepting certain deeds conveying to the City of Anaheim certain real properties or interests therein. (City Deed No. 10912). 14. RESOLUTION NO. 2006-014 RESOLUTION OF THE CITY COUNCIL OF THE P110 CITY OF ANAHEIM declaring its intention to vacate certain public streets, highways and easements. (Abandonment No. ABA2006-00120). 15. RESOLUTION NO. 2006-015 A RESOLUTION OF THE CITY COUNCIL OF THE E 150 CITY OF ANAHEIM approving amendments to the Conflict of Interest Code for the City and various City agencies. 17. ORDINANCE NO. 6017 (INTRODUCTION) AN ORDINANCE OF THE CITY OF C280 ANAHEIM amending the Zoning Map referred to in Title 18 of the Anaheim Municipal Code relating to zoning (Reclassification No. 2005-00171). (601 S. Western Avenue) 18. ORDINANCE NO. 6015 (ADOPTION) AN ORDINANCE OF THE CITY OF 1463 ANAHEIM (I) approving Amendment NO.2 to First Amended and Restated Development Agreement No. 99-01 by and between the City of Anaheim and Anaheim GW, LLC, as successor-in-interest to Excel Pointe Anaheim, LLC, (II) making certain findings related thereto, and (III) authorizing the Mayor to execute Amendment No.2 for and on behalf of the City. (Introduced at the Council meeting of January 31, 2006, Item #39) END OF CONSENT CALENDAR: 7. Approve and authorize the Director of Community Services to execute the agreement and 3943 purchase network equipment with Coeur d'Com Communications, Inc., for the Euclid Branch Library in the amount of $40,569.96 and authorize the Director of Community Services to increase the contract amount by up to 100/0 if such increase is necessary to obtain the most current technology or equipment at the time of purchase. ANAHEIM CITY COUNCIL MEETING MINUTES February 7, 2006 Page 5 9. Approve and authorize the Director of Community Services to execute the agreement with 3945 Pinnacle Networking Services, Inc., for purchase and installation of internal network connections cabling for the Central Library in the amount of $100,500.80 and authorize the Director of Community Services to increase the contract amount by up to 150/0 if such increase is necessary due to unexpected cost increases in materials at the time of installation. Council Member Hernandez asked if there was an installation date for the network equipment and further explaining that while he understood the equipment was to be funded by grants, he wondered if there were plans to move forward with the equipment should grant funds not be received. Terry Lowe, Community Services Director, stated Item No's. 7 and 9 were related and that staff was requesting Council's approval for agreements to install networking equipment for two libraries; Item No.7 was for the Euclid Branch Library and Item No.9 referred to the Central Library. He indicated the City had been successful in receiving these types of grants in the past and it was his expectation to receive approval for funds for both libraries. Carol Stone, Librarian, explained grant decisions were expected October, 2006 and installation of the system would then occur in December, 2006. Mr. Lowe added the Department's fallback position would be to submit a supplemental budget request for consideration by Council in the event the grants were not approved. Council Member Hernandez was supportive of these efforts and had understood the remaining libraries would be updated and modernized and wanted to ensure the public was aware of these new services. Mr. Lowe added Haskett Library had already received grant funds and installation of the network system would be incorporated in the current new construction for the library. Council Member Hernandez moved to approve Item No's. 7 and 9, seconded by Council Member Sidhu. Roll call vote: Ayes - 5; Mayor Pringle, Council Members: Chavez, Galloway, Hernandez and Sidhu. Noes - o. Motion carried. The City Manager commented Anaheim had been making an investment in the library system to a level not seen in decades and that he was proud to see the investments in that system. 12. RESOLUTION NO. 2005-012 A RESOLUTION OF THE CITY COUNCIL OF THE 3948 CITY OF ANAHEIM approving Joint Powers Agreement for the Integrated Law and Justice Agency for Orange County. Authorize the Mayor to execute the JPA and authorize the City Manager and/or Police Chief to execute any related documents consistent with the implementation of the JPA, including any amendments thereto. Authorize the Chief of Police, with City Attorney approval, to execute any documents consistent with the implementation of the COPLINK Use Policy approved by Council on October 11, 2005, including any amendments thereto. Deputy Chief Sain explained the proposed joint powers agreement (JPA) with Integrated Law and Justice and with various cities in Orange County was before Council for consideration and would allow the establishment of a governing structure as well as to help distribute and provide access to court disposition information, process and more effectively deliver subpoenas electronically and to share records and case data between disparate data bases. He added it would also insure ANAHEIM CITY COUNCIL MEETING MINUTES February 7, 2006 Page 6 confidentiality and maintain access restrictions. Council Member Galloway remarked that since she had been working with the Family Justice Center and saw first-hand the value of improvements in that arena, it would help to offer sample case scenarios as to how this JPA would have an impact on the Police Department operation. Deputy Chief Sain responded the cost savings for Anaheim relating to delivering subpoenas was of importance to the Department as well as knowing immediately when an officer was not needed and was off-call versus paying an officer overtime for on-call because the information that a case had been settled had not been relayed to the Department in a timely manner. In addition, the sharing of data between neighboring cities had already had an impact on solving crimes during the trial period with Deputy Chief Sain pointing out there had been about six cases in which two to three agencies had shared information which allowed Anaheim to arrest suspects within one or two days. Council Member Hernandez inquired why the balance of the Orange County cities had not participated. City Manager Dave Morgan interjected that discussions on this program had been occurring since 1997 and that Chief Welter had taken action to move forward with the program and he expected when other cities understood the successes to be gained. they would participate as well. Commander Sain added that 21 Orange County cities were participating at this point in the JPA. Council Member Hernandez moved to approve Resolution No. 2005-012 and additional actions, seconded by Council Member Galloway. RESOLUTION NO. 2005-012 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving Joint Powers Agreement for the Integrated Law and Justice Agency for Orange County. Authorize the Mayor to execute the JPA and authorize the City Manager and/or Police Chief to execute any related documents consistent with the implementation of the JPA, including any amendments thereto. Authorize the Chief of Police, with City Attorney approval, to execute any documents consistent with the implementation of the COPLI NK Use Policy approved by Council on October 11. 2005. including any amendments thereto. Roll call vote: Ayes - 5; Mayor Pringle, Council Members: Chavez, Galloway, Hernandez and Sidhu. Noes - O. Motion carried. 16. ORDINANCE NO. 6016 (INTRODUCTION) AN ORDtN.ANCE OF TH'E CITY OF 0160 ANAHEIM adding new Chapter 6.05 to Title 6, Public Health and Safety, of the Anaheim Municipal Code regarding public safety radio system coverage. Chief Roger Smith reported this ordinance was due to the increased development of large industrial metal and concrete buildings in the City of Anaheim which reduced the capability of both the police and fire departments and field personnel to communicate on the Countywide coordinated 800 MHZ system. The proposed ordinance would require builders. owners and developers of non..exempt new and planned construction of dense buildings and subterranean ANAHEIM CITY COUNCIL MEETING MINUTES February 7 I 2006 Page 7 structures to submit to field radio testing and to install in-building coverage systems in areas of those buildings that did not permit radio transmissions to permeate. As a result, the occupants of those buildings would have greater safety and security when police and fire could communicate in the elevated buildings. This ordinance would also require the owners, builders and developers of effected buildings and structures to meet specifications as indicated in the proposed coverage specifications as a condition for receiving building permits and certificates of occupancies. Council Member Hernandez was very supportive of the ordinance remarking on the frustration of trying to communicate by radio to other units during an emergency and how that hampered the effective operation of the command system on a large building fire. He inquired what the cost would be to the developer or owner of a newly constructed building and Chief Smith responded the cost was estimated to be from 20 cents to $1.50 per square foot at the time of development of a project. Council Member Hernandez asked if there were any plans to retrofit current buildings of this type and Chief Smith stated the ordinance only addressed a building that would be remodeled and increased to greater than 30 percent of the original square footage. Council Member Hernandez moved introduction of Ordinance No. 6016.. Report on Closed Session Actions: None Council Communications: Council Member Hernandez commented on the Sierra Peaks fire expressing gratitude to all fire agencies that participated and were still working the fire. He also thanked the residents who complied with the evacuation order as well as those residents who responded to the voluntary evacuation of their homes and to the Red Cross for setting up centers for the evacuees and assisting once again during a time of disaster. Council Member Galloway updated the public on the Anaheim Angel's trial remarking closing comments would be heard tomorrow as the defense had rested their case today. She felt Anaheim's team of attorneys had done an excellent job in laying out the City's case and was pleased they had expressed the City's integrity and intent. She added no matter what happened, this litigation was the right thing to do to protect the City's assets relating to the value in having the "Anaheim" name as part of the Angel's baseball team. Council Member Chavez also addressed the Sierra Peaks fire, thanking all firefighters who had been involved in the fire for several days and further commenting on the need for every homeowner living in the Anaheim Hills to have a protected area around their homes. He also referenced the Anaheim Angel's litigation, indicated he had closely watched the trial and also felt Council had taken the correct action. He was eager to see the trial end in order for the City to move forward with a positive relationship with the baseball team. Mayor Pringle also addressed comments on the trial, remarking that as Mayor, his most important duty was to protect the taxpayers of the City and the resources they had. He remarked this was the intent and focus of Council in directing staff to move forward with legal action and thanked both staff, the team of attorneys and Council colleagues for their efforts. Mayor Pringle also requested the City Attorney to explore and bring back to Council a proposal for a proposed charter amendment that would prohibit any gaming facility to be in the City of Anaheim. ANAHEIM CITY COUNCIL MEETING MINUTES February 7, 2006 Page 8 He noted there was an ordinance presently in place but he would like to have the opportunity for Council to debate this issue and to put before the voters for the November ballot a permanent ban on gaming in the city. Related to the Sierra Peak fire, Mayor Pringle shared the City's response to that event. He remarked that on Monday, February 7th, the City Manager, the City Attorney and other staff and Council had been in court. At the same time, the Assistant City Manager was at the Emergency command center for a hands-on management response for every need relating to the fire while the Deputy City Manager was in contract negotiations with Anaheim Firefighters Association. With all that taking place, the emergency command center opened immediately and Anaheim police and firefighters managed the evacuation of 1 ,200 homes east of Serrano and south of Oak Canyon as well as the closing and evacuation of two elementary schools. Since this was a multi-jurisdictional fire, Chief Bob Lowe with the California Department of Forestry as well as the Orange County Fire Authority shared resources with Anaheim's Fire Chief Roger Smith. In addition volunteers from CERT and other volunteer programs provided assistance and established a rumor control phone line which received over 20,000 phone calls requesting information on the fire. Four hotels also offered rooms at reduced rates for evacuees: the Ayres Hotel in Corona and three others in Anaheim, the Holiday Inn, Fairfield Inn and Candlewood Suites. He ended by commenting this proved the effectiveness of Anaheim's emergency preparedness plan. Council Member Hernandez added thanks for members of the CERT team who had manned the phone banks and fielded those 20,000 calls. Adjournment: At 6:35 P.M. with the consent of Council, Mayor Pringle adjourned the meeting of February 7, 2006 to February 14, 2006 at 3:00 P.M.