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2006/03/07 ANAHEIM, CALIFORNIA CITY COUNCIL REGULAR MEETING MARCH 7, 2006 The March 7,2006 City Council meeting was called to order at 3:10 p.m. in the Council Chambers of Anaheim City Hall, 200 South Anaheim Boulevard. PRESENT: Mayor Curt Pringle, Council Members: Richard Chavez, Lom Galloway, Bob Hernandez and Harry Sidhu. STAFF PRESENT: City Manager Dave 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 March 3, 2006 at the City Hall exterior bulletin board. WORKSHOP - THE GREEN CONNECTION: The City Manager, Dave Morgan, introduced Mariann Long, Business and Community Programs Manager and Ken Noller and Janice Lehman of the Public Utilities Department to provide details on the Green Connection plan. Ms. Long explained the Department proposed a balanced approach to meet federal and state policies to promote responsible management of environmental resources and would be requesting Council to approve a resolution adopting Green Connection Guiding Principles on March 28th. She pointed out investments in energy and water efficiency would help make Anaheim more competitive in the market place as well as help protect the City from energy market volatility while the long term impacts would help build a better environment for future generations. She indicated the Utilities Department developed the Green Connection program to meet new and anticipated legislative mandates as well as to continue in a leadership role in reducing energy and water use. Providing specifics on the plan, she stated the Green Connection program consisted of four elements: the Green Power Portfolio, a Green Building Action Plan, the Green and Lean City and Green Education. Ms. Long reported the power portfolio program would address reduction of greenhouse gas emissions from electric generation. She referenced Council's adoption of Anaheim's renewable portfOliO standards which had established a goal of 15 percent renewable share in the portfolio, pointing out contracts were now in place to reach the 10 percent level by 2007 and the Department was on track to achieve 15 percent by 2017. She added the Department expected the State to mandate higher standards referring to AB 1362, new legislation, which if approved, would require 20 percent total generation in California to come from renewables by 2010. With Council's support, she added, the Utilities Department would continue purchasing competitively priced renewables to eliminate a bidding war at the time the State mandated higher standards. Ms. Long remarked Governor Schwarzenegger had recently signed an executive order establishing greenhouse gas emission reduction targets for California which would reduce statewide emissions to 2000 levels by the year 2010. She noted this would be a nine percent reduction for Anaheim with the federal emission goal targeting an18 percent reduction by 2012. Ms. Long pointed out fossil fuels made up the vast majority of Anaheim's power portfolio which ANAHEIM CITY COUNCIL MEETING MINUTES March 7, 2006 Page 2 made reducing greenhouse gas emissions a challenge but the plan was to meet those standards using renewables and energy efficient programs. Mayor Pringle stated AB 1362 affected investor-owned utilities at this time and would not be applicable to Anaheim; however, he recognized the presumption that the same restrictions, if approved, could be placed on public utilities at some point in time. Ms. Lehman interjected investor-owned utilities criterion was on a total portfolio and the California Public Utilities Commission (CPUC) had set standards that investor-owned utilities had to meet 20 percent of their portfolio with renewables by 2010. She added the standard was based on energy consumption within California, not on energy resources. Mayor Pringle affirmed the 20 percent was a target not a requirement. Ms. Long commented that Anaheim had taken the first step towards meeting this challenge by certifying its 2003 emissions with the California Climate Action Registry and was the second utility in California to voluntarily register greenhouse gas emissions. The next program element was the Green Building Action Plan. Ms. Long reported that in January 2005 an executive order was issued in California mandating new and renovated state-owned facilities be certified by the U.S. Green Building Council, the nation's leading green building rating system promoting environmentally responsible building practices. She indicated Anaheim's green building action plan paralleled the same goals as the State in terms of encouraging construction practices that promoted environmentally balanced buildings. The first step in the program plan would be to educate architects, developers and builders on the benefits and parameters of green buildings and the Department would conduct educational workshops and provide a resource guide for local businesses to use toward that end. She emphasized the City would lead by example and work towards having all new and/or renovated City facilities to be certified green buildings with the first building to be the Haskett Library. The Department would also offer an incentive program for residential, commercial and city buildings and customers could receive up to $30,000 by being green building certified. The Green Building Action Plan would encourage rather than mandate green building practices and would address the City's energy efficiency standards for residential and non-residential buildings and encourage green building certification and installation of solar systems. The third program component was the Green and Lean City program with a focus on reducing gasoline energy and water usage. By reducing green house gas emissions, Ms. Long commented, air quality and quality of life in the City of Anaheim would be improved. The Department's goal would be to reduce greenhouse gases by reducing gasoline consumption in the Department's fleet vehicles. Transition away from gasoline powered vehicles to alternative fuels would help retire older, less fuel efficient vehicles and produce 14 percent less green house gas emissions. She explained that reduction of energy consumption directly translated to less electric power generation, less green house gases and lower customer electric bills recommending the City lead by example in supporting the State's executive order to reduce City facilities energy consumption 20 percent by 2015. She mentioned another new law that went into effect this January which required electric utilities plan to first meet unmet resource needs through all available energy efficiency and demand reduction resources that were cost effective, reliable and feasible. Ms. Long referenced Anaheim's Advantage Services which had begun in 1998 and had already reduced City facilities energy use by 10 percent which was enough to power nearly 800 homes. She stated the remaining 10 percent would be achieved by more efficient equipment installed primarily at the convention center and city hall and by applying new energy efficiency technologies and insuring that new construction projects acquire green building certification. She referred to other programs which had been successful in reducing energy use, such as the Energy Star ANAHEIM CITY COUNCIL MEETING MINUTES March 7. 2006 Page 3 program which had over 17 ,000 participants and the Tree Power Program with nearly 30,000 shade trees being planted. Another element of the Green & Lean City program focused on reducing water usage in Anaheim. Ms. Long commented that in 1991, the City adopted the 14 water conservation best management practices (BMP'S) proposed by the California Urban Water Conservation Council. She noted Anaheim was on target to meet the requirements of the BMP's and was currently implementing all of the BMP's that apply to retail water agencies with the goal of 15 percent cumulative water conservation savings by the year 2020. She added that since the water efficiency programs began in1993, there had been a citywide cumulative water savings of 11 percent. By achieving the 15 percent goal, the City would realize $7 million in annual water supply cost savings. Some of the successful water efficiency programs, she commented, included the installation of approximately 60,000 ultra low flush toilets and industrial process improvement programs. New programs would focus on incentives for efficient irrigation controllers and water wise landscapes. The last component of the Green Connection plan was the Green Education Program. The Utilities Department green education goals would be an expansion of an already successful outreach and education program. Currently the Department conducted energy efficiency education seminars throughout the year for business customers and as part of the green education effort, would be introducing education opportunities to builders and developers to promote green buildings. The Department also offered water wise gardening and solar energy education workshops for residential customers and elementary school and after school programs had received presentations reaching over 20,000 students. The Department also offered dry cleaners technology information to assist in shifting their business to a more environmentally friendly wet- cleaning method called greener cleaners. The Mayor realized new installation for wet cleaning equipment could cost from $65,000 to $100,000 pointing out the incentives offered by the Department of $2,000 per replacement unit were minimal. Ms. Long added other incentives were available from AQMD. Ms. Long ended the presentation by summarizing the guiding principles which Council would consider on March 28th, as follows: 1) The Anaheim Public Utilities Department would strive to purchase renewable energy to meet the state standard of 20 percent by 2010; 2) The Department would continue to register greenhouse gas emissions and reduce those emissions according to Cal EPA actions; 3) The Department would accelerate the rate of fleet vehicle replacement to six alternative fuel vehicles per year; 4) All City-owned projects that enter design and construction would be encouraged to meet a minimum U.S. Green Building Council's silver rating; 5) Developers and builders in Anaheim would be encouraged to receive green building registration and certification; 6) An overall citywide goal of 20 percent reduction in energy use and 15 percent reduction in water use would be considered in all associated planning processes; 7) The Planning and Public Utilities Departments would encourage green building standards by providing incentives and support to build those standards using a non-regulatory approach; 8) The Public Utilities Department would proactively plan to reduce gasoline usage to meet projected state regulatory standards and 9) The Department would first acquire all cost effective reliable and feasible energy effiCiency and demand reduction resources before procuring other energy resources. Mayor Pringle indicated he could not support all of the recommendations by March 28th until he had a more in-depth presentation from staff within the next few weeks. He did not feel extrapolating every investor-owned utility mandate as being applicable to a public utility was necessary and believed having a goal to get to 20 percent renewables by 2010 may be too fast when it was not ANAHEIM CITY COUNCIL MEETING MINUTES March 7, 200& Page 4 mandated. He asked for more detail on pending legislation for greenhouse gas emissions as he did not recall it was to the level and severity referenced. He was supportive of replacing gasoline vehicles with alternative fuel vehicles utilizing grants from AQMD for some of these programs. He was supportive of ensuring City facilities were as energy efficient as possible or even meet more stringent standards. He would also support encouraging a participatory plan for developers to implement some type of green building standard, recommending incentives and encouragement rather than mandates. He also believed the City should be proactive by coming up with ideas similar to the Mills Act which could encourage green building practices and to discuss those ideas with the legislature rather than wait for the State to mandate requirements. Mayor Pringle suggested each member of Council consider the guiding principles, and respond back to the Department for a sense of how Council would like to proceed and to bring the guiding principles back for Council consideration sometime after the March 28th agenda. ADDITIONS/DELETIONS TO CLOSED SESSION: None PUBLIC COMMENTS ON CLOSED SESSION ITEMS: None At 3:38 P.M., 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 5495&.9) Name of case: City of Anaheim v. Angels Baseball, LP, et al., Orange County Superior Court Case No. 05CC01902. 2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Agency negotiator: Dave Morgan Negotiating parties: City of Anaheim and National Football League Under negotiation: price and terms Mayor Pringle reconvened the Council session at 5:30 P.M. FlaG Salute: Elder Dennis Irving, Church of Jesus Christ of Latter Day Saints Council Member Sidhu Invocation: Presentations: Recognizing the 2005 Eagle Scouts in the City of Anaheim Mayor Pringle introduced and recognized eight of the 14 scouts earning the rank of Eagle Scout Acceptance of Other RecOGnitions (To be presented at a later date): Recognizing the Natural Products Expo on their 25th Anniversary ADDITIONS/DELETIONS TO THE AGENDA: Item 52 to be continued to April 11 , 2006 at the request of the applicant. Staff requested Item 49 to be withdrawn from the agenda. ANAHEIM CITY COUNCIL MEETING MINUTES March 7 J 2006 Page 5 Mayor Pringle called to order the Anaheim Redevelopment Agency and the Anaheim Housing Authority in joint session with the City Council. PUBLIC COMMENTS (ALL MATTERS EXCEPT PUBLIC HEARINGS): James Robert Reade voiced his concerns related to the Anaheim Police Department. Alma Ramirez addressed discrimination practices. Joanne Abarkartoumi, community advocate and representative of Channel 18 LA, thanked Council for support of a symphony fundraiser being held on March 19 at Disneyland Hotel. William Fitzgerald, Anaheim HOME, expressed his viewpoint on the Angel's baseball litigation and other matters. Mayor Pringle responded that Mr. Fitzgerald as well as any member of the public had a right to express his or her thoughts during public comment; however, expressing those sentiments did not verify comments were accurate. Khalil Bushala, a student at St. Kathryn's Military Academy in Anaheim at the comer of Lincoln and Harbor Boulevard, invited Council and residents to attend the annual Civil War educational living history weekend during March 18-19th. He explained it was a fun family event with actors camping out on the academy campus for the entire weekend in order for visitors to see life during that historical time as well as view two live skirmishes each day. Ray Bemudas spoke on behalf of 60 entrepreneurs who sold goods at the Orange Swap meet located at 291 North State College Boulevard. He had heard the swap meet was to close this year in June and that the City was pressuring for other development on the site. Mayor Pringle responded the Orange Drive-in property was located two-thirds in the City of Orange and about one-third in the City of Anaheim and that the property had been bought by a development company because it was a vacant parcel zoned residential both in Orange and in Anaheim and the developer intended to build apartments on the site. He added the property had been purchased over three years ago and last year the developer made an application to the cities of Orange and to Anaheim to build apartments and those applications had been approved. Mr. Bermudas responded that the swap meet participants who had been selling goods there for 30 years had never been notified and now had been given three months to leave the premises. Mayor Pringle stated the Planning Department would provide Mr. Bermudas with a copy of the approved action that Anaheim Council took last April which identified the project to be built by the developer on that site. Elsie Reed, complimented Council for pursuing legislation against the Anaheim Angels. She offered background and history on how Anaheim became a thriving Orange County city with its own identity. Trish Hachten asked Council if the information she had provided at the previous Council meeting relating to a dog venture park had been reviewed. Terry Lowe, Community Services Director, indicated the packet of information had been received and his staff was currently researching dog parks and what other types of activities in the area relating to dog parks was taking place. He mentioned there was an effort in the northern part of the County to develop dog parks on regional facilities within Orange County and he had requested an update on the project. He would be reporting back to the Parks and Recreation Commission at their next meeting on the results of the research; Ms. Hechten indicated she would be in attendance. ANAHEIM CITY COUNCIL MEETING MINUTES March 7, 2006 Page 6 Jeannie Creighton, Second Harvest Food Bank, spoke of the citywide food drive in Anaheim occurring March 20 - 24th requesting residents bring food donations to any city facilities during that week or to the libraries anytime during the month of March. Philip Urbina, Adelphi Communications, spoke in opposition to Item 35, the agreement with AT&T and submitted a letter of opposition to the City Clerk. He stated the proposed agreement was contrary to state, federal and local laws asserting under California law, AT&T must obtain a franchise before beginning construction of a cable system. He added the City must comply with the California level playing field law wherein the legislature passed a law with the intention of making sure that competition in the video market place was on a level playing field. Mr. Urbina asked Council to not provide this advantage to one competitor and to deny the agreement. Gordon Terry, resident, requested Council to consider an ordinance to remove cars with ufor salen signs off the city streets. Mayor Pringle concurred with Mr. Terry remarking that he had asked the City Attorney recently on this same issue. Jack White, City Attorney, added that in recent years the appellate courts in California had held that ufor salen signs on cars parked or even traveling along the public streets were protected under the first amendment as freedom of expression which invalidated ordinances cities had to prohibit those types of signs. CONSENT CALENDAR: Item No. 28 removed by Council Member Galloway for further discussion and Item No's. 20 and 27 removed by Council Member Sidhu. Mayor Pringle removed Item No's. 33 and 37 and indicated he would abstain on Item No's. 11 and 15 due to a potential conflict of interest. Council Member Hernandez moved to approve the balance of the consent calendar Items 7 - 48, seconded by Council Member Sidhu 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. MOTION: HIS consent calendar. Waive reading in full of all ordinances and resolutions and adopt the 7. Reject certain claims filed against the City. C118 8. Receive and file Public Utilities Board meeting minutes dated January 5, 2006; Library B105 Board meeting minutes of January 9,2006; Golf Commission meeting minutes dated December 1, 2005; Housing and Community Development Commission meeting minutes dated December 21, 2005; Workforce Investment Board meeting minutes dated October 13, 2005. 9. Increase Fiscal Year 2005/06 gasoline appropriations by $145,000 and diesel fuel 0106 appropriations by $70,000 for higher than anticipated fuel expenditures in Fiscal Year 2005/06. ANAHEIM CITY COUNCIL MEETING MINUTES March 7, 2006 Page 7 10. Approve the agreement with Stewart Title of California, Inc. for title services for right-of-way 3965 acquisitions for the Capital Improvement Program with ranges of $30,000 to $60,000 per year. 11. Approve the Agreement for Acquisition of Mobile Home and Improvements with Miguel and 3966 Marilen Arenas, in the amount of $16,200, for one mobile home located at 1844 South Haster Avenue, Space No. 144, for the Gene Autry Way (West)/I-5 Freeway Highway project. Mayor Pringle abstained. 12. Approve the engineering services agreement with Infrastructure Management Services, Inc. 1736 (IMS) for the City Pavement Management System Program (PMS) for the City Arterial Highway Systems FY 2005/07 and the City Local Street Systems FY 2005/09 in an amount not-to-exceed $270,000. 13. Approve and authorize the Director of Public Works to execute the Contract Change Order 3629 No. 1 and any related documents, in the amount of $92,665, to Engineered Plumbing, Inc. for the Katella Avenue Water Main Project. 14. Approve the Acquisition Agreement for the purchase of real property located at 2141 East 3891 Lincoln Avenue and authorize the acquisition payment of $9,800 to Ferrell A. Weber and Karen R. Weber for the Lincoln Avenue - State College Boulevard to Sunkist Street Widening Project. 15. Approve the Rental Agreements and authorize lease payments of $675 per month per 3967 space for seven (7) mobile home spaces, located at 1949 South Manchester Avenue, for the Gene Autry Way (West)/I-5 HOV I nterchange project. Mayor Pringle abstained. 16. Approve the Temporary Construction Easement Agreement for the property located at 2137 3968 E. Lincoln Avenue and authorize the payment of $2,000 to Gregg and Debra Mundt for the Lincoln Avenue/State College Boulevard to Sunkist Street Widening project. 17. Approve a three-year agreement with Anaheim Disposal to pay for a new State mandate 1427 regulated by the California Air Resources Board (CARB) for solid waste collection vehicles. 18. Approve the Temporary Construction Easement Agreement with Frederick D. Newcomb, 3969 Trustee and Ruth A. Newcomb, Trustee and authorize the payment of $1,600 for the property located at 2421 East Lincoln Avenue for the Lincoln Avenue/State College Boulevard to Sunkist Street Widening project. 19. Waive the sealed bid requirement of Council Policy 306 and authorize the Purchasing D180 Agent to issue a purchase order to Louis Allen Worldwide, formerly known as Skopos Consulting Group, in an amount not-to-exceed $45,000 for a three (3) year period for course materials for management training programs presented by the Human Resources Department. ANAHEIM CITY COUNCIL MEETING MINUTES March 7, 2006 Page 8 21. Accept the bid of ProLink Solutions, in a not-to-exceed amount of $293,087.59, for the 3974 purchase and installation of a GPS Golf Course Management System and authorize the Purchasing Agent to execute and implement the five-year service agreement and related documents all in accordance with Bid # 6724. 22. Waive the sealed bidding requirement of Council Policy 306 and authorize the Purchasing D180 Agent to issue a purchase order in the amount of $401,250 (including tax) to Tai Ping Carpets America, for custom carpet for the Convention Center lobby. 23. Waive the sealed bidding requirements of Council Policy 306 and authorize Purchasing D180 Agent to issue a master agreement to Siemens Building Technologies Inc., in a not-to- exceed amount of $93,160, for a three-year technical support agreement for the Siemens Automated HVAC Control System at the Anaheim Convention Center. 24. Appoint Ms. Janet Coe to the Anaheim Workforce Investment Board to a four (4) year term B105 ending March 6,2010 representing a certain public sector organization. 25. Approve Amended and Restated Cooperation Agreement (regarding the Jamboree Housing 3517 sites) dated as of March 1, 2006, by and among the Anaheim Redevelopment Agency, the Anaheim Housing Authority and the City of Anaheim, and authorize the Executive Director of the Community Development Department to execute the agreement on behalf of the City. (Refer to Redevelopment Agency Item #2 and Housing Authority Item #5.) 26. Approve and authorize the City Manager to execute Amendment No.2, by increasing the 3078 contract amount by $100,000, to the Workforce Investment Act Vendor Agreement by and between the City of Anaheim and Larson Training Centers, Inc. for the provision of occupational skills training services. 29. Approve the Secured Fire Protection Agreement and Library Fee Agreement between the 2802 City of Anaheim and the Irvine Community Development Company (ICDC) and approve and authorize the Public Utilities General Manager to execute the Design and Installation of Electrical System Improvements Agreement and Water Facility Design and Installation Agreement and to take such actions as necessary to implement the electric and water agreements. 30. Approve the Fourth Amendment to Agreement between RJM Design Group, Inc. and the 3095 City of Anaheim, which authorizes use of RJM Design Group for the additional services related to Phase II of the landscape and lighting enhancement project at the Anaheim Convention Center. 31. Adopt the Negative Declaration for Construction of a Water Production Well (Well 54) at C350 125 E. Ellsworth Avenue in Downtown Anaheim 32. 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 Ramsgate Drive in the City of Anaheim, and, by motion, determine that the need for continuing the local emergency exists. ANAHEIM CITY COUNCIL MEETING MINUTES March 7, 2006 Page 9 34. Approve and authorize the Public Utilities General Manager to execute the amended 1737 Western Systems Power Pool (WSPP) Agreement and enabling documents necessary to implement and administer the agreement, including netting agreements. 35. Authorize the City Manager to execute the Agreement with AT&T to expedite the installation 3971 of equipment for Project Lightspeed to enhance telecommunication offerings to the City's businesses and residents. 36. RESOLUTION NO. 2006-023 A RESOLUTION OF THE CITY COUNCIL OF THE 0160 CITY OF ANAHEIM authorizing the Chief of Police or his designee to submit a grant application on behalf of the City of Anaheim to the U.S. Office of National Drug Control Policy, Counterdrug Technology Assessment Center, to participate in the FY 2006 Technology Transfer Program Grant, 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 Fiscal Year 2006-2007 accordingly. 38. RESOLUTION NO. 2006-025 A RESOLUTION OF THE CITY COUNCIL OF THE CITY P110 OF ANAHEIM declaring its intention to vacate certain public streets, highways and easements. (Abandonment No. ABA2005-00107). Public hearing scheduled for April 11, 2006. 39. RESOLUTION NO. 2006-026 A RESOLUTION OF THE CITY COUNCIL OF THE P110 CITY OF ANAHEIM declaring its intention to vacate certain public streets, highways and easements. (Abandonment No. ABA2005-00118) Public Hearing scheduled for April 11, 2006. 40. RESOLUTION NO. 2006-027 A RESOLUTION OF THE CITY COUNCIL OF THE P110 CITY OF ANAHEIM declaring its intention to vacate certain public streets, highways and easements. (Abandonment No. ABA2005-00117.) Public Hearing scheduled for April 11, 2006. 41. RESOLUTION NO. 2006-028 A RESOLUTION OF THE CITY COUNCIL OF THE CITY P124 OF ANAHEIM accepting certain deeds conveying to the City of Anaheim certain real properties or interests therein. (City Deed Nos. 10914, 10915 and 10916). 42. RESOLUTION NO. 2006-029 A RESOLUTION OF THE CITY COUNCIL OF THE P105 CITY OF ANAHEIM adopting the Master Plan of Storm Drainage for East Garden Grove Wintersburg Channel Tributary Area January 2006. 43. RESOLUTION NO. 2006-030 A RESOLUTION OF THE CITY COUNCIL OF THE CITY 0154 OF ANAHEIM establishing rates of compensation for classifications assigned to the Anaheim Municipal Employees Association, General Unit. RESOLUTION NO. 2006-031 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving a Letter of Understanding between the Anaheim Municipal Employees Association, General Unit, and the City of Anaheim. ANAHEIM CITY COUNCIL MEETING MINUTES March 7, 2006 Page 10 44. RESOLUTION NO. 2006-032 A RESOLUTION OF THE CITY COUNCIL OF THE CITY D154 OF ANAHEIM amending Resolution No 2000R-128 which established rates of compensation for job classifications designated as Police Safety Management. RESOLUTION NO. 2006-033 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending Resolution No 92R-17 which established personnel rules for management, confidential and non-represented part-time classifications. 45. RESOLUTION NO. 2006-034 A RESOLUTION OF THE CITY COUNCIL OF THE CITY D154 OF ANAHEIM approving a Letter of Understanding between the International Brotherhood of Electrical Workers, Local 47 and the City of Anaheim. 46. RESOLUTION NO. 2006-035 A RESOLUTION OF THE CITY COUNCIL OF THE CITY D155 OF ANAHEIM (I) Authorizing the submittal of an application to the California State Department of Housing and Community Development for funding under the Workforce Housing Reward program for affordable housing projects located in the City of Anaheim, (II) if selected for such funding, authorizing the execution of a Standard Agreement, any amendments thereto and any related documents necessary to participate in the Workforce Housing Reward program, and (III) if selected for such funding, amending the budget for Fiscal Year 2006-07 accordingly. 47. ORDINANCE NO. 6018 (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. 2005-00169). (Property consists of 40.9 acres located on the east side of Olive Street, between Santa Ana Street and South Street.) 48. Approve the regular adjourned meeting minutes of February 14, 2006 and special meeting minutes of February 22, 2006. END OF CONSENT CALENDAR: 20. Accept the bid from Academy Electric, Incorporated, for electrical maintenance for the D180 Anaheim Resort District in a not-to-exceed amount of $67,600 for a period of one year, with four (4) one-year optional renewals, and authorize the Purchasing Agent to exercise the renewal options, all in accordance with Bid #6719. Council Member Sidhu suggested two year optional renewals rather than locking the Department into four years. Doris Roush, Public Works Department, remarked that the Department had historically tried to keep the same contractor for continuity, particularly in the resort area. She indicated maintenance in the resort was performed by contractors and it took time for the contractors to learn where everything was given the number of street trees and locations of electrical boxes. Ms. Roush added there were cancellation clauses if the contractor did not perform properly. At that time, Public Works would not extend the contract, would rebid it and return to Council for approval. Mr. Morgan added the City had more options than the vendor. In this contract if the vendor was not performing at a satisfactory level they would not receive a fee increase which was capped by CPI, and it was a judgment call by the Department to provide continuity with a vendor who was providing good service. ANAHEIM CITY COUNCIL MEETING MINUTES March 7, 2006 Page 11 Mayor Pringle asked if the bid documents indicated a one year contract with renewal options; Ms. Roush confirmed it was very clear there would be a one-year contract with options for renewals and that the renewals would only be exercised at the agreement of both parties, that any increase was based on cost of living increase and that the vendor must continue to perform to the City's satisfaction. Council Member Hernandez remarked the bid award came in $15,000 less than the not to exceed amount. He indicated the reasons other vendors did not bid reflected either they were too busy or believed it was not profitable enough and thanked staff for their diligence in getting a bid result of $52,000. Council Member Chavez moved to accept the bid of Academy Electric, seconded by Council Member Hernandez. Roll call vote: Ayes - 5; Mayor Pringle, Council Members: Chavez, Galloway, Hernandez and Sidhu. Noes - O. Motion carried. 27. Approve the Amended and Restated Lease Agreement, between the City of Anaheim and 1502 Anaheim Hotel, LLC for the purpose of renovating the Coast Anaheim Hotel. Elisa Stipkovich reported Item No. 27 was a land lease the City entered into in1976 and staff was requesting an amendment to the lease that accomplished several items. She remarked the developer and the operator of the hotel had been reinvesting in the site which went from the Coast Hotel to becoming a Sheraton, a 3-star mobile full-service hotel which would be a big asset in terms of helping convention center business. In addition, the developer spent $35 million in renovations, now underway and nearing completion. The developer was seeking permanent financing as they had a construction loan for the rehabilitation and were now requesting an extension of 16 years to the current lease. She noted the lease extension would be approximately at the same percentage rent the City was currently receiving; however the City would have a substantial increase in the minimum rent of $80,000 per year to a minimum of $750,000 which the hotel had been paying during the construction period. Another element, she stated, was to approve a sublease to Morton's restaurant to be treated as another revenue stream on the property except the $2.5 million in tenant improvements and construction of the shell for Morton's restaurant must be completed and the rent would be at a slightly lower percentage due to the capital investment. On this site, Ms. Stipkovich remarked, the developer had control into 2042 and could accommodate another 450 hotel rooms. Staff was proposing in the lease that approximately five acres of that site would be taken out of this lease if the developer did not build at least 350 additional rooms when the market met certain conditions spelled out in the lease. At that time, the property would revert to the City of Anaheim to use in terms of getting another developer to build a hotel or for other purposes. In that circumstance, she added, the Morton's lease would revert to the City and the City would receive the full income stream but would have to pay them any unamortized capital costs they had expended. Council Member Sidhu congratulated staff on the lease and for bringing in a restaurant of Morton's caliber and moved to approve the amended and restated lease agreement, seconded by Council Member Hernandez. Roll call vote: Ayes - 5; Mayor Pringle, Council Members: Chavez, Galloway, Hernandez and Sidhu. Noes - O. Motion carried. 28. Approve a lease for the property located at 150 West Vermont Street, which will be the 3970 location of the Anaheim Family Justice Center (AFJC). ANAHEIM CITY COUNCIL MEETING MINUTES March 7, 2006 Page 12 Chief Welter reported staff had been working to identify a potential site for the family justice center and determined the site at 150 W. Vermont Street was most suitable as it contained ample office space and space for growth and was centrally located with parking. He stated the first year start up costs for the center was about $250,000 and the first year recurring costs were $4.1 million. Of that $2.1 million was in the existing Police Department budget, $1.5 million would be requested in 06/07 budget and a $500,000 grant received from California Endowment would be used for start up costs. He explained startup costs were broken down to approximately $3.2 million in personnel, $200,000 in on13oing operations and $548,000 for the lease with other operating costs to total $4.1 million. He commented the Department had already taken a number of steps to make this a reality and had established an advisory board and meeting schedule, had also developed a strategic plan and was now seeking approval for a nonprofit status through the state. In addition, a foundation board of directors and meeting had been scheduled and 15 detectives and sergeants and personnel from family crimes had been transferred and four additional detectives, four support personnel, two attorneys and one litigation secretary would be added to the Department's budget next year. Chief Welter noted this was a 10 year lease subject to three 5-year extensions at the City's option. Dave Morgan, City Manager, remarked the City was also seeking federal funds for the purpose of purchasing the building. Council Member Galloway acknowledged Bill Taormina and others who had made the justice center possible remarking that the collaboration of support services located in one place was invaluable to victims who otherwise might have to go to 30 different places for support. She believed this center would be a model for cities and counties nationwide. Council Member Chavez thanked the City Manager and the Police Chief for establishing the center as a public/private team effort. Council Member Chavez moved to approve the Anaheim Family Justice Center lease, seconded by Council Member Galloway. Council Member Sidhu commended Mr. Taormina for providing the justice center building and clarified that once escrow closed on the property, the lease would come into effect. Roll call vote: Ayes - 5; Mayor Pringle, Council Members: Chavez, Galloway, Hernandez and Sidhu. Noes - O. Motion carried. 33. Adopt a City Council Policy establishing a City Council Reimbursement Policy pursuant to D114 AB 1234 (Government Code Section 53232 et seq.). Mayor Pringle indicated Council was required by state law to establish a Council reimbursement policy as contained in Item No. 33. In a discussion with the City Attorney, he stated there was an element included that members of boards and commission of the City would also fall under this policy which would require them, if reimbursements were provided, to go through an ethics training program. Mayor Pringle recommended, with the consent of Council, a further policy be drafted which stated that no member of any commission would have any expenses reimbursed with the exception of the Planning Commission and Public Utilities Board. Council Member Sidhu concurred but asked the City Manager to identify any other commissioners with reimbursable expenses and include them in the policy. Mayor Pringle requested the draft include a statement that any reimbursement claim filed by a commissioner be preapproved by the senior staff overseeing the Commission, not after the fact. Mayor Pringle moved to approve Item 33, seconded by Council member Galloway. Roll call vote: Ayes - 5; Mayor Pringle, Council Members: Chavez, Galloway, Hernandez and Sidhu. Noes - O. Motion carried. ANAHEIM CITY COUNCIL MEETING MINUTES March 7, 2006 Page 13 37. RESOLUTION NO. 2006-024 A RESOLUTION OF THE CITY COUNCIL OF THE 0160 CITY OF ANAHEIM authorizing the Chief of Police or his designee to submit a grant application on behalf of the City of Anaheim to the U.S. Department of Justice, Bureau of Justice Assistance, to participate in the FY 2006 Bulletproof Vest Partnership 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 for Fiscal Year 2006-07 accordingly. Mayor Pringle requested discussion on this item as he had recalled an Orange County Register article concerning bullet proof vests meeting certain standards; Chief Welter confirmed the vests would meet appropriate standards. Council Member Hernandez to approve RESOLUTION 2006- 024 authorizing submittal of grant application on behalf of city to US DOJ to participate in FY 2006 Bulletproof Vest Partnership Grant and authorizing acceptance of such grant if awarded, seconded by Council Member Sidhu. Roll call vote: Ayes - 5; Mayor Pringle, Council Members: Chavez, Galloway, Hernandez and Sidhu. Noes - o. Motion carried. PUBLIC HEARINGS: 49. Public hearing to consider condemnation of a portion of certain real property located at P121 2312 East Paradise Road for the Lincoln Avenue from State College Boulevard to Sunkist Street Project, and authorizing the law firm of Rutan and Tucker, special counsel to the City, to proceed with said condemnation action. RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM determining the public interest and necessity for acquisition of portions of property located at 2312 East Paradise Road for the purposes of the Lincoln Avenue from State College Boulevard to Sunkist Street Project. (RNJ ACQ 2003-00173). MOTION: Authorize the law firm of Rutan and Tucker, special counsel to the City, to proceed with said condemnation action. Staff withdrew Item No. 49 from the agenda. 50. Public hearing to consider condemnation of a portion of certain real property located at P121 1556 West Katella Avenue Smart Street for the Katella Avenue - Ninth Street to Humor Drive Project, and authorizing the law firm of Rutan and Tucker, special counsel to the City, to proceed with said condemnation action. RESOLUTION NO. 2006-036 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM determining the public interest and necessity for acquisition of portions of property located at 1556 West Katella Avenue Smart Street - Ninth Street to Humor Drive Project (RNJ ACQ 2004-00220). MOTION: HIC Authorize the law firm of Rutan and Tucker, special counsel to the City, to proceed with said condemnation action. Mayor Pringle introduced the public hearing to consider the acquisition of certain interests and real property for the Katella Avenue Smart Street project, specifically 1556 W. Katella Avenue. He stated the property interests proposed to be acquired were described in the attached resolution. ANAHEIM CITY COUNCIL MEETING MINUTES March 7, 2006 Page 14 Natalie Meeks, Public Works Department, reported Item No. 50 related to the acquisition of right- of-way necessary for the construction of the Katella Avenue Smart Street project. The proposed project would improve Katella Avenue providing three thru-Ianes in each direction and improve the intersection at Euclid Street. She noted the project had been environmentally cleared through EIR No. 538, certified in February of 1993 and a copy of that EIR would be made part of the record of tonight's proceedings. She stated staff was in the process of acquiring a number of parcels necessary for the implementation of the project. Offers were being made to the property owners and staff was making every attempt to negotiate settlements with property owners and bring those to the City Council. She added staff had been unable to locate the property owner of the vacant lot, and attempts to contact the owner had been unsuccessful. Although the proposed project was not scheduled for construction until late this year, staff recommended moving forward with resolution of necessity to insure possession was obtained prior to construction since this eminent domain proceeding may take additional time. Staff requested Council adopt the resolution of necessity with one minor modification; section 6 indicated an offer has been made and although the City had mailed an offer to the last known address, it was recommended the language be modified to read, "an offer has attempted to be made.n Mayor Pringle opened the public hearing and receiving no testimony, closed the hearing. Council Member Hernandez moved to approve RESOLUTION NO. 2006-036 OF THE CITY COUNCIL OF ANAHEIM determining the public interest and necessity for acquisition of portions of property located at 2312 East Paradise Road for the purposes of the Lincoln Avenue from State College Boulevard to Sunkist Street Project as modified by staff, seconded by Council Member Chavez. Roll call vote: Ayes - 5; Mayor Pringle, Council Members: Chavez, Galloway, Hernandez and Sidhu. Noes - O. Motion carried. 51. This is a public hearing to consider the abandonment of a 15-foot public utility easement P110 located at 202 Eucalyptus. RESOLUTION NO. 2006-037 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM vacating a 15-foot public utility easement located at 202 Eucalyptus (Abandonment No. ABA2006-00120). Natalie Meeks, Public Works Department, reported the property owner at 202 Eucalyptus had recently dedicated some right-of-way, based on a proposal for development of an additional structure on his property. As the property owner had cancelled plans for that improvement, he was now requesting abandonment of the dedication he recently made. Mayor Pringle opening the public hearing and receiving no testimony closed the hearing. Council Member Sidhu moved to approve RESOLUTION NO. 2006-037 OF THE CITY COUNCIL OF THE CITY OF ANAHEIM vacating a 15-foot public utility easement located at 202 Eucalyptus, seconded by Council Member Hernandez. Roll call vote: Ayes - 5; Mayor Pringle, Council Members: Chavez, Galloway, Hernandez and Sidhu. Noes - O. Motion carried. ANAHEIM CITY COUNCIL MEETING MINUTES March 7, 2006 Page 15 52. CEQA NEGATIVE DECLARATION P100 GENERAL PLAN AMENDMENT NO. 2005-00439 RECLASSIFICATION NO. 2005-00168 WAIVER OF CODE REQUIREMENT CONDITIONAL USE PERMIT NO. 2005-05046 TENTATIVE TRACT MAP NO. 16932 . OWNER: Property Reserve Inc., Attn: Mark Gibbons, 5 Triad Center, Suite 650, Salt Lake City, Utah 84180 AGENT: Jackie Rodarte, The Olson Company, 3020 Old Ranch Parkway, Suite 400, Seal Beach, CA 90740 LOCATION: 1731 Medical Center Drive: Property is approximately 2.5 acres, having a frontage of 462 feet on the north side of Medical Center Drive and is located 587 feet west of the centerline of Euclid Street. General Plan Amendment No. 2005-00439 - Request to redesignate the property from the Public Institutional land use designation to the Low-Medium Density Residential land use designation. Reclassification No. 2005-00168 - Request to reclassify the property from the C-G (General Commercial) zone to the RM-3 (Residential, Multiple-Family) zone or less intense zone. Conditional Use Permit No. 2005-05046 - Request to permit a 32-unit, single-family attached residential condominium project with waivers of (a) permitted encroachments into required street setback and (b) minimum distance of monument sign from public right-of- way. Tentative Tract Map No. 16932 - Request to permit a 1-lot, 32-unit airspace attached residential condominium subdivision. ACTION TAKEN BY THE PLANNING COMMISSION: CECA Negative Declaration denied (6 yes votes, Commissioner Velasquez abstained). General Plan Amendment No. 2005-00439 denied (7 yes votes). Reclassification No. 2005-00168 denied (7 yes votes). Waiver of Code Requirement denied (7 yes votes). Conditional Use Permit No. 2005-05046 denied (7 yes votes). Tentative Tract Map No. 16932 denied (7 yes votes). The applicant, Olson Company, requested this item be continued to April 11, 2006. Report on Closed Session Actions: No report. Council Communications: Council Member Hernandez announced the passing of long-time resident Vivian Engelbrecht, an involved member of the community who had participated in most City organizations, a former president of Anaheim Arts Council, former president of the Women's Division of Anaheim Chamber of Commerce, and active in the Salvation Army and Red Cross. He also noted the passing of retired employee, Lawrence Murtha and of long-time Public Works employee Gerald Wayne Bowers. ANAHEIM CITY COUNCIL MEETING MINUTES March 7. 2006 Page 16 Council Member Galloway provided highlights from her recent trip to Hong Kong and Shanghai remarking on the lack of traffic congestion for such a heavily populated area which she attributed to the bullet trains which provided transportation between cities at high speeds. She spoke of visiting the magnetic levitation train system in Shanghai which took 7 minutes to travel 20 miles relating it to the planned mag lev system for Anaheim. Council Member Sidhu thanked all of the Anaheim volunteers throughout the community that were recognized at the Annual Recognition Banquet hosted by the Community Services Department. He also requested the City Attorney look into defining a Council Policy and establishing factors relative to the competitive bid process in determining the best interests of the City as it related to the sale of municipal property per Charter Section 1222 within the next 30 days. Council Member Chavez expressed the hope that Orange County swap meet manager, Pacific Theatres, would deal with the vendors who were being displaced fairly and responsibly. He also addressed the two Miss Anaheim pageants taking place and looked forward to both organizations resolving the claim for the Miss Anaheim title. Mayor Pringle remarked both organizations had asked to bring their representative to be presented to Council and he had indicated there would be no presentations until there was a resolution of this issue. He appointed Council Member Chavez as arbitrator to work with the two organizations and resolve the issue. Council Member Chavez also reported on the 90 minute play at the Chance Theatre on La Palma and urged the community to visit the non-profit theatre. Mayor Pringle announced Anaheim resident and Kennedy High School student Lisa Tucker would be appearing on the American Idol show and encouraged all to watch and vote in support. He also thanked Tom Wood for working with AT&T to make Anaheim one of the leaders in technology across the country. He commented that competition would see rates decrease and product options increase for residents and business in Anaheim. He discussed his recent trip to Hong Kong Disney theme park and to Shanghai with Council Member Galloway and Supervisor Bill Campbell and spouses, clarifying the trip had been at his own and Council Member Galloway's expense. He noted that in the past, Anaheim had been the beneficiary of 16 million Japanese tourists visiting the City and with 100 million Chinese expected to travel outside their country in the next 10-14 years, this trip was an effort towards encouraging tourist travel to Anaheim. In addition, he spoke of viewing the mag lev transportation system similar to the system to be developed from Anaheim to Ontario and eventually to Las Vegas. Adjournment: At 7:46 P.M. with the consent of Council, Mayor Pringle adjourned the meeting of March 7, 2006 Re,,:ullY submi ed, ~~eder, MMC City Clerk