Loading...
2007/02/27ANAHEIM, CALIFORNIA CITY COUNCIL REGULAR ADJOURNED MEETING FEBRUARY 27, 2007 The regular meeting of February 27, 2007 was called to order at 3:00 P.M. and adjourned to 5:00 P.M. for lack of quorum. Mayor .Pringle called the February 27, 2007 regular adjourned session to order at 5:10 P.M. PRESENT: Mayor Curt Pringle and Council Members: Lorri Galloway, Bob Hernandez, Lucille Kring and Harry Sidhu. STAFF PRESENT: City Manager Dave Morgan, City Attorney Jack White, and City Clerk Linda Nguyen Invocation: Pastor Ed Bartel, Sunkist Community Church Flag Salute: Council Member Sidhu Presentations: Recognizing the Anaheim 150 Anniversary Babies City Council recognized the three Sesquicentennial babies born the first day of this year from three Anaheim hospitals: Kaiser Permanente, Anaheim Memorial Medical Center and Western Medical Center. Baby Isabella Magehee, Baby Karen Hernandez and Baby Ursula Ramirez were introduced and given a basket of donations from various Anaheim businesses. Recognizing the 2006 Eagle Scouts in the City of Anaheim Thirty scouts received recognition for achieving the rank of Eagle Scout, eight of whom were present and introduced to Council and the community. Acceptance of Other Recognitions iTo be presented at a later date): Proclaiming the City of Anaheim's support for the Southern California Committee for the Olympic Games Declaration recognizing Lynn Daucher for her service as California State Assembly Member during 2000-2006 Mayor Pringle called to order the Housing Authority and the Public Financing Authority for a joint public comment session. ADDITIONS/DELETIONS TO ANY OF THE AGENDAS: None PUBLIC COMMENTS: Orange County Supervisor Chris Norby discussed the partnership the City of Anaheim had with the County of Orange. He commented on Cop Link, the program which shared information between various law enforcement bodies including the Probation Department and the District Attorney's office. He also reported the Orange Council District Attorney was creating the first county-based ANAHEIM CITY COUNCIL MEETING MINUTES February 27, 2007 -Page 2 DNA data base in the country which held the promise of finding the guilty more quickly and also exonerating the innocent. He pointed to Anaheim's contract for animal control services, stating the county's "barking dog" ordinance would be a value to residents. Supervisor Norby also remarked on the ARTIC project to be constructed on the former Katella maintenance site, purchased by Orange County Transportation Authority (OCTA) to service the commuters and motorists in Orange County bringing Metrolink and a possible future people mover here alongside the freeway along with a bike trail and a transportation hub for the OCTA bus system. He discussed county islands of about 8,000 residents who were surrounded on three sides by west Anaheim, remarking he hoped those islands would be annexed to the City in the future. Supervisor Norby stated he supported approval of Item 19 on the agenda for the City to purchase power from the production of landfill gas from the Olinda Landfill in Brea and also talked of the unrealized recreational potential of the Santa Ana River as it runs through the City Eric Altman, OCCORD (Orange County Communities Organized for Responsible Development) stated OCCORD was still committed to affordable housing in the Resort District and was here to show support to the city referencing the recent Disneyland lawsuit. Martin Lopez, resident, worked in Anaheim as a waiter for 11 years and was currently secretary/treasurer to the hotel workers union, Local 681. He stated about 2,000 of Local 851's 5,000 members lived in Anaheim but were forced to do so in overcrowded conditions to make ends meet. He commented housing wage was now $28.56/hour with an average housekeeper or dishwasher making less than $10 an hour. He emphasized Anaheim needs more affordable housing and believed the Resort District was the area most in need. Lorri Cadenas, vice-president of United Here, Local 681, stated she lived in Riverside and commuted two hours each way each day because she could not afford to live in Anaheim. She was here to support affordable housing in the Resort District and encouraged Council to revisit the issue. Caesar Covarrubias, Kennedy Commission, spoke as an advocate for affordable housing for individuals earning less than $10 per hour. He recognized the City's vision for the resort and asked the business community to take this opportunity to come forward with ideas in how they could participate in solving the affordable housing crisis in the city of Anaheim. Constantine Roditis, resident, supported keeping resort area property for resort related businesses and encouraged not expanding affordable housing into an area like the resort which could harm revenue generation. At 5:49 P.M., Mayor Pringle recessed the Council and Public Financing Authority to consider the Housing Authority agenda, reconvening at 5:57 P.M. CONSENT CALENDAR: Mayor Pringle removed Item 8 and Item 15 from the consent calendar for further discussion; Council Member Hernandez removed Item 19 and Council Member Sidhu removed Item No. 10. Council Member Hernandez waived reading in full of all ordinances and resolutions and to approve the balance of the consent calendar in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar; seconded by Council Member Galloway. Roll call vote: Ayes - 5; Mayor Pringle, Council Members: Chavez, Galloway, Hernandez and Sidhu. Noes - 0. Motion carried. ANAHEIM CITY COUNCIL MEETING MINUTES February 27, 2007 -Page 3 MOTION: H/G Waive reading in full of all ordinances and resolutions and adopt the consent calendar. 5. Receive and file the Library Board meeting minutes of January 8, 2007, Public Utilities B105 Board minutes of December 21, 2006, Golf Commission minutes of July 27, 2006, August 24, 2006, September 28, 2006, October 26, 2006, and the January 2007 Investment Portfolio Report. 6. Approve an Engineering Services Agreement with PSOMAS for the design of Phase I of the 4458 Citywide Sanitary Sewer System Repair and Rehabilitation Program in an amount not to exceed $269,881. 7. Approve Amendment No. 3 to the Agreement with- CWA AIA, Inc., for consultant services to 3448.3 provide construction documents for the exterior renovation addition to the Central Library Rehabilitation Project. 9. Waive the sealed bid requirement of Council Policy 306 and authorize Purchasing Agent to D180 issue a purchase order to Sico America Incorporated, in the amount of $31,807.54 (including tax and freight), for portable stage and dance floor parts and accessories. 11. Ratify the issuance of purchase orders for secondary wire products to American Wire D180 Group, in the amount of $94,176.76 (including tax), Wesco Distribution, in the amount of $155,327.02 (including tax), and One Source Distribution, in the amount of $14,179.90 (including tax), for the Public Utilities Department, all in accordance with Bid #6862. 12. Accept the low bid of Precision Air Conditioning, in an amount not to exceed $40,174, for D180 centrifugal chiller maintenance and repairs for the Convention Center for a period of one- year, and authorize the Purchasing Agent to exercise up to three one-year renewal options, all in accordance with Bid #6841. 13. Approve the cancellation of the March 27, 2007 regularly scheduled meeting and replace it D114 with an adjourned meeting for March 20, 2007. 14. Approve License Agreements with Anaheim Police Activities League, Anaheim Family 4459 4460 YMCA, Boys & Girls Clubs of Anaheim, and Magnolia School District for non-exclusive use 4461 4462 of designated activity areas of the West Anaheim Youth Center for the purpose of conducting youth recreation and educational programs for a period of five years. 15. Approve an Electrical Utility Agreement with TriCord Management LLC, dba TriCord 4463 Tradeshow Services, Inc., to provide various electrical services for events at the Convention Center. 16. Approve and authorize the Human Resources Director to accept the City's obligation and D154.5 execute the Trust Agreement of the International Brotherhood of Electrical Workers, Local 47 Retiree Medical Plan. 17. Approve and authorize the City Manager to execute a Training License Agreement with 4464 Franklin Covey to allow certified City trainers to offer Covey training programs to City ANAHEIM CITY COUNCIL MEETING MINUTES February 27, 2007 -Page 4 employees and the purchase of appropriate Franklin Covey training materials to support these programs. 18. Approve and authorize the Public Utilities General Manager to execute an agreement with 4465 SoftSmiths, Inc., in an amount not to exceed $946,000 for implementation in the first year and an annual fee not to exceed $442,000 per calendar year for the purchase of required energy hardware, software equipment, and services. 20. RESOLUTION NO. 2007-023 A RESOLUTION OF THE CITY COUNCIL OF THE D116 CITY OF ANAHEIM AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS MORE THAN TWO YEARS OLD. (Intergovernmental Relations Division) 21. RESOLUTION NO. 2007-024 A RESOLUTION OF THE CITY COUNCIL OF THE CITY D116 OF ANAHEIM AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS MORE THAN TWO YEARS OLD. (Public Information Office) 22. RESOLUTION NO. 2007-025 A RESOLUTION OF THE CITY COUNCIL OF THE D117 CITY OF ANAHEIM AUTHORIZING THE DESTRUCTION OF CERTAIN CITY RECORDS MORE THAN TWO YEARS OLD. (City Treasurer Department} 23. RESOLUTION NO. 2007-026 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. 11013, 11014 AND 11015). 24. RESOLUTION NO. 2007-027 A RESOLUTION OF THE CITY COUNCIL OF THE CITY D154.5 OF ANAHEIM APPROVING A LETTER OF UNDERSTANDING BETWEEN THE CITY OF ANAHEIM AND THE INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL 47. 26. ORDINANCE NO. 6050 (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. 2006- 00180). (606 East Orangewood Avenue) 27. ORDINANCE NO. 6051 (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. 2006- 00189). (1881 West Lincoln Avenue) 28. ORDINANCE NO. 6052 (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. 2006- 00182). (3105 West Orange Avenue) 29. Approve the regular City Council meeting minutes of February 13, 2007. ANAHEIM CITY COUNCIL MEETING MINUTES February 27, 2007 -Page 5 END OF CONSENT: 8. Approve an increase of the Department of Public Works' general fund expenditure D175 appropriation by $350,000 for FY 2006/07 for debris removal expenses related to the Maple Tree/Circle Haven and Ramsgate landslides. Gary Johnson, Director of Public Works/City Engineer, reported this funding request was for debris removal related to the Ramsgate landslide as well as on-going costs for erosion control and to maintain the temporary road construction to provide access to residents of that area. He indicated Caltrans had been doing a significant amount of work in the Maple Tree/Circle Haven site and the City had some limited costs associated with those properties. Mayor Pringle pointed out there had been meetings with the residents of Maple Tree/Circle Haven relative to their issues of insuring no homes would be rebuilt and that the cleared lots look more natural and not remain barren for 10-20 years. He indicated Caltrans had cleared six lots with two more to go, had put unsightly construction fences surrounding the cleared lots and were continuing to look for ways to shore up the properties. He added pools and foundations had not been removed so as not to compromise the stability of the land. Mayor Pringle added that at the end of this process, the City might consider requesting the property be converted to the City with some long-term right to landscape, without assuming any future sliding liability, in a manner agreeable to Caltrans. Council Member Sidhu asked if the site would be visual only or could sustain walkers; Mayor Pringle indicated there was nothing from Caltrans to suggest people were prohibited from walking on the site and having a meandering sidewalk and benches could be considered. Mr. Morgan indicated he would work with staff and Caltrans to bring a proposal back to Council Council Member Galloway moved to approve Item No. 5, seconded by Council Member Hernandez. Roll call vote: Ayes - 5; Mayor Pringle, Council Members: Chavez, Galloway, Hernandez and Sidhu. Noes - 0. Motion carried. 10. Waive the sealed bid requirement of Council Policy 306 and authorize Purchasing Agent to D180 issue a purchase order to Simplex Grinnell LP, in an amount not to exceed $252,014 for fire alarm services for a period of one year with four one-year renewal options, and authorize the Purchasing Agent to exercise the annual renewal options. Council Member Sidhu asked if the City had many contracts which included proprietary components where other vendors were not able to service these components. Mr. Morgan responded that in general it was unusual to have a contract of this type, however, given the complexity of this particular system, the performance by Grinnell and the concern about having multiple vendors working on this system, it was staff's judgment to go with Grinnell in this case. He added the percentage of this type of proprietary situation was less than five percent as City staff wrote contracts to be as competitive as possible. Council Member Sidhu asked if there was any way to separate mechanical repairs which could be done by other vendors from the proprietary aspect of this system. Mr. Morgan responded since this contract was for a one year period with renewal options, he recommended approval of the item stating staff would bring a fuller report to Council before exercising any renewal options. Council Member Sidhu moved to approved Item No. 10, seconded by Council Member Kring. Council Member Hernandez recommended seeking vendors with more compatible components to ANAHEIM CITY COUNCIL MEETING MINUTES February 27, 2007 -Page 6 allow for more competitive bids in the future. Roll call vote: Ayes - 5; Mayor Pringle, Council Members: Chavez, Galloway, Hernandez and Sidhu. Noes - 0. Motion carried. 19. Approve and authorize the Public Utilities General Manager to execute ashort-term Power 4466 Purchase Agreement with Brea Power Partners, LP, for the purchase of 5 megawatts of 4467 landfill gas renewable energy, and along-term Power Purchase Agreement with Brea Power II, LLC, for the purchase of 25 megawatts of landfill gas renewable energy, and certify compliance with the California Energy Commission's greenhouse gases Emission Performance Standard. Marcie Edwards, Public Utilities General Manager, reported Item 19 reflected two agreements to turn landfill gas into electricity. The first agreement, she stated, was for five megawatts and the second agreement would come into play after termination of the short-term agreement. She stated the renewable energy was reasonably priced as the City's overall average portfolio was roughly $70 per megawatt hour and this agreement was $75 per megawatt hour with a two percent escalation. She pointed out the Utility gets a number of other benefits from these agreements: 1) This renewable energy would add toward the Council directed goal of having 10 percent of the electricity supply portfolio renewable energy by the year 2010. 2) This project would offset a likely $1.5 million per year in additional fees that was being imposed by California Independent System Operator. She noted that Anaheim imported approximately 90 percent of its energy and was beginning to pay fees for lack of "local capacity." As the Brea plant was located close enough to Anaheim, it would be counted as an offset toward that increasing fee, saving the City about $1.5 a year. 3) For every ton of landfill gas that was burned to create electricity, about 23 tons of greenhouse gases would be actually eliminated since the process of using landfill gas to create electricity reduced rather than increased greenhouse gas emissions, and Ms. Edwards pointed out the City would be in a position to receive credits for the emissions as a result of these agreements. The value of the greenhouse gas emissions was still not known, but estimates based on programs in other areas, indicated the value of these offsets could be up to $1 million a year. Council Member Sidhu commended the department on this project. Council Member Hernandez moved to approve Item No. 19, seconded by Council Member Galloway. Roll call vote: Ayes - 5; Mayor Pringle, Council Members: Chavez, Galloway, Hernandez and Sidhu. Noes - 0. Motion carried. 25. ORDINANCE NO. 6049 (INTRODUCTION) AN ORDINANCE OF THE CITY OF M142 ANAHEIM AMENDING SECTION 1.09.050 CHAPTER 1.09 OF TITLE 1 OF THE ANAHEIM MUNICIPAL CODE RELATING TO THE CITY OF ANAHEIM CAMPAIGN REFORM LAW. (Continued from the meeting of 2/13/07.) Mayor Pringle asked when there were any items on an agenda that could change Council policy, that those items not be included on the consent calendar. Jack White, City Attorney, reported in April of 2005, Council by ordinance changed prospectively the $1,500 contribution limit for municipal elections and provided that starting in January, 2007 the limit would float upward with the CPI and be rounded off to the nearest $10 and based upon the increase in the CPI for the last 2 year period, the adjustment this year was calculated to be from $1,500 to $1,620 as the maximum contribution. He noted that adjustment took effect January 1 of this year and was placed on the agenda as a receive and file item since no action was required. At ANAHEIM CITY COUNCIL MEETING MINUTES February 27, 2007 -Page 7 that time, he stated Council Member Kring requested consideration of pulling back to the $1,500 contribution limit be agendized, which was now before Council for consideration. Council Member Kring indicated she had requested the ordinance be amended because she felt the increased contribution limit placed an undue burden on the business community, family, friends, and neighbors. She commented that many times the business community supported more than one candidate and this threshold placed undue pressure on donors. She added the business community was asked to support a myriad of charities and causes in the City and in the county and recommended keeping the contribution limit at a fixed $1,500 figure. Mayor Pringle did not feel a contribution limit was a burden pointing out no person or entity was forced to contribute and any contributions offered were not required to be the maximum amount. He said in general he had a problem with the constitutional restriction on free speech and for him; this contribution limit was a compromise. He added one of the challenges for candidates was that there were individuals who had resources and could lend themselves funds far in excess of the $1,500 and to be able to compete on a level playing field. He believed it was important to allow candidates the right to receive contributions from others. He pointed out the process followed the same ordinance put in place by the Orange County Board of Supervisors and allowed for a cost of living increase to the $1,000 contribution limit established in the early 90's which was equivalent in today's dollars to $1,620. Mayor Pringle added this was good government. Council Member Hernandez stated he was sensitive to the idea of freedom of speech when it came to campaign finance and was not uncomfortable with cost of living adjustment but felt this large of a leap was excessive. He also believed an incumbent had an unfair advantage over someone running for office for the first time. Council Member Kring reiterated that no one had an obligation to contribute but she also recalled a number of years ago when she first served on council, there were some members of council who felt no limits were needed. That ordinance went through the first reading, but on the second reading, there were so many calls and speakers at the podium saying this had an impact on the business community, that a maximum limit was requested. While she understood both issues, she believed there should be a cap on the funding received. Council Member Sidhu commented that minimum wage goes up, the cost of mailing goes up, and costs associated with elections go up each year. He suggested leaving the ordinance the way it is with the exception of rounding-off the CPI CPI increase to the nearest $100 rather than the nearest $10. Council Member Kring moved for first reading of the ordinance identified in Item No. 25. Council Member Sidhu requested a substitute motion to retain the existing ordinance, but to round the CPI adjustment to the nearest $100 rather than the nearest $10, seconded by Council Member Galloway. Roll call vote on substitute motion: Ayes - 3; Mayor Pringle, Council Members Galloway and Sidhu. Noes - 2; Council Member Hernandez and Kring. Motion Carried. Mr. White confirmed an ordinance to that effect was introduced and would return to Council at the next meeting for second reading. Council Communications: Council Member Hernandez attended the re-opening of the rebuilding of the Horace Mann School and suggested the City partner with the Anaheim Union School District to develop an auditorium on this site. Mayor Pringle asked for a memo back to Council to determine what the issues were, what the interests of the school were and how much they had available in bond debt. He added as ANAHEIM CITY COUNCIL MEETING MINUTES February 27, 2007 -Page 8 Council addressed capital budget projects for the next fiscal year, this information would be beneficial. Council Member Galloway viewed Disney's lawsuit with sadness stating it would serve to divide rather than unify. She also requested that a discussion be agendized referencing how the City could become more involved in the Sister City program, exploring new sister city relationships and expanding current relationships with the possibility of creating a commission or executive committee. Mayor Pringle recognized the interest displayed by Council Members Galloway, Hernandez and Sidhu on this subject and concurred in having a discussion or possible workshop to understand the existing program and structure, find out how other cities participate in a sister city program, and determine whether the city should have some degree of participation. Council Member Hernandez indicated he was a member of the sister city board remarking it was difficult to raise the needed funds to promote relationships with developing sister cities. Council Member Kring congratulated all the volunteers recognized at the Grove for their participation in Anaheim. She reminded the community of the Anaheim Police Activities League golf tournament on March 12~h at Los Coyotes Country Club and encouraged participation by the community. Council Member Sidhu spoke of the support the Mito business community provided to their sister city organization and emphasized the need for a similar partnership with the Anaheim business community. He recommended surveying the business community to determine their interest. He also reported that the California Transportation Commission did not recommend additional transportation funding for Orange County projects while it recommended $789 million to Los Angeles County. This latest recommendation, he stated, overlooked a significantly vital project on Route 91, discussing the benefits of this project. He urged the community to contact local legislators urging the inclusion of this project as the final decision would be made Tuesday morning. He further discussed the prior Council meeting when the issue of housing in the resort district was considered. He felt that issue should be considered by its impact on the whole community not solely discussed as an affordable housing issue. He added he had discussed, with Mayor Pringle at length, this subject and the possibility of a compromise. He acknowledged if the City needed to go further than the goals established by the Affordable Housing Strategic Plan, the City should do that but at the same time, it should protect the Resort District. He recommended bringing the business leaders together to solve this problem without impacting the Resort District and to find a compromise solution, indicating the Mayor would elaborate on this compromise. Mayor Pringle remarked the Orange County Board of Supervisors voted to enact a countywide barking dog ordinance and since animal control services were provided by the county for the City of Anaheim, he asked that a similar ordinance be considered by this Council. Mayor Pringle had also met with newly elected school board members of the Anaheim Union High School District who were interested in working with the City on shared joint uses. He would ask for a representative from all the cities that were part of the Anaheim Union High School District to meet with the District and find a plan to work together to insure those properties that were owned by schools and chained and restricted from access by the public during off-school hours, could be shared and how cities could participate, help program, and help fund some of the public space uses. ANAHEIM CITY COUNCIL MEETING MINUTES February 27, 2007 -Page 9 He also discussed the distribution of bond money for transportation for Orange County. On the first round of bond money allocation, he reported Orange County had more than neighboring counties and on the second round, there was no funding offered. The four projects that were funded in the original request were: 1) $200 million for the 22 connectors to the 405 and 605, carpool lane to carpool lane, 2) the widening of the 57 Freeway in Anaheim from Katella to the 91 and 3) the widening of the 57 Freeway into Fullerton and into Los Angeles County as well as 4) a new eastbound lane off the 241 onto the 91 Freeway eastbound. He added whether the additional lane on each side of the 91 Freeway from the 55 to Gypsum Canyon Road, was funded tomorrow, it continued to be a project of high priority to Orange County and would eventually get funded. Referencing the previous Council meeting and the issue of adding housing within the Resort District, he indicated that hours and hours of testimony had been received. He added that today Disney Corporation sued the City on issues related to the Planning Commission action noting that issue would be resolved in the courts. Commenting on his discussion with Council Member Sidhu on SunCat's proposal to add housing in an area presently zoned for a hotel, of which 15 percent of the units would be affordable, he stated their discussion referenced reaching a compromise solution for all parties, indicating he would now share those ideas with the rest of Council. On the subject site composed of two mobile home parks, it was suggested that the front mobile home park remain 100 percent resort-oriented (removing the overlay for residential from that property )and the mobile home park in the back could be adjusted where residential would be allowed, including 15 percent affordable and removed from the Resort District. Referencing the Toys R Us site, the front parcel could be utilized for resort uses but the back of the parcel would be removed from the Resort so housing could be allowed. Another site discussed was the site where the Boogie was presently located, recommending it remain 100 percent resort, with no overlay for residential. A fourth parcel, the one on Ball Road and Haster, there were no suggestions as to the best use but Mayor Pringle and Council Member Sidhu felt it should be part of the global discussion as to ideas of what could work on that site. He added this compromise allowed some areas to be removed from the Resort District to allow for residential and the rest of the Resort could be protected, possibly adding the boundaries to the City Charter and not allowing for modification without a vote of the people. He recognized that the number of homes to be built in the Affordable Housing Strategic Plan may not be enough and if this was driving the debate for residential in the Resort District, it should be part of any package of a comprehensive agreement which addressed all of these issues. Council Member Kring remarked the Chamber of Commerce had started a task force to address affordable housing in Anaheim and would provide that information to the City. Adjournment: Mayor Pringle adjourned the February 27, 2007 meeting at 7:20 p.m. Respectfully submitted by inda Nguyen City Clerk