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2003/08/05 ANAHEIM, CALIFORNIA - CITY COUNCIL MEETING AUGUST 5, 2003 The City Council of the City of Anaheim met in regular adjourned session. The Notice of Adjournment was posted at 3:00 P.M. on August 5, 2003 on the exterior door of the Anaheim Council Chambers, announcing the adjournment to August 5, 2003 at 4:00 P.M. PRESENT: Mayor Curt Pringle, Council Members: Tom Tait, Shirley McCracken, Bob Hernandez and Richard Chavez. STAFF PRESENT: City Manager David Morgan, City Attorney Jack White, City Clerk Sheryll Schroeder. A copy of the agenda for the meeting of the Anaheim City Council was posted on August 1, 2003 at the City Hall outside bulletin board. Mayor Curt Pringle called the regular meeting to order at 4:04 P.M. in the Council Chambers of the Anaheim City Hall, 200 South Anaheim Boulevard. ADDITIONS/DELETIONS TO CLOSED SESSION: None. PUBLIC COMMENTS - CLOSED SESSION ITEMS: None. Mayor Pringle recessed to Closed Session at 4:05 P.M. AFTER RECESS: Mayor Pringle called the regular Council meeting of August 5, 2003 to order at 5:04 P.M. and welcomed those in attendance. INVOCATION: Pastor Ken Cartlidge, First Baptist Church of Anaheim FLAG SALUTE: Council Member Shirley McCracken At 5:05 P.M., Mayor Pringle recessed the City Council meeting until after the Redevelopment Agency meeting. Mayor Pringle reconvened the City Council meeting at 5:07 P.M. for a joint public hearing with the Anaheim Redevelopment Agency. 3. A public hearing to consider Resolutions approving Purchase and Sale Agreements between the Agency and Mario Galvez and Jose Vargas and also between the Agency and Jerome Marr. ANAHEIM CITY COUNCIL MEETING MINTUES AUGUST 5, 2003 Page 2 Staff report was presented by Elisa Stipkovich, which is available in the City Clerk's Office. She explained that the three parcels were acquired as part of an acquisition by the Redevelopment Agency of remnant CalTrans parcels. She said the adjacent property owners approached the Agency because they would like to acquire three of the parcels to adjoin to their single-family homes and the Agency felt that was an appropriate use for the three parcels. She noted the parcels were appraised at; Parcel A, $12,500; Parcel B, $16,000 and Parcel C for $22,500. She explained the action before the Council and Agency would sell Parcel A to Messrs. Vargas and Galvez for $12,500 and selling parcels Band C to Mr. Marr for $38,500. She said the parcels would be restricted in that they would have to be adjoined to the single family property, improved with fences and landscaping and not for purposes of adding any additional units. Chairman/Mayor Pringle opened the public hearing and hearing no testimony, he closed the hearing. Council Member McCracken moved to adopt Resolution Nos. 2003R-156 and 2003R- 157, seconded by Council Member Tait. RESOLUTION NO. 2003R-156 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM consenting to the approval by the Anaheim Redevelopment Agency of a Purchase and Sale Agreement by and between the Agency and Mario Galvez and Jose Vargas concerning certain real property located at 128 South Cherry Street, Anaheim, California and making certain findings in connection therewith. RESOLUTION NO. 2003R-157 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM consenting to the approval by the Anaheim Redevelopment Agency of a Purchase and Sale Agreement by and between the Agency and Jerome Marr concerning certain real properties located at 200 and 206 South Cherry Street, Anaheim, California and making certain findings in connection therewith. Roll call vote: Ayes - 5; Mayor Pringle, Council Members McCracken, Tait, Chavez, Hernandez. Noes - O. Motion carried. ADDITIONS/DELETIONS TO THE AGENDA: None. There was clarification on Item A28, noting that action on the Resolution should be deferred until the Ordinance is adopted, anticipating August 19, 2003. PUBLIC COMMENTS: Robert Flores introduced and recognized the young people who participated in song and dance programs. James Reade spoke about a recent tragic death. 118 156 105 175 160 160 160 160 ANAHEIM CITY COUNCIL MEETING MINTUES AUGUST 5, 2003 Page 3 Bob Ball spoke about shopping cart retrieval efforts. Dandi Meyer, corner of West Crestwood and Brookhurst, spoke about a facility at 1717 S. Brookhurst Street that was causing parking problems in the neighborhood. He said he had spoken to Planning, Police and Code Enforcement and he was not receiving a resolution. Mayor Pringle said staff would get in touch with him. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR A1 - A29: Council Member Chavez moved, seconded by Council Member Hernandez, to waive reading in full of all ordinances and resolutions and 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 McCracken, Tait, Chavez, Hernandez. Noes - O. Council Member Tait voted no on Item A24. Motion carried. Council Member Tait removed Item A 19 for separate action. Mayor Pringle removed Item A 15 and A 16 for separation discussion and action. A 1. Reject certain claims filed against the City. A2. Receive and file the Crime and Clearance Analysis for June 2003; minutes of the Mother Colony House Advisory Board meeting held March 7, 2003; minutes of the Public Utilities Board meeting held June 5, 2003; a Notice Pursuant to Health and Safety Code Section 116544 regarding water wells; and minutes of the Redevelopment and Housing Commission meeting held July 2, 2003. A3. Accept the bid of SCS Flooring Systems, in an amount not to exceed $84,519 (tax inclusive), for the purchase and installation of carpet tile for the Central Library in accordance with Bid #6400. A4. Accept the low bid of Coated Fabrics Company, in an amount not to exceed $40,000 (including tax), for Convention Center taffeta, as required, for the period of August 15, 2003 through September 30,2004 in accordance with Bid #6401. A5. Accept the bid of Anaheim Welding and Fabrication, Inc., in the amount of $47,484 (excluding tax), for the Convention Center Arena light cover guards in accordance with Bid #6403. A6. Accept the bid of M.L. Uhlich Company, in an amount not to exceed $53,900, for the Convention Center concession preparation kitchen ceiling repair and re- plaster in accordance with Bid #6404. 123 160 123 158 123 150 123 123 123 ANAHEIM CITY COUNCIL MEETING MINTUES AUGUST 5, 2003 Page 4 A7. Waive Council Policy No. 306 and authorize the Purchasing Agent to execute a one-year agreement with Nextel, in an amount not to exceed $190,000, for two- way wireless communication equipment and service for Police personnel. A8. Waive Council Policy No. 306 and approve the purchase order to Air New Zealand, in the amount of $240,580 (plus tax), for emergency repair of the combustion turbine generator (CTG) at the CTG Site in Anaheim. A9. Award the contract to the lowest responsible bidder, R. J. Noble Company, in the amount of $125,623, for the Ball Road I mprovement Project and approve and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. A 10. Approve the Stipulation Regarding Just Compensation with Jin S. Choi, tenant dba Five Points Liquor, in the settlement payment amount of $400,000, for the acquisition of property located at 1108 West Lincoln Avenue. A 11. RESOLUTION NO. 2003R-158 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM determining the urgent necessity for performing re- piping at the Arrowhead Pond of Anaheim and authorizing the City Manager to proceed without advertising for bids. Award the contract to the lowest responsible bidder, Cal-Air, Inc., in the amount of $595,000, for the rehabilitation of the chilled water piping system at the Arrowhead Pond of Anaheim. Approve the agreement with Abacus Project Management, Inc., in an amount not to exceed $265,000, for the project representative services for the rehabilitation of the chilled water piping system at the Arrowhead Pond. Approve and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. A 12. Authorize a contribution of $250,000 to the Anaheim Achieves Program for fiscal year 2003-2004 and increase the Community Services Department fiscal year 2003-2004 expenditure appropriation by $250,000. A 13. Approve an agreement with the Anaheim Pop Warner Football League for the purpose of installing a scoreboard at Brookhurst Park. A 14. Approve and authorize the Executive Director of the Community Development Department to execute the Cooperation Agreement between the Redevelopment Agency and the City for use of HOME funds. A 17. Approve and authorize the Public Utilities General Manager to execute a Direct Payment Agreement with the State of California, Health and Welfare Agency, Department of Community Services under which the City would continue to 123 123 ANAHEIM CITY COUNCIL MEETING MINTUES AUGUST 5, 2003 Page 5 directly receive Federally Funded Low-Income Home Energy Assistance Program grants for the benefit of Anaheim Public Utilities Department customers for the period of July 1, 2003 through June 30, 2003. A 18. Approve and authorize the Public Utilities General Manager to execute agreements for professional consulting engineering services to the Public Utilities Department with the following nine firms: Black & Veatch, Boyle Engineering Corporation, Harper & Associates Engineering, Inc., Kleinfelder, Inc., Post Buckley, Shuh & Jernigan, Richard C. Slade & Associates, SA Associates, Tetra Tech, Inc., and URS Corporation. A20. Approve and authorize the City Attorney to execute a consulting services agreement with Pacific Economics Group to assist the City Attorney's Office in certain Federal Energy Regulatory Commission proceedings. A21. RESOLUTION NO. 2003R-159 RESOLUTION OF THE CITY COUNCIL OF 170 THE CITY OF ANAHEIM accepting certain irrevocable offers of dedication to the City of Anaheim of certain real properties or interests therein (Tract Map No. 16430). 176 A22. RESOLUTION NO. 2003R-160 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM declaring its intention to vacate certain public streets, highways and easements (Abandonment No. 2003-00072, 327 South Royal Ridge Drive). 153 153 000 Public hearing to be held August 26, 2003. A23. RESOLUTION NO. 2003R-161 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving two (2) Letters of Understanding between the City of Anaheim and Anaheim Municipal Employees Association, General and Clerical Units, establishing retirement health savings plans. A24. RESOLUTION NO. 2003R-162 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving a Letter of Understanding between the Anaheim Police Association and the City of Anaheim. Council Member Tait voted no on Item A24. A25. RESOLUTION NO. 2003R-163 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending Resolution No. 2003R-132, Nunc Pro Tunc, adopting a new schedule of sanitation charges. 179 A26. ORDINANCE NO. 5869 (INTRODUCTION) 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. R99-00-15(4), located at 1551 South Douglass Road]. ANAHEIM CITY COUNCIL MEETING MINTUES AUGUST 5, 2003 Page 6 179 A27. ORDINANCE NO. 5870 (INTRODUCTION) 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. 2002-00087, located at 9922 and 9950 Ball Road - southwest corner of Ball Road and Brookhurst Street). A28. RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM adopting design guidelines for the Downtown Mixed-Use Overlay Zone. ORDINANCE NO. 5871 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM adding new Chapter 18.100 to Title 18 of the Anaheim Municipal Code relating to zoning (Downtown Mixed-Use Overlay Zone). '1,4 A29. Approve minutes of the Council adjourned regular meeting held July 15, 2003. END OF CONSENT CALENDAR A15. Approve an agreement with Hernandez Cart Service, Inc., in an amount not to 123 exceed $44,000, for the continued retrieval of abandoned shopping carts for the period of August 1, 2003 through June 30, 2004. Mayor Pringle asked staff for information. Deputy City Manager Joel Fick said that many cities have issues related to shopping carts and there was no perfect solution. He said staff had been researching the issue over the last few weeks. He said the City had been under contract with Hernandez Cart Service since 2000 and the City was pleased with the results. He informed that staff had looked at other methods to address the issue and within 90 days staff would return to Council with alternatives. Mayor Pringle spoke about authoring the legislation at the State and he said he looked forward to the alternatives that will be presented. Mayor Pringle moved approval of Item A 15, seconded by Council Member Chavez. Roll call vote: Ayes - 5; Mayor Pringle, Council Members McCracken, Tait, Chavez, Hernandez. Noes - O. Motion carried. 123 A 16. Approve and authorize the Public Utilities General Manager to execute the Process Water Conservation Agreement with Metropolitan Water District of Southern California (MWD) and Precision Anodizing and Plating, Inc. (Precision) for partial MWD funding of a Water Recycling Project at Precision. Mayor Pringle said he may have a potential conflict of interest and Council Member Tait moved for approval of Item A 16, seconded by Council Member McCracken. Roll call ANAHEIM CITY COUNCIL MEETING MINTUES AUGUST 5, 2003 Page 7 vote: Ayes - 4; Council Members McCracken, Tait, Chavez, Hernandez. Noes - O. Abstention - 1; Mayor Pringle. Motion carried. 123 A 19. Approve and authorize the Pu blic Utilities General Manager to execute the metering and communication agreements for the Residential Advanced Meter System (RAMS) Pilot Project with the following: Itron Corporation for an initial six month test period and an option for an additional six month test period, each in an amount not to exceed $25,000 plus applicable taxes; Tantalus Systems Corporation for an initial six month test period and an option for an additional six month test period, each in an amount not to exceed $25,000 plus applicable taxes; and Comverge Inc. for an initial six month test period and an option for an additional six month test period, each in an amount not to exceed $37,000 plus applicable taxes. Approve and authorize the Public Utilities General Manager to execute a data collection and project management agreement for the RAMS Pilot Project with eMeter Corp. for an initial six-month test period and an option for an additional six-month test period, each in an amount not to exceed $50,000. Authorize the Purchasing Agent to issue purchase orders to local public telephone and/or cellular service carriers for communication services between RAMS meters and base station computer systems for an initial six month test period and an option for an additional six month test period, each in an amount not to exceed $6,000, and authorize the Public Utilities General Manager to execute and take any necessary actions to implement the agreement and related documents. Council Member Tait asked the Public Utilities General Manager to explain the real time metering proposal. Marcie Edwards, Public Utilities General Manager, explained that Item A 19 was the kick off of the residential metering pilot program. She said the electric meter at the home would be replaced with a type of technology that the City can read and send information remotely but the customer can tie into it via the internet so their site engineers can see their type of usage, time of day, determine the right rates for the customer. She said three different vendors would be utilized to not only test the technology, but also the communication technology. Council Member Tait moved to approve Item A 19, seconded by Council Member McCracken. Roll call vote: Ayes - 5; Mayor Pringle, Council Members McCracken, Tait, Chavez, Hernandez. Noes - O. Motion carried. 144 A30. Approve the withdrawal of the city from the Orange County Regional Airport Authority and authorize the City Manager to give notice of such withdrawal to the Authority as provided in the Joint Powers Agreement. ANAHEIM CITY COUNCIL MEETING MINTUES AUGUST 5, 2003 Page 8 City Manager David Morgan noted that the City had not had full time representation on the Authority for the last year and at the current time, the organization was not actively pursuing those interests that staff believed lined up with the City of Anaheim. Council Member Tait moved to approve Item A30, seconded by Council Member McCracken. Roll call vote: Ayes - 4; Mayor Pringle, Council Members McCracken, Tait, Chavez. Noes - 1; Council Member Hernandez. Motion carried. 105 A31. Consider appointing a citizen to serve on the Investment Advisory Commission, term to expire June 30, 2007 (Continued from the Council meeting of July 22, 2003). Council Member McCracken nominated Ken Stark. Hearing no further nominations, Mayor Pringle closed the nominations. Roll call vote: Ayes - 5; Mayor Pringle, Council Members McCracken, Tait, Chavez, Hernandez. Noes - O. Motion Carried. 105 A32. Consider appointing seven members to serve on the Sesquicentennial Commission, terms to expire December 31,2007 [Mayor Pringle (1), Mayor Pro Tem Tait (2), Council Members McCracken (2), Chavez (1) and Hernandez (1 )]. Hearing no nominations, the item was continued to August 19, 2003. 105 A33. Consider appointing a citizen to serve on the Planning Commission to complete the unexpired term of John Koos, which will expire June 30, 2006. Mayor Pringle requested the item be continued to August 19, 2003, and hearing no objections, the item was continued. 105 A34. Consider appointing two citizens to serve on the Library Board, one term to expire June 30, 2005 (Glenda Flora) and one term to expire June 30, 2007 (Patricia Tafolla). Council Member McCracken nominated Mary Hibbard. Hearing no further nominations, and no objections, Rev. Hibbard was appointed to the Library Board, term to expire June 30, 2005. The remaining appointment to the Library Board will appear on the August 19, 2003 agenda. 105 A35. Consider appointing four citizens to serve on the Community Center Authority, terms to expire June 30th in staggered years. ANAHEIM CITY COUNCIL MEETING MINTUES AUGUST 5,2003 Page 9 Mayor Pringle requested the item return to the August 19, 2003 agenda with terms outlined. 5:30 P.M. PUBLIC HEARINGS: 000 B1. A public hearing to consider an ordinance which amend sections of the Municipal Code relating to false alarms and a resolution to establish and amend fees to be charged for certain services provided by the Police Department. ORDINANCE NO. (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending Sections 4.95.010 and 4.95.080.010 of Chapter 4.95 of Title 4 of the Anaheim Municipal Code relating to false alarms. RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM establishing and amending fees to be charged for certain services provided by the Anaheim Police Department. This item has been withdrawn by staff. 155 B2. GENERAL PLAN AMENDMENT NO. 2003-00410 RECLASSIFICATION NO. 2003-00097 AND NEGATIVE DECLARATION CITY-INITIATED: City of Anaheim, Planning Department 200 South Anaheim Boulevard, Anaheim, CA 92805 LOCATION: Properties total approximately 31.0 acres, located north and south of Orangethorpe Avenue, 660 feet west of the centerline of Kellogg Drive. GENERAL PLAN AMENDMENT NO. 2003-00410 - City-initiated (Planning Commission) request to amend the Land Use Element Map of the General Plan redesignating the properties from the Low Density Residential designation to the Low-Medium Density Residential designation. RECLASSIFICATION NO. 2003-00097 - City-initiated request to reclassifiy several properties from the County of Orange zoning designation, R-1 "Single- Family Residence", to the RS-5000 (Residential, Single-Family) zone or a less intense zone for annexation into the City of Anaheim. ACTION TAKEN BY THE PLANNING COMMISSION: Recommended adoption of General Plan Amendment No. 2003-00410 (PC2003- 89) (6 yes votes, one Commission vacancy). Reclassification No. 2003-00097 granted (PC2003-90). Negative Declaration approved. Deputy City Manager Joel Fick presented the staff report, available at the City Clerk's Office. Mayor Pringle opened the public hearing. ANAHEIM CITY COUNCIL MEETING MINTUES AUGUST 5, 2003 Page 10 Tim Ott, 18582 E. Woodwind Lane, said he did not attend the Planning Commission meeting and said the County had done an excellent job of maintaining the area. He said the streets in the City around the area had been torn up about three times in the last year and a half. He asked if the same would happen to the streets in the annexed area. Mayor Pringle explained that the density would remain after annexation and the five members of Council would be responsible. Mayor Pringle asked staff to look into why the streets were torn up so often. Ruth O'Hegar expressed concern over the possibility of a street address and zip code change. Deputy City Manager Fick said the addresses would change to be consistent with the City for response of emergencies. Mayor Pringle suggested a transition period where the post office might deliver to both addresses. He noted that mortgage companies and banks, etc. deal with address changes all the time. Brent Mullen, 18532 Woodwind Lane, asked if there would be another meeting to address the possibility of the residents voting on the annexation. Joel Fick responded that there was a public meeting that would be held by LAFCO and the City would make sure that everyone received notification of that meeting. Mayor Pringle noted that there were other annexations that would be coming to Council and he asked staff to create an informational flyer explaining the benefits of annexation to the City and telephone numbers of staff that can answer their questions. Council Member Hernandez said he did not think the zip code would change because the residents were served by Anaheim post office delivery. Council Member McCracken said she felt there should be more communication during the annexation process. Council Member Tait said he did not want to force anyone to annex, but felt the benefits would show an advantage to annexation. Council Member Hernandez moved to approve the CEQA FINDING: NEGATIVE DECLARATION, adopt Resolution No. 2003R-164 and Resolution No. 2003R-165, seconded by Council Member Tait. RESOLUTION NO. 2003-164 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving an amendment to the land use element of the Anaheim General Plan designated as Amendment No. 2003-00410. ANAHEIM CITY COUNCIL MEETING MINTUES AUGUST 5, 2003 Page 11 RESOLUTION NO. 2003R-165 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM finding and determining that the Zoning Map referred to in Title 18 of the Anaheim Municipal Code should be amended and that the boundaries of certain zones should be changed. (RECLASSIFICATION NO. 2003-00097. ) Roll call vote: Ayes - 5; Mayor Pringle, Council Member McCracken, Tait, Chavez, Hernandez. Noes - O. Motion carried. Report on Closed Session Actions: None. Council Communications: Council Member Hernandez thanked the Pacific Symphony for their continued support and free concerts. He requested the Symphony be honored with a proclamation. All Council Members expressed condolences to Council Member McCracken on the recent loss of her husband, Paul. Adjournment: There being no further business to come before the City Council, Mayor Pringle adjourned the meeting in memory of Paul McCracken at 6:35 PM. Respectfully submitted: /~ ~JLL Sheryll Schroeder, CMC City Clerk