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2002/01/15 ANAHEIM, CALIFORNIA - CITY COUNCIL MEETING JAN UARY 15, 2002 The City Council of the City of Anaheim met in regular session. PRESENT: Mayor Tom Daly, Council Members: Frank Feldhaus, Lucille Kring, Tom Tait and Shirley McCracken. STAFF PRESENT: City Manager David Morgan, City Attorney Jack White, Planning Director Joel Fick, Assistant City Clerk Cynthia Daniel-Garcia. A copy of the agenda for the meeting of the Anaheim City Council was posted on January 11, 2002 at the City Hall inside and outside bulletin boards. Mayor Daly called the regular meeting to order at 3:11 P.M. in the Council Chambers of the Anaheim City Hall, 200 South Anaheim Boulevard. WORKSHOP: Anaheim Vision Statement General Plan/Zoning Code Update City Manager Morgan introduced Joel Fick, Executive Director, Planning and Community Development, who presented the general plan/zoning code update and City vision. He said that this was an opportunity to shape the City's future and was an important management tool to consolidate all of the work efforts into one comprehensive policy document for the next twenty years and beyond. He introduced City staff present and Dick Ramilla and Brian Judd of The Planning Center who had extensive experience with numerous general plans for other cities. He said since last March, staff and the consultants had been documenting and analyzing all of the base line conditions for land use, traffic, seismic hazards, drainage and wild fire conditions. There had been five community workshops and presentations had been made to the Chamber of Commerce, the Kiwanis Club, he said, and the general plan was a feature article in the Anaheim Magazine and substantial resident surveys had been conducted. The information that was gathered, he noted, would serve as the basis for formulating the Anaheim vision and captured the sentiments expressed by the community and would serve as an excellent foundation. The information had been reviewed by all City departments and Planning Commission and a workshop was held with the General Plan Advisory Committee which was comprised from representatives of all boards and commissions in the City that were land use related. Dick Ramilla, President and CEO of The Planning Center, said that his company was working on gathering data, which was the technical phase of the project and would be used as the foundation for the preparation of the alternative plans and variations to those plans. He said that ideas would be brought forward to Council and it was important to The Planning Center that Council endorse the vision and realize that it would change as the process moved forward and he requested Council input. He said that the issues identified for The Planning Center would be reflected in the vision statement and said that the Center had been working with the General Plan Advisory Committee. In response to Council Member Kring, Director Fick said that there had been citizens added to the General Plan Advisory Committee beyond the boards and commissions and that they were specific recommendations and Council had been advised. There were also student representatives from Anaheim and Canyon High Schools and one or two other school board related members for a total of fourteen representatives. -" . n IT ANAHEIM CITY COUNCIL MEETING MINUTES JANUARY 15, 2002 PAGE 2 Brian Judd presented a power point presentation, which is available in the City Clerk's Office. He spoke about the vision, its importance and how it had been identified and asked for Council input. He mentioned community workshops and spoke about the desired characteristics of neighborhoods, community identity, commercial activity centers, linkages to and from their neighborhoods, street and landscaping, signage, open space and trails. He said that the desired characteristics would serve as a foundation for general plan goals, policies, programs and implementation strategies and evaluate and validate the general plan. The community had prioritized their goals and visions for the City and The Planning Center had incorporated them into a vision-input report, which had been prepared for staff. Council Member Kring asked if the Planning Center had found a theme of visions among the community after having the five different workshops. Mr. Ramilla said that this was an overview of the vision and some of the key words or phrases had been highlighted such as thriving, unified neighborhoods, beautiful, accessible open spaces, well landscaped roadways, engaging gathering places, world class entertainment, recreational, cultural, spiritual amenities, addressing growing infrastructure and transportation demands and a variety of economic opportunities. He said each element of the general plan would need to capture the vision statement and the plan would be structured in a way that it would have a series of policies for each element and an implementation program. The Planning Group would work with staff to prioritize each item in the implementation program. In response to Council Member Kring, Mr. Ramilla explained that there were sometimes very small groups of people at the community workshops and in other instances, he said that there was a good-sized group. He noted that the community was very serious about their insights and comments and that feedback would be important to the citizens of the visions and accomplishments and he said he believed that staff was using every tool available to do that. In response to Council Member Tait, Director Fick stated that there were approximately thirty to fifty people at each of the workshops. He emphasized that the messeges and comments of the citizens were consistent and that Council was consistent in the same issues to be addressed in the City. Approximately 300 responses to surveys had been returned, said Director Fick, and every response had been mapped in terms of location. Mayor Daly asked Mr. Ramilla about comparative data and said he expected a profile of the City's housing stock and demographic data. Mr. Ramilla said that some of the economic data was comparative and he noted that The Planning Center was waiting for census data so that a lot of comparison could be made and there was a study done on marketing for west Anaheim. He said that The Planning Group was mostly into economic, traffic, infrastructure analysis and until all the census data was in, it would be difficult to make some of the comparisons that Mayor Daly was asking for. Mr. Ramilla noted that education was important and included job training and one of the goals of the City was to create higher paying, higher level jobs and to do that required the key element of job training and education. Council Member Tait asked if job training and education should be in the vision statement and Mr. Ramilla said that it could be since it was essential and there was a growing diversity of the economic base where job training could be important. Mayor Daly asked if general plans were organized by elements and Mr. Ramilla said that they were. Mayor Daly asked if the framework had the same number of elements or had the State "n ANAHEIM CITY COUNCIL MEETING MINUTES JANUARY 15, 2002 PAGE 3 suggested that other elements be included. Mr. Ramilla said that there were a certain core of mandated elements that would be included and The Planning Center would include design guidelines, an implementation program and an economic development element. Mayor Daly noted that per State law, the economic development element was optional and that The Planning Center recommended that the Council insert one and Mr. Ramilla said that it would be included in the recommendation to Council. Mayor Daly asked about a cultural element since the City had adopted a cultural plan a few months ago and Mr. Ramilla said that it was likely to be integrated with the Parks, Recreation and Community Services element. Mr. Ramilla said an element could be created called Open Space, Conservation and Cultural. Mayor Daly asked if there were any optional elements that had been considered being added and Director Fick said that a Public Facilities Element had been talked about and there would be detailed documentation. He said some elements that were optional were viewed almost as being mandatory. Mr. Ramilla noted that the general plan could also be a management tool and when elements, the implementation program and priorities were combined, it was a management tool for the integration of activities of various City departments. In response to Mayor Daly, Mr. Ramilla said that the general plan could be looked at as a timeless document and goals could be established within each one of the elements. Director Fick said that the next phase was actually looking at land use alternatives and that would lead to the development of goals, policies and implementation programs. Mayor Daly mentioned public safety and he noted that in the vision, residents would enjoy neighborhoods that were safe. Mr. Ramilla said he would like to meet with the various department heads and receive their input so that some of their ideas could be incorporated into the plan. Director Fick stated that one of the elements of the general plan would be a safety element for the community and in that element, all safety hazards were identified and goals, policies and programs were identified to implement the vision that the City would wish to achieve. Council Member Kring spoke about pride of ownership and having safer communities. Mr. Ramilla said he had mentioned pride in neighborhoods and said that it was about the design of streets, calming streets, more attractive streets and it was important that the general plan be integrated and that all of the elements work together. Mayor Daly asked if the existing general plan had a goals and policies format and Director Fick stated that it did have goals and policies and the last time there had been a comprehensive update was in the mid 1980's. In response to Mayor Daly, Director Fick said that following acceptance and guidance to go forward, with enhancements in the safety area, over the next three to five months, alternatives would be developed, tested in terms of the infrastructure, existing and planned, and program community workshops would be held. The Council, he said, '''IT ANAHEIM CITY COUNCIL MEETING MINUTES JANUARY 15, 2002 PAGE 4 would determine the land use alternative to move forward, in terms of the general plan process and development of the elements and goals and policies. Mr. Ramilla stated that there were five workshops scheduled over the next five to six months with department heads and community. He said alternatives would be developed and some of the concept alternatives would be reviewed with the community, Planning Commission, Council and following the preferred selective alternative and testing, The Planning Center would go back to the community again. Council Member Kring asked that Director Fick make an effort to obtain more community members at the meetings. Council Member McCracken said that what was needed around recreational, spiritual and cultural, were educational amenities. North Orange County Community College District was opening a facility next September and when the NOCCD did the demographics, that was the part of the whole district that had the least high school diplomas. She said that there were parts of the community that needed education in order to create economic opportunities and it needed to be part of the City's vision. Mr. Ramilla said that the City was at a disadvantage because of the lack of educational facilities. Director Fick stated that the City would work with The Planning Center to provide language for education and it would be re-circulated to Council for comments. ADDITIONSIDELETIONS TO CLOSED SESSION: City Attorney White stated that it was recommended that Council, by motion, finding that there was a need to take immediate action, which came to the attention of the City subsequent to the posting of the Council agenda add one item. Mayor Daly moved, seconded by Council Member McCracken, to add: A conference with legal Counsel anticipated litigation: Initiation of litigation pursuant to Subdivision C of Section 54956.9 of the Government Code. Number of potential cases: one. Motion carried unanimously. PUBLIC COMMENTS - CLOSED SESSION ITEMS: None. Mayor Daly moved to recess to Closed Session, seconded by Council Member McCracken. Motion carried unanimously. The Council recessed to Closed Session at 4:01 P.M. 1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9 of the Government Code) Name of case: Kord Group v. The Fieldstone Company, et aI., Orange County Superior Court Case No. 76-32-58. 2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9 of the Government Code) Name of case: Vista Media Group, Inc. v. City of Anaheim, et aI., Orange County Superior Court Case No. 00CC08157. 3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Section 54956.8 of the Government Code) Property: 1831 South Harbor Boulevard ",., ...... ".'......,,"',. "...............= ANAHEIM CITY COUNCIL MEETING MINUTES JANUARY 15, 2002 PAGE 5 Agency negotiator: Elisa Stipkovich Negotiating parties: City of Anaheim and Peacock LLC Under negotiation: Price and terms 4. ANNUAL EMPLOYEE PERFORMANCE EVALUATIONS: Titles: City Manager, City Attorney, City Clerk, City Treasurer 5. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION: Initiation of litigation pursuant to subdivision (c) of Section 54956.9 of the Government Code. Number of potential cases: one. AFTER RECESS: Mayor Daly called the regular Council meeting of January 15, 2002 to order at 5:08 P.M. and welcomed those in attendance. PRESENT: Mayor Tom Daly, Council Members: Frank Feldhaus, Lucille Kring, Tom Tait and Shirley McCracken. STAFF PRESENT: City Manager David Morgan, City Attorney Jack White, City Clerk Sheryll Schroeder, Deputy City Engineer Russell Maguire, City Engineer Gary Johnson, Public Works Civil Engineer Natalie Meeks. INVOCATION: Jimmy Gaston, State College Church of Christ FLAG SALUTE: Council Member Tait At 5:09 P.M., Mayor Daly recessed the City Council meeting until after Housing Authority meeting. Mayor Daly reconvened the City Council meeting at 5:12 P.M. ADDITIONSIDELETIONS TO THE AGENDA: None PUBLIC COMMENTS: James Robert Reade, 100 West Midway Drive, Space 124, spoke about situations he said he encountered with the Police Department Alma Ramirez spoke about problems with her landlord. Shirley Conger, Corona Del Mar, spoke about the Orange County Central Park and Nature Preserve Initiative, Measure W on the March 5, 2002 ballot. She said that the open space initiative meant that it could be filled with buildings of different kinds and she mentioned that there was a portion about receiving funding from federal, local and state sources and the support of increase in such sources. She urged citizens and the City to oppose Measure W. Norman Ewers, 47 Seaton Road, Irvine, urged the Council to join several other city council's in adopting a resolution opposing Measure W regarding the Central Park and Nature Preserve Initiative scheduled to appear on the March 5, 2002 ballot. He mentioned other parks in the '..-...-.......,..,. *"-,.-.,-,,,,-........,.._..,.._,,---,-- l' ANAHEIM CITY COUNCIL MEETING MINUTES JANUARY 15, 2002 PAGE 6 nation and said that they all depended on taxes as their principal source of revenue and said that it would cost the County. He said that the County needed a decent commercial airport and that John Wayne was not designed to carry the traffic it now carried. Steve Stavely, 2730 West Bridgeport, Chair of the Endorsements Committee for Measure Z, the bond measure for the high school district on the March 5, 2002 ballot, urged Council to endorse Measure Z, a $132 million general obligation bond and the money could only be used for infrastructure improvement, addition of class rooms and the addition of science and computer labs. John Koos, Chairman of the Anaheim Citizens for Elementary Schools, the campaign committee for Measure B-B, informed Council that the bond measure would provide $111 million to the Anaheim City School District to build new schools, renovate and repair deteriorating buildings at existing schools and eliminate double sessions for students. MOTION: Mayor Daly moved to waive reading in full of all ordinances and resolutions, seconded by Council Member McCracken. Motion carried unanimously. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR A1 - A25: On motion by Mayor Daly, seconded by Council Member McCracken, the following items were approved in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar. Mayor Daly offered Resolutions Nos. 2002R-13 through 2002R-22 and Ordinance Nos. 5797 through 5801 for adoption. Council Member Tait abstained on Items A9 and A 11. Motion carried unanimously. 105 A1. Receive and file the minutes of the Mother Colony House Advisory Board meeting of November 2,2001. 158 A2. Approve and authorize the Mayor and City Clerk to execute the Acquisition Agreement and Temporary Right of Entry Agreement for the properties located at 1040 and 1100 South Harbor Boulevard and authorize the acquisition payment of $204,465 to Pei Chung Chao and Rosana Hsu Chao and Edward L. Miller and Mary O. Miller. 123 A3. Approve and authorize the Mayor and City Clerk to execute the agreement with IMS Infrastructure Management Services, Inc., in an amount not to exceed $322,000, for the preparation of the City's fiscal year 2001/2003 Pavement Management Systems Program. Mayor Daly asked if the City had to have the document updated every two years or was there a requirement in terms of the City applying for transportation dollars from the county, state or federal governments. Deputy City Engineer, Russell Maguire, stated that the primary requirement under Measure M was that if the City was not active, it became ineligible for all Measure M funds and there was a state-wide requirement that the City have a pavement management system in place to continue to stay eligible for certain types of gas tax. Arterial streets were done every two years and local streets every four years. He said that Public Works was updating software and the rating system to bring it in line with the new requirements of Orange County Transit District and it was a better investment to do a more technical analysis rather than the visual analysis. He noted . ''TT 123 113 ANAHEIM CITY COUNCIL MEETING MINUTES JANUARY 15, 2002 PAGE 7 that Public Works had to go out on every foot of every street and retest both with lasers and a reflection test and hard value test. Mayor Daly asked if the level of scrutiny was necessary to qualify for county, state and federal funding and Public Works - City Engineer, Gary Johnson said that he believed that the cost benefit and more sophisticated system was exceptional for the work. Since different strategies could be implemented, he assured that the streets in need of work now would be five times more expensive if they were let go for a few years. A4. A5. 158 A6. 170 A7. 170 A8. A9. 160 Approve an agreement with Harrington Geotechnical Engineering, Inc., Zeiser Kling Consultants, Inc. and Kleinfelder, Inc. to provide soils testing, materials testing and certified deputy building inspection services for capital improvement projects. RESOLUTION NO. 2002R-13 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the destruction of certain City records more than two years old (Traffic Engineering). RESOLUTION NO. 2002R-14 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM accepting certain deeds conveying to the City of Anaheim certain real properties or interests therein (Deed Nos. 10464, 10465, 10463,10466 and 10467). RESOLUTION NO. 2002R-15 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM accepting certain offers of dedication and public improvements in conjunction with the maps of certain tracts and parcel maps (Tract Map Nos. 13987, 15074,15120,15121,15124,15125,15126 and Parcel Map Nos. 86-431, 87-150 and 97-155). RESOLUTION NO. 2002R-16 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM accepting certain offers of dedication and public improvements in conjunction with the maps of Tract Nos. 12989, 13494, 13495, 14641, 12988 and Parcel Map Nos. 93-187, 87-210 and 94-190. Accept the low bid of Edison ESI, in an amount not to exceed $486,970 (excluding tax), for a replacement of a load tap changer for Lewis Substation "1A" Transformer Bank in accordance with Bid #6219. Council Member Tait declared a potential conflict of interest and abstained on Item A9. 160 A10. Accept the bid of Pauwels United States Inc., in the amount of $551,575 (excluding tax), for a three-phase load tap changing power transformer in accordance with Bid #6231. Council Member Tait declared a potential conflict of interest and abstained on Item A 10. 160 A11. 153 A12. ." ""fT. Accept the low bid of Waxie Sanitary Supply, in the amount of $41 ,334 (excluding tax), for trash liners, for the period of January 25, 2002 through January 24, 2003, with three one-year optional renewals and authorize the Purchasing Agent to exercise the renewal options in accordance with Bid #6238. Approve an increase in the mileage reimbursement rate from 34.5 cents to 36.5 cents per mile to match the increase approved by the Internal Revenue Service for calendar 153 000 ANAHEIM CITY COUNCIL MEETING MINUTES JANUARY 15, 2002 PAGE 8 year 2002 in accordance with the Memoranda of Understanding for the various employee bargaining units. A13. RESOLUTION NO. 2002R-17 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending Resolution No. 00R-123 which established rates of compensation for job classifications designated as Administrative Management. RESOLUTION NO. 2002R-18 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending Resolution No. 00R-125 which established rates of compensation for job classifications designated as Professional. RESOLUTION NO. 2002R-19 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending Resolution No. 00R-126 which established rates of compensation for classifications designated as Supervisory. RESOLUTION NO. 2002R-20 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM establishing rates of compensation for classifications assigned to the General Unit represented by the Anaheim Municipal Employees Association. 153 A14. RESOLUTION NO. 2002R-21 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending Resolution No. 00R-122 which established rates of compensation for job classifications designated as Executive. 116 A 15. Approve the appointment of Joel H. Fick to the position of Executive Director, Planning and Community Development, effective January 15, 2002. A 16. Approve a partial fee waiver for the Buttons and Bows Square Dance Club of Anaheim for a benefit event to be held at the Brookhurst Community Center on Sunday, March 3, 2002. 123 A17. Approve and authorize the City Manager to execute the Workforce Investment Act Subrecipient Agreement with the North Orange County Regional Occupational Program for provision of youth development services. 123 A 18. Approve and authorize the City Manager to execute the Workforce Investment Act Subrecipient Agreement with the Anaheim Union High School District for provision of youth development services. 175 A19. Establish the Fiber Optic Strategic Goals that will serve as the governing policy for the management and development of the City's fiber optic system and authorize the Public Utilities General Manager to take such actions as are necessary to implement the Goals. 175 A20. Adopt the Mission Statement and related policies for the management of risk associated with wholesale energy transactions. 123 A21. Approve a Joint Trench Agreement with Adelphia Communication Corp. to permit joint trenching and to share construction cost for the Underground District No. 38 (Ball Road/Euclid Street District). "_~",",-..__._~ .",...",..,........ ...._..,.....~......_"'='-.r"~""__"'" ANAHEIM CITY COUNCIL MEETING MINUTES JANUARY 15, 2002 PAGE 9 179 A22. Approve CEQA Categorically Exempt, Class 1, for the closure of Philadelphia Street from south of the Youth Gymnasium between the City Hall parking structure and the Freedman Forum building (Continued from the Council meeting of January 8, 2002, Item A19). RESOLUTION NO. 2002R-22 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM closing Philadelphia Street to vehicular traffic at a point immediately north of the Civic Center driveway for purposes of traffic control (Continued from the Council meeting of January 8, 2002, Item A 19). 179 A23. ORDINANCE NO. 5797 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending the zoning map referred to in Title 18 of the Anaheim Municipal Code relating to zoning (Reclassification No. 2000-00032) (Introduced at the Council meeting of January 8, 2002, Item A38). 179 A24. ORDINANCE NO. 5798 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending the zoning map referred to in Title 18 of the Anaheim Municipal Code relating to zoning (Reclassification No. 2000-00028) (Introduced at the Council meeting of January 8, 2002, Item A39). 173 A25. ORDINANCE NO. 5799 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM granting a non-exclusive franchise to Yellow Cab Company of Northern Orange County for the purpose of operating taxicab service in the City of Anaheim; and stating the terms and conditions upon which said franchise is granted (Introduced at the Council meeting of January 8, 2002, Item A41). ORDINANCE NO. 5800 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM granting a non-exclusive franchise to A White and Yellow Cab dba A Taxi Cab for the purpose of operating taxicab service in the City of Anaheim; and stating the terms and conditions upon which said franchise is granted (Introduced at the Council meeting of January 8, 2002, Item A41). ORDINANCE NO. 5801 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM granting a non-exclusive franchise to Cabco, Inc. dba California Yellow Cab for the purpose of operating taxicab service in the City of Anaheim; and stating the terms and conditions upon which said franchise is granted (Introduced at the Council meeting of January 8, 2002, Item A41). MOTION: D RESOLUTIONS D SECOND Mc END OF CONSENT CALENDAR 106 A26. Consider additions and/or deletions to the budget for the fiscal year 2001/2002. No action taken by Council. 124 A27. Nominate and appoint a member to the Community Center Authority to fill the vacancy of JoAnn Barnett for a non-established term (Continued from the Council meeting of , -n ANAHEIM CITY COUNCIL MEETING MINUTES JAN UARY 15, 2002 PAGE 10 November 13, 2001, Item A24; December 11, 2001, Item A30; and January 8, 2002, Item A47). Council Member Tait moved, seconded by Mayor Daly, to continue the appointment of a member to the Community Center Authority to January 29, 2002. Motion carried unanimously. 105 A28. Nominate and appoint a member to fill the vacancy on the Public Utilities Commission, term to expire June 30, 2002. Mayor Daly noted that there was only five an one half months remaining in the term to serve on the Public Utilities Commission. Mayor Daly opened nominations and nominated Marcia Garten. Council Member Kring nominated Charles Peltzer. Mayor Daly moved to close nominations, seconded by Council Member Kring. Motion carried unaimously. Vote on Marcia Garten: Roll call vote: Ayes - 2, Mayor Daly and Council Member Tait. Noes - 1, Council Member McCracken. Abstained - 2, Council Members Feldhaus and Kring. Vote on Charles Peltzer: Roll call vote: Ayes - 3, Council Members McCracken, Kring and Feldhaus. Noes - O. Abstained - 2, Mayor Daly and Council MemberTait. Mayor Daly and Council Member Tait changed their votes to aye for a unanimous appointment of Charles Peltzer to the Public Utilities Board. At 5:50 P.M., Mayor Daly moved, seconded by Council Member McCracken, to recess until 6:00 P.M. for public hearings. Motion carried unanimously. At 6:05 P.M., the Anaheim City Council reconvened for public hearings. 6:00 P.M. PUBLIC HEARINGS: 121 C1. A public hearing to consider condemnation of a public utility easement located at 969 South Euclid Street. A staff report was presented by Public Works-Civil Engineer, Natalie Meeks, who said that the acquisition was for a public utilities easement for the Ball Road, Euclid Street Intersection Improvement Project. The project included utility undergrounding which required the acquisition of off-site, public utility easements for the placement of electrical equipment, she said. The project was currently under construction and Public Works had been working with the property owner to place the required equipment in the most appropriate location within the limits of the , ~ ANAHEIM CITY COUNCIL MEETING MINUTES JANUARY 15, 2002 PAGE 11 electrical engineering design, and placement of the facilities had been finalized, she added. She explained that because the City was currently in litigation on the portion of the property required for street widening, Public Works requested that Council adopt the resolution of necessity so that the acquisition of the public utility easement could be resolved concurrently with the acquisition of the right of way. An acquisition offer had been made for the easement, she added, and Public Works had been in discussions with the property owner and his legal representatives. A letter from the property owner and his legal representative had been received reserving the right to object to this through the legal process and she said that Public Works would continue to work with the property owner to reach a global settlement of the right of way and public utility easement. She announced that Dave Cosgrove from Rutan and Tucker and Roger Cunningham from Security Land and Right of Way were present. City Clerk, Sheryll Schroeder, announced that correspondence was received this date from the Attorney's Office. Mayor Daly opened the public hearing and hearing no testimony, closed the public hearing. Mayor Daly offered Resolution No. 2002R-23 for adoption. RESOLUTION NO. 2002R-23 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DETERMINING THE PUBLIC INTEREST AND NECESSITY FOR ACQUISITION OF PORTIONS OF PROPERTY LOCATED AT 969 SOUTH EUCLID STREET FOR THE PURPOSES OF CONDUCTING ROADWAY IMPROVEMENT (R/W 5400-02). Roll call vote: Ayes - 5, Mayor Daly and Council Members McCracken, Feldhaus, Tait, and Kring. Noes - O. Motion carried. 121 C2. A public hearing to consider condemnation of a public utility easement located at 1201 - 1235 South Euclid Street. A staff report was presented by Public Works-Civil Engineer, Natalie Meeks, who said that the acquisition was for a public utilities easement for the Ball Road, Euclid Street Intersection Improvement Project. The project was currently under construction and Public Works had finalized the location of the utility easements, she said, and were working to resolve the right of way acquisition and public utility easement through the litigation. She recommended that Council adopt the resolution of necessity to resolve a global settlement. She noted that a fax had been received from the previous property owner who was in litigation with the City on the right of way acquisition and the owner had indicated that he had retained the rights to any compensation for the current acquisition of the public utility easement and that it did not affect action by Council this evening and it would be resolved through acquisition process and determine the appropriate person to compensate for the public utility easement. Mayor Daly opened the public hearing and hearing no public testimony, closed the public hearing. Mayor Daly offered Resolution No. 2002R-24 for adoption. RESOLUTION NO. 2002R-24 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DETERMINING THE PUBLIC INTEREST AND NECESSITY _""H"'" .,.t ..__._.......... ~,~_...___.,_"';.....,,',~.",.,.__ ANAHEIM CITY COUNCIL MEETING MINUTES JANUARY 15, 2002 PAGE 12 FOR ACQUISITION OF PORTIONS OF PROPERTY LOCATED AT 1201-1235 SOUTH EUCLID STREET FOR THE PURPOSES OF CONDUCTING ROADWAY IMPROVEMENT (R/W 5400-06). Roll call vote: Ayes - 5, Mayor Daly and Council Members McCracken, Feldhaus, Tait, and Kring. Noes - O. Motion carried. 121 C3. A public hearing to consider the condemnation of a public utility easement and temporary construction easement located at 5737 East LaPalma Avenue and 5701 - 5799 East LaPalma Avenue. Council Member Tait declared a conflict of interest and left the Council dias. A staff report was presented by Public Works-Civil Engineer, Natalie Meeks, who said that the acquisition was for two public utilities easements for the State Route 90 Imperial Highway Widening Project, Santa Ana bridge to La Palma Avenue. The project included utility undergrounding along La Palma Avenue that required the acquisition of off-site public utility easements for the placement of electrical equipment, she said. The project was scheduled to begin construction in late spring and Public Works had been working with the property owners to place the required equipment in the most appropriate location with the elements of the electrical design. Placement of the facilities had been finalized and because the City was in litigation on a portion of the property needed for street widening, she asked that Council adopt the resolution of necessity for the public utility easement. Acquisition offers had been made on the easements and Public Works had been in discussions with the property owners and their representatives. A letter had been received by Council and she asked that it be made part of the record reserving their right to object to this take through that legal process. She said that Public Works would continue to work with each of the property owners to reach a global settlement of the right of way and public utility easement. Dave Cosgrove, Rutan and Tucker, said that the correspondence was one of the few that made factual allegations and he indicated that everyone of the allocations made in the letter were either refuted or clarified by either the findings in the resolution or the exhibits thereto. He said he believed that with the resolution there was adequate response to the comments made. Mayor Daly opened the public hearing and hearing no testimony, closed the public hearing. Mayor Daly offered Resolutions Nos. 2002R-25 and 2002R-26 for adoption. RESOLUTION NO. 2002R-25 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DETERMINING THE PUBLIC INTEREST AND NECESSITY FOR ACQUISITION OF PORTIONS OF PROPERTY AS A PUBLIC UTILITY EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT LOCATED AT 5737 EAST LAPALMAAVENUE FOR THE PURPOSES OF CONDUCTING ROADWAY IMPROVEMENT (R/W 5260-3). RESOLUTION NO. 2002R-26 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DETERMINING THE PUBLIC INTEREST AND NECESSITY FOR ACQUISITION OF PORTIONS OF PROPERTY AS A PUBLIC UTILITY EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT LOCATED AT . '''IT ANAHEIM CITY COUNCIL MEETING MINUTES JAN UARY 15, 2002 PAGE 13 5701 - 5799 EAST LAPALMA AVENUE FOR THE PURPOSES OF CONDUCTING ROADWAY IMPROVEMENT (R/W 5260-4). Roll call vote: Ayes - 4, Mayor Daly and Council Members McCracken, Feldhaus and Kring. Noes - O. Abstained - 1, Council Member Tait. Motion carried. 121 C4. A public hearing to consider the condemnation of a public utility easement located at 1120 West Lincoln Avenue and 1108 West Lincoln Avenue. A staff report was presented by Public Works-Civil Engineer, Natalie Meeks, who said that the acquisition was for right of way necessary for construction of the Lincoln Avenue Phase II Street Widening Project. She said that the proposed project would widen Lincoln Avenue east and west of West Street and improve the intersection operations and the project had been environmentally cleared through a previously approved negative declaration. Based on the City's appraisal of the property, the right of way for the proposed project required the acquisition, in full, of the subject properties. The remaining properties were found to be uneconomic remnants, she explained. There were two businesses operating on the site, Ace Fixtures and Five Points Liquor, she noted, and the businesses would be eligible for relocation benefits as a part of any displacement from the acquisition. The City's relocation consultant had been in contact with both businesses to begin the relocation process. The owner of Ace Fixtures, who was also the property owner she said, had requested, through his attorney, that the City move forward with the resolution of necessity and condemnation action before they began the relocation process. She noted that Council had received a letter from the property owner's attorney reserving the right to raise a challenge to the take and staff recommended that Council move forward with the action. She said she believed that the appraisal had provided an accurate analysis of the remaining property and its economic value. She said that the project was scheduled for construction in the summer and due to funding requirements, the project must be awarded for construction by June 30, 2002. Mayor Daly opened the public hearing and hearing no testimony, closed the public hearing. Mayor Daly offered Resolutions Nos. 2002R-27 and 2002R-28 for adoption. RESOLUTION NO. 2002R-27 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHIM DETERMINING THE PUBLIC INTEREST AND NECESSITY FOR ACQUISITION OF PORTIONS OF PROPERTY LOCATED AT 1120 WEST LINCOLN AVENUE FOR THE PURPOSES OF CONDUCTING ROADWAY IMPROVEMENT (RIW ACQ200 1-0005A-D). RESOLUTION NO. 2002R-28 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DETERMINING THE PUBLIC INTEREST AND NECESSITY FOR ACQUISITION OF PORTIONS OF PROPERTY LOCATED AT 1108 WEST LINCOLN AVENUE FOR THE PURPOSES OF CONDUCTING ROADWAY IMPROVEMENT (R/W ACQ2001-0005E). Roll call vote: Ayes - 5, Mayor Daly and Council Members McCracken, Feldhaus, Tait, and Kring. Noes - O. Motion carried. ''IT ANAHEIM CITY COUNCIL MEETING MINUTES JANUARY 15, 2002 PAGE 14 121 C5. A public hearing to consider the condemnation of public utility easements located at 927 and 937 South Euclid Street and 1711 West Ball Road. A staff report was presented by Public Works-Civil Engineer, Natalie Meeks, who said that the public hearing was for acquisition of a public utility easement for the Ball Road Euclid Street Intersection Improvement Project. She said that the project included the utility undergrounding which required the acquisition of off-site public utility easements. The project was under construction and Public Works had been working with the property owner to place the required equipment in the most appropriate location, she said, and the resolution had two public utility easements being placed on the property. The placement of the facilities had been finalized and Public Works recommended adoption of the resolution of necessity so that the acquisition of the public utility easement could be resolved concurrently with the acquisition of the right of way. An acquisition offer had been made for the easement, she noted, and Public Works had been in discussions with the property owner and his legal representatives. Correspondence received by the Council on public hearing Item C1 also pertained to public hearing Item C5 since it was the same property owner. Mayor Daly opened the public hearing and hearing no testimony, closed the public hearing. Mayor Daly offered Resolution No. 2002R-29 for adoption. RESOLUTION NO. 2002R-29 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DETERMINING THE PUBLIC INTEREST AND NECESSITY FOR ACQUISITION OF PORTIONS OF PROPERTY LOCATED AT 927 AND 937 SOUTH EUCLID STREET AND 1711 WEST BALL ROAD FOR THE PURPOSES OF CONDUCTING ROADWAY IMPROVEMENT (R/W 5400-01). Roll call vote: Ayes - 5, Mayor Daly and Council Members McCracken, Feldhaus, Tait, and Kring. Noes - O. Motion carried. Report on Closed Session Actions: None. Council Communications: Council Member McCracken noted that the 100th anniversary of the Anaheim Library would be celebrated on Saturday, January 19, 2002, at 6:30 P.M. at the former Carnegie Library at the corner of Broadway and Anaheim Boulevard. She noted that this would be the beginning of a year-long celebration Council Member Kring commented on two members of the public who spoke regarding Measure Wand she asked that Council unanimously support a resolution opposing the measure. She said that this was not an airport issue and she said that people needed to understand that any park monies from state or federal bond issues would be directed to the park. She said that in north Orange County, there were 273 people for each acre park-land and in south Orange County, there were less than seven people for each acre of park-land. Adjournment: There being no further business to come before the City Council, Mayor Daly adjourned the meeting at 6:24 P.M. "",,' n 1 ANAHEIM CITY COUNCIL MEETING MINUTES JANUARY 15, 2002 PAGE 15 Respectfully submitted: ~~ Sheryll Schroeder, CMC/AAE City Clerk ._~." . . w"