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2003/11/18 ANAHEIM, CALIFORNIA - CITY COUNCIL MEETING November 18, 2003 The City Council of the City of Anaheim met in adjourned regular session. The Notice of Adjournment was posted at 3:00 P.M. on November 18,2003 on the exterior door of the Anaheim Council Chambers, announcing the adjournment to 4:15 P.M. due to a lack of quorum. PRESENT: Council Members: Shirley McCracken, Bob Hernandez, Tom Tait, and Richard Chavez. Mayor Curt Pringle arrived during closed session. 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 November 14, 2003 at the City Hall outside bulletin board. Mayor Pro Tem Tom Tait called the regular adjourned meeting to order at 4:18 P.M. in the Council Chambers of the Anaheim City Hall, 200 South Anaheim Boulevard. ADDITIONSIDELETIONS TO CLOSED SESSION: None PUBLIC COMMENTS - CLOSED SESSION: None Mayor Pro Tem Tait recessed to closed session at 4:19 P.M. for the following purposes: 1. CONFERENCE WITH LABOR NEGOTIATORS Agency designated representative: David Hill Employee organization: International Brotherhood of Electrical Workers, Part-Time Customer Service Employees. 2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: 105 S. State College Blvd., Anaheim, California Agency negotiator: Natalie Meeks, David Cosgrove Negotiating parties: City of Anaheim and Walter Friedman Under negotiation: price and terms 3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: 1947 E. Lincoln Avenue, Anaheim, California Agency negotiators: Natalie Meeks, David Cosgrove Negotiating parties: City of Anaheim, Joseph L. Johnson and Lorraine A. Tugend Under negotiation: price and terms 4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: 100 S. Brookhurst Street, Anaheim, California Agency negotiator: Natalie Meeks, David Cosgrove Negotiating parties: City of Anaheim, Harry and Christine Fourtis, James and Dina Daglas, and Chris and Alice Daglas Under negotiation: price and terms ANAHEIM CITY COUNCIL MEETING MINUTES NOVEMBER 18, 2003 PAGE 2 AFTER RECESS: Mayor Pringle called the regular Council meeting of November 18,2003 to order at 5:13 P.M. and welcomed those in attendance. INVOCATION: Pastor Steve Fiechter, Grace Lutheran Church FLAG SALUTE: Council Member Chavez PRESENTATIONS: The 2004 National Merit Scholarship Program Semifinalists were introduced and recognized by Council. Rusty Kennedy, Executive Director of Orange County Human Relations Commission recognized Chief Roger Baker and the Anaheim Police Department, recipients of the 2003 Orange County Together Community-Oriented Policing Award. RECOGNITIONS: The following recognitions would be presented at a later date: Recognizing the Anaheim Angels. Recognizing the 2003 Leadership Anaheim graduates. Proclaiming March 28 - April 1, 2004, as American Chemical Society Days. Mayor Pringle recessed the City Council meeting at 5:36 P.M. to call to order the Anaheim Redevelopment Agency. Mayor Pringle reconvened the City Council meeting at 5:40 P.M. ADDITIONSIDELETIONS TO THE AGENDA: None PUBLIC COMMENTS: James Robert Reade related Police Department concerns. Jeffrey Wilson, resident, spoke of drug dealing occuring on his street and requested Council assistance. City Manager David Morgan indicated Deputy Chief Sain would follow-up with Mr. Wilson's concerns and update Council on the status. Derek Lisowski, resident, requested Council assistance with a missing 14-year old daughter. Mayor Pringle referred Mr. Lisowski to Deputy Chief Sain for assistance. Roger Diamond, attorney for one of the adult businesses affected by Item A25, requested clarification on the ordinance revision. City Attorney Jack White stated the existing eight locations for adult uses in Anaheim were grandfathered in as permitted uses in those locations and change of ownership would not impact the use. William Fitzgerald, Anaheim Homeowners Maintaining Their Environments, objected to air pollution resulting from Disneyland nightly fireworks display and requested Council's assistance. ANAHEIM CITY COUNCIL MEETING MINUTES NOVEMBER 18, 2003 PAGE 3 Bernadine Seargent requested clarification on Item A25. Jack White, City Attorney, stated the reason for the removal of the provision that restricted adult businesses within 100 feet of the freeway or highway was because the courts of California had declared that provision unconstitutional. Mr. White also indicated this provision had no effect on restrictions that prohibited adult businesses from being within 400 feet of residential property. Barney Carroll, resident, in response to Item A28, recommended Anaheim's Police Chief have experience and training dealing with urban crime and related problems. Rina Gonzales thanked Council for the opportunity for the community to address the recruitment criteria for the Chief of Police position. CONSENT CALENDAR: Council Member T ait abstained on Item A 13 due to conflict of interest. Council Member Chavez removed Item A15 for separate discussion. Mayor Pringle removed Items A5 and A14 from the consent calendar and abstained on Item A8 due to conflict of interest. Council Member Chavez moved approval of Consent Calendar Items A 1- A26, seconded by Councilmember McCracken, to waive reading in full of all ordinances and resolutions and to approve the following in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar. Roll Call vote: Ayes-5; Mayor Pringle, Council Members Tait, Hernandez, Chavez, and McCracken. Noes - O. Motion carried. 117 A1. 105 A2. 160 A3. 160 A4. 160 160 A6. 158 A7. Receive and file the Investment Portfolio Report for the month of October 2003 and the minutes of the Public Library Board meeting held October 13, 2003. Accept the low bid of Unisource and authorize the Purchasing Agent to issue a purchase order, in an amount not to exceed $72,185 (excluding tax), for janitorial supplies for a period of one year and to exercise up to three one-year renewal options in accordance with Bid #6421 . Accept the low bid of Valverde Construction, Inc. and authorize the Purchasing Agent to issue a purchase order, in an amount not to exceed $31,196 (tax inclusive), for repairs to the A-4 water utility vault for the Public Utilities Department in accordance with Bid #6423. Accept the low bid of All Seasons Tire Centers, Inc. and authorize the Purchasing Agent to issue a purchase order, in an amount not to exceed $148,931 (plus applicable taxes), for tires and tubes, on an as-needed basis, for Fleet Services for a period of one year in accordance with Bid #6424. Authorize a change order to increase the existing purchase order with Signs and Services Company by $90,840, for signage for the Canyon Identity Industrial Area. Approve the Acquisition Agreement with De LaTorre Landscape and Maintenance Corporation, in the acquisition payment amount of $6,500, for the purchase of real property located at 1923 - 1925 Lincoln Avenue for the Lincoln Avenue and State College Boulevard Intersection Widening Project. ANAHEIM CITY COUNCIL MEETING MINUTES NOVEMBER 18, 2003 PAGE 4 123 A8. 123 A9. 123 A10. 170 A11. Waive Council Policy No. 401 regarding the selection of KFM Engineering, Inc. and approve an agreement with KFM Engineering, Inc., in an amount not to exceed $42,200, for the Lincoln Avenue Corridor Master Plan. Mayor Pringle abstained. Waive Council Policy No. 401 regarding the selection of RJM Design Group and approve an agreement with RJM Design Group, Inc., in an amount not to exceed $44,000, for the Lincoln Avenue Corridor Master Plan. Approve an agreement with Clear Channel Outdoor to install and maintain bus stop shelters in the City. Approve Final Map and Subdivision Agreement of Tract No. 16489 with Lincoln Avenue Properties, LLP. for property located at 2865 West Lincoln Avenue. A 12. Authorize the City Manager to coordinate the City's participation with the Orange County Tourism Council, Anaheim Visitor and Convention Bureau, and major cities within the 116 County to pursue a County-wide tourism development program to gain a larger share of regional tourism spending; authorize the contribution of $50,000 from the General Fund Reserves as the City's proportionate share to be matched by public and private co- participants; and increase the General Fund expenditure appropriations in the Convention, Sports and Entertainment Department's budget by $50,000. 123 A13. 123 A16. 153 A17. 123 A 18 123 A19. 113 A20. Approve the Aerial to Underground Conversion Agreement with Pacific Bell Telephone Company, dba SBC California, to authorize the City to construct underground supporting structures as part of the Lincoln Phase II Street-Widening Project. Council Member Tait abstained. Approve an agreement to receive $34,470 from Children's Bureau of Southern California to provide a Kids in Action youth development and sports program site at the Family Resource Center at Jonas Salk Elementary School. Approve the 2004 health plan rates and authorize the Human Resources Director to execute all required documents on behalf of the City. Approve a name change on existing agreements with PRC/Public Sector, Inc. to Northrop Grumman Public Safety, Inc. for software and hardware maintenance services in connection with the Police Department's automated systems. Approve Cooperative Agreement No. C-3-0260 with the Orange County Transportation Authority, in an amount not to exceed $25,000, for walkway lighting improvements within the Pacific Electric Railroad Right-of-Way near the southwest corner of Knott Street and Ball Road. RESOLUTION NO. 2003R-204 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the destruction of certain City records more than two years old (Finance Department). ANAHEIM CITY COUNCIL MEETING MINUTES NOVEMBER 18, 2003 PAGE 5 158 A21. 158 A22. 158 A23. 176 A24. RESOLUTION NO. 2003R-205 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 (City Deed Nos. 10604, 10687 through 10694 and 10696 and 10697). RESOLUTION NO. 2003R-206 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 (City Deed Nos. 10685 and 10686). RESOLUTION NO. 2003R-207 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 (City Deed NO.1 0695). RESOLUTION NO. 2003R-208 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM declaring its intention to vacate certain public streets, highways and easements (Abandonment No. ABA2003-00071, 5055 East Short Street). A25. ORDINANCE NO. 5894 (INTRODUCTION) AN ORDINANCE OF THE CITY OF 142 ANAHEIM amending various sections of the Anaheim Municipal Code relating to expressive activity and sex-oriented businesses. 114 A26. Approve minutes of the Council meeting held November 4,2003. END OF CONSENT CALENDAR: A5. 105 Waive Council Policy No. 306, accept the bid of Air New Zealand and authorize the Purchasing Agent to issue a purchase order, in an amount not to exceed $204,000, for the repair of the Public Utilities' turbine generator in accordance with Bid #6426. No discussion necessary; with Council consensus, Mayor Pringle moved to approve Item A5. Roll Call vote: Ayes-5; Mayor Pringle, Council Members McCracken, Tait, Hernandez and Chavez. Noes-O. Motion carried. 150 A 14. Approve the naming of the current Roosevelt Park site as Laurel Park. With consensus of Council, Mayor Pringle continued Item A14 to December 2,2003. 123 A 15. Approve the License Agreement with Western Youth Services to use the Manzanita Park Family Resource Center as administrative offices to provide services that promote safe and stable families and reduce child abuse as part of the County of Orange Social Services Agency's Families and Communities Together Program. Jack Kudron, Interim Community Services Director, indicated Manzanita Park Resource Center was still in operation and the only change that would occur was in the manner in which the grant was to be managed. Council Member Chavez congratulated staff for partnering with community based programs to prevent child abuse and recommended seeking other similar programs that have positive impacts on children. ANAHEIM CITY COUNCIL MEETING MINUTES NOVEMBER 18,2003 PAGE 6 105 A27. Consider appointing two citizens to serve on the Sesquicentennial Commission, terms to expire December 31,2007 (the second appointment to fill the unexpired term of Cynthia Harris). Mayor Pringle continued his appointment to the Sequicentennial Commission to the December 2, 2003 meeting. Council Member Hernandez nominated Bill Ross to fill the unexpired term of Cynthia Harris; no other nominations were offered. Motion carried unanimously. 156 A28. Receive public input regarding the draft Police Chief Candidate Profile. Mayor Pringle noted with the announcement of the retirement of Chief Roger Baker, Council had directed staff to engage a recruitment firm to address the desired qualifications and traits for an ideal candidate to fill this position as well as to actively recruit nationwide. With that in mind, Council desired public input into these qualities and traits and any member of the public not present to speak, could do so by email, fax or telephone. James Robert Reade desired a Police Chief that would protect and serve every resident of every race in Anaheim and every visitor from every country. Bob Ball, resident, felt the ideal candidate should be sensitive to all groups in the community and recognize and adjust to the ever-changing diversity in the City. Cheri McCracken related concerns with identifying property owners. Amin David, businessman, recommended Anaheim look outside the Anaheim Police Department for a Police Chief and get the best possible candidate under the criteria already made public and give that individual the support to make Anaheim community policing accountable. Michael Baker, Executive Director of Boy's and Girl's Club, recommended bilingual skills as a desirable attribute. Duane Roberts, resident and community activist, recommended the next Police Chief have a strong commitment to defend civil liberties and civil rights. The City Manager, David Morgan, provided a time table for the recruitment process. He stated the candidate profile would be finalized within two days and the recruitment would be open for approximately 30 days. With a final filing date at the end of December, applications would be screened in January, and interviews would be conducted in early February with recommen- dations to Council before the end of February, 2004. Mayor Pringle noted there was still an opportunity for the public to provide input into the candidate profile. PUBLIC HEARINGS: Sheryll Schroeder, City Clerk, noted that under Item B1, the resolution relating to property at 2201 West Lincoln Avenue had been withdrawn by staff. Additionally, under Item B2, staff had withdrawn three proposed resolutions related to the properties at 305 South State College Boulevard, 101-111 North State College Boulevard and 1923-1925 Lincoln Avenue. ANAHEIM CITY COUNCIL MEETING MINUTES NOVEMBER 18, 2003 PAGE 7 Mayor Pringle stated Items B1 and B2 were to consider the acquisition of certain interests in real property by the use of eminent domain except for those properties which had been withdrawn by staff and that testimony during the public hearing would be restricted to five issues, as outlined below: 1) Whether the public interests and necessity required the project 2) Whether the project was planned and located in a manner that would be most compatible with the greatest public good and least private injury 3) Whether the property sought to be required was necessary for the project itself 4) Whether the offer required by Government Code Section 7267.2 had been made to the owner or owners of record 5) Whether the City had met all other prerequisites to the exercise of eminent domain in connection with the property 121 B1. A public hearing to consider acquiring and authorizing the condemnation of certain properties for the Lincoln Avenue and Brookhurst Street Intersection Improvement Project (A 4/5 vote is required for adoption of the Resolutions). RESOLUTION NO. 2003R-209 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM determining the public interest and necessity for acquisition of portions of property located at 125 North Brookhurst Street and 2217 West Lincoln Avenue for the purposes of the Lincoln Avenue and Brookhurst Street Intersection Improvement Project (R/W 2002-00077). RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM determining the public interest and necessity for acquisition of portions of property located at 2201 West Lincoln Avenue for the purposes of the Lincoln Avenue and Brookhurst Street Intersection Improvement Project (R/W 2002-00078). Staff withdrew the resolution for portions of property located at 2201 West Lincoln Avenue (R/W 2002-00078). RESOLUTION NO. 2003R-210 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM determining the public interest and necessity for acquisition of portions of property located at 100 South Brookhurst Street for the purposes of the Lincoln Avenue and Brookhurst Street Intersection Improvement Project (R/W 2002- 00079). RESOLUTION NO. 2003R-211 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM determining the public interest and necessity for acquisition of portions of property located at the east side of Brookhurst Street north of Cherrywood Lane for the purposes of the Lincoln Avenue and Brookhurst Street Intersection Improvement Project (R/W 2002-00091). Natalie Meeks, Development Services Manager, indicated Roger Cunningham from Security Land and R/W, the City's acquisition consultant and Mike Rubin, Rutan and Tucker, the City's legal consultant were also present. She stated the resolutions on the agenda were for the acquisition and right of way necessary for the construction of the Lincoln Avenue and Brookhurst Street Intersection Improvement Project. Ms. Meeks explained the proposed project would widen Brookhurst Street north and south of Lincoln Avenue providing second north and southbound left turn lanes and exclusive northbound and southbound right turn lanes and associated parkway sidewalk improvements as well as traffic signal upgrades and improve ANAHEIM CITY COUNCIL MEETING MINUTES NOVEMBER 18, 2003 PAGE 8 traffic capacity through that intersection. Ms. Meeks also indicated the project had been environmentally cleared through a negative declaration approved by the City Council on March 18, 2003. Additionally, Ms. Meeks confirmed the proposed project would not impact any structures and temporary construction easements were also included in the proposed acquisition to accommodate the relocation of signage and utilities and to join existing improvements. Ms. Meeks noted the project was scheduled for construction beginning July, 2004 and the grant funding of the project required award of the construction contract by June 30, 2004. She indicated acquisition offers had been made to the property owners and the City's acquisition consultant had been in contact and negotiation with the property owners on several occasions. The recommendation was for the City to move forward with adoption of the listed resolutions to insure possession of the property to meet the requirements of the grant, and the City would continue to work with each of the property owners in an attempt to reach settlement. Mayor Pringle opened the public hearing. Cheri McCracken expressed concerns that two of the properties did not have clear title, referring to the Pizza Hut property and the Shell station property. With no other public comment received, Mayor Pringle closed the public hearing on item B1. In response to Mayor Pringle's question relating to clear title for property owners, Natalie Meeks confirmed that part of the condemnation process would be to serve notice to all the individuals listed on the title report and to serve notice to the appropriate property owners. Motion by Councilmember Hernandez, second by Council Member Tait to adopt Resolutions 2003R-209, 2003R-210 and 2003R-211. Roll Call vote: Ayes-5; Mayor Pringle, Council Members McCracken, Tait, Hernandez and Chavez. Noes - O. Motion carried. 121 B2. A public hearing to consider acquiring and authorizing the condemnation of certain properties for the Lincoln Avenue and State College Boulevard Intersection Widening Project (A 4/5 vote is required for adoption of the Resolutions). RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM determining the public interest and necessity for acquisition of portions of property located at 305 South State College Boulevard for the purposes of the Lincoln Avenue and State College Boulevard Intersection Widening Project (RIW ACQ2002-00095) . Staff has withdrawn proposed resolution for portions of property located at 305 South State College Boulevard (RIW ACQ2002-00095). RESOLUTION NO. 2003R-212 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM determining the public interest and necessity for acquisition of portions of property located at 221-225 South State College Boulevard for the purposes of the Lincoln Avenue and State College Boulevard Intersection Widening Project (RIW ACQ2002-00097) . RESOLUTION NO. 2003R-213 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM determining the public interest and necessity for acquisition of portions of property located at 201 South State College Boulevard for the purposes of ANAHEIM CITY COUNCIL MEETING MINUTES NOVEMBER 18, 2003 PAGE 9 the Lincoln Avenue and State College Boulevard Intersection Widening Project (RIW ACQ2002-00098) . RESOLUTION NO. 2003R-214 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM determining the public interest and necessity for acquisition of portions of property located at 1927-1937 East Lincoln Avenue for the purposes of the Lincoln Avenue and State College Boulevard Intersection Widening Project (RIW ACQ2002-00099). RESOLUTION NO. 2003R-215 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM determining the public interest and necessity for acquisition of portions of property located at 1947 East Lincoln Avenue at State College Boulevard for the purposes of the Lincoln Avenue and State College Boulevard Intersection Widening Project (RIW ACQ2002-001 00). RESOLUTION NO. 2003R-216 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM determining the public interest and necessity for acquisition of portions of property located at 119 South State College Boulevard for the purposes of the Lincoln Avenue and State College Boulevard Intersection Widening Project (RIW ACQ2002-001 01). RESOLUTION NO. 2003R-217 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM determining the public interest and necessity for acquisition of portions of property located at 105 South State College Boulevard for the purposes of the Lincoln Avenue and State College Boulevard Intersection Widening Project (RIW ACQ2002-00102). RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM determining the public interest and necessity for acquisition of portions of property located at 101-111 North State College Boulevard for the purposes of the Lincoln Avenue and State College Boulevard Intersection Widening Project (RIW ACQ2002-00103). Staff has withdrawn the resolution for portions of property located at 101-111 North State College Boulevard (RIW ACQ2002-00103). RESOLUTION NO. 2003R-218 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM determining the public interest and necessity for acquisition of portions of property located at 100 South State College Boulevard for the purposes of the Lincoln Avenue and State College Boulevard Intersection Widening Project (RIW ACQ2002-00104). RESOLUTION NO. 2003R-219 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM determining the public interest and necessity for acquisition of portions of property located at 2111 East Lincoln Avenue for the purposes of the Lincoln Avenue and State College Boulevard Intersection Widening Project (RIW ACQ2002-00110). RESOLUTION NO. 2003R-220 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM determining the public interest and necessity for acquisition of portions of property located at 2117 East Lincoln Avenue for the purposes of the Lincoln ANAHEIM CITY COUNCIL MEETING MINUTES NOVEMBER 18, 2003 PAGE 10 Avenue and State College Boulevard Intersection Widening Project (RIW ACQ2002- 00111). RESOLUTION NO. 2003R-221 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM determining the public interest and necessity for acquisition of portions of property located at 2016 East Center Street for the purposes of the Lincoln Avenue and State College Boulevard Intersection Widening Project (RIW ACQ2002- 00122). RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM determining the public interest and necessity for acquisition of portions of property located at 1923-1925 Lincoln Avenue for the purposes of the Lincoln Avenue and State College Boulevard Intersection Widening Project (RIW ACQ2002- 00126). Staff has withdrawn the resolution for portions of property located at 1923-1925 Lincoln Avenue (RIW ACQ2002-00126). Natalie Meeks, Public Works Department, stated the listed resolutions in Item B2 were for the acquisition of right-of-way necessary for the construction of the Lincoln Avenue and State College Boulevard Intersection Widening Project. She explained the project would improve the intersection traffic capacity by providing third north and southbound thru lanes, second north, south and westbound left-turn lanes and exclusive north, south and westbound right-turn lanes with associated sidewalk parkway improvements and traffic signal upgrades. She noted median islands would also be added in conformance with the State College Boulevard Master Plan. Additionally, there would no demolition of any structures, however, one building would be modified to accommodate the acquisition and street improvements. Temporary easements were also included in the proposed acquisition to accommodate relocation of signage and utilities and to join existing improvements. Ms. Meeks indicated the project had been environmentally cleared through a negative declaration approved by Council on March 25, 2003. Grant funding for the project required award of the contract prior to June 30, 2004, with construction scheduled for July, 2004. Ms. Meeks reported acquisition offers had been made to the property owners and the City's acquisition consultant had been in contact and negotiations with property owners and that process would continue. Ms. Meeks noted there was one minor change in the project for 201 South State College Boulevard. The fee interest acquisition would be changed to an easement as the Shell Station was in the process of performing environmental clean-up on their site and an easement would allow Shell to complete the clean-up work. Mayor Pringle opened the public hearing. Cheri McCracken expressed concern that some properties, specifically the Pizza Hut and Shell Station sites, needed additional time to insure clear title for those properties. Mayor Pringle requested clarification that all property owners were being identified through the title report and that negotiations were occurring with the property owners. Ms. Meeks confirmed and further explained that Ms. McCracken was told that if the City came to any settlement agreement with the identified property owners, which through the title report for those properties in question was Equilon, they would be required to give the City clear title to the property. If there were other investments or interests not showing on the title report, Ms. McCracken could provide the City ANAHEIM CITY COUNCIL MEETING MINUTES NOVEMBER 18, 2003 PAGE 11 with information to that effect and it would be examined. Ms. Meeks also noted that before eminent domain was filed, a litigation guaranty would be received from the title company to ensure that the City was working with correct property owners. Mayor Pringle recommended Ms. McCracken discuss her concerns with Natalie Meeks. With no other public input, Mayor Pringle closed the public hearing. Council Member Chavez moved to adopt Resolutions 2003R-212, 2003R-213, 2003R-214, 2003R-215, 2003R-216, 2003R-217, 2003R-218, 2003R-219, 2003R-220 and 2003R-221; seconded by Council Member McCracken. Council Member Tait abstained on Resolution 2003R-213 for 201 State College Boulevard due to conflict of interest. Roll Call vote: Ayes - 5; Mayor Pringle, Council Members McCracken, Tait, Hernandez and Chavez. Noes - O. Motion carried. REPORT ON CLOSED SESSION ITEMS: There were no items to report from closed session COUNCIL COMMUNICATIONS: Council Member Hernandez noted the passing of retired Anaheim Fire Department employee Linda Ortega. Council Member McCracken wished all a happy Thanksgiving holiday. Council Member Chavez also wished a happy holiday for all and acknowledged those City employees working the holidays. Mayor Pringle announced the funding for the BSNF soundwall project would be coming from the Orange County Transportation Authority and thanked Council Member McCracken for her efforts in securing the funding. Mayor Pringle attended California Governor Schwarzenegger's swearing-in ceremony and believed the administration would provide a good opportunity for Anaheim. The Mayor reported that with the governor's immediate repeal of the vehicle license fee increase, the statutory requirement to provide backfill funds to local governments was eliminated. The Mayor noted that the new administration understood the impact of this loss and was committed to backfilling those funds to local governments. The Mayor also represented Anaheim in Sonora, Mexico at a businesswoman's conference to discuss economic and trade opportunities and he looked forward to having the conference in Anaheim next year. Mayor Pringle thanked staff and in particular John Nicoletti, Public Information Manager, for the superb overview of the City of Anaheim contained in the Orange County Business Journal. The Mayor also reported he had an opportunity last week to announce the creation of the Anaheim's Challenge for Education Grant Program in conjunction with the nationwide program, Children's Scholarship Fund, which enabled low income families to apply for scholarships to schools of their choice for elementary students. ANAHEIM CITY COUNCIL MEETING MINUTES NOVEMBER 18,2003 PAGE 12 The Mayor announced appointments may be made at the December 2, 2003 Council meeting for the newly-created Cultural and Heritage Commission as well as the new Housing and Community Development Commission. ADJOURNMENT: There being no further business to come before the City Council, Mayor Pringle adjourned the meeting at 6:58 P.M. Res~..~c.tfUIlY s. ubm~d; ,~~d~~-L..b~ Sheryll Schroeder, CMC City Clerk