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2004/10/05 ANAHEIM, CALIFORNIA - CITY COUNCIL ADJOURNED REGULAR MEETING OCTOBER 5, 2004 The City Council of the City of Anaheim met in adjourned regular session at 5:12 P.M. in the Council Chambers of the Anaheim City Hall, 200 South Anaheim Boulevard. The Notice of Adjournment was posted at 3:00 P.M. on October 5,2004 on the exterior door of the Anaheim Council Chambers, announcing the adjournment to 5:00 P.M. due to a lack of quorum. PRESENT: Mayor Curt Pringle, Council Members: Richard Chavez, Bob Hernandez, and Shirley McCracken ABSENT: Council Member Tom Tait STAFF PRESENT: City Manager David Morgan, City Attorney Jack White, and City Clerk Sheryll Schroeder A copy of the agenda for the meeting of the Anaheim City Council was posted on October 1, 2004 at the City Hall outside bulletin board. INVOCATION: FLAG SALUTE Council Member McCracken Council Member Hernandez PRESENTATION: Recognizing Long Term City of Anaheim employees Walter Jerz, Human Resources Department, introduced twenty-five of the sixty-three Anaheim long-time employees receiving certificates of appreciation for providing from 25 to 40 years of service with the City. ACCEPTANCE OF PROCLAMATIONS/OTHER RECOGNITIONS: Proclaiming October 3-9, 2004, as Public Power Week. Proclaiming October 6, 2004, as Smile for Life Day. Michael Baker, Executive Director of the Anaheim Boys and Girls Club accepted Smile for Life Day proclamation stating his organization had been conducting a program called Cavity Free Zone at five of the Boys and Girls' club sites for the purposes of promoting oral hygiene for the participants. Recognizing the California Highway Patrol Women in Uniform. Recognizing Anaheim Angels for Winning the American League Western Division Championship Recognizing the Council on America-Islamic Relations Southern California Award Recipients ANAHEIM CITY COUNCIL MEETING MINUTES OCTOBER 5, 2004 Page 2 ADDITIONS/DELETIONS TO THE AGENDA: With the finding there was a need to take action after the agenda was posted, Council Member Hernandez moved to add an agreement with the County of Orange for supplemental law enforcement services for major league baseball playoffs and World Series games to the Consent Calendar, seconded by Council Member Chavez. Roll Call vote: Ayes - 4; Mayor Pringle, Council Members: Chavez, Hernandez and McCracken. Noes - O. Absence - 1; Council Member Tait. Motion Carried. Mayor Pringle announced that as Council Member Tait was out of town on business, Item 81 would be continued to October 19, 2004 since Council Member Tail's vote for the previously considered matter which had resulted in a tie vote on September 24, 2004 was required. PUBLIC COMMENTS: James Robert Reade related Police Department concerns. William Fitzgerald, Homeowners Maintaining their Environment, related fireworks pollution concerns. Alma Ramirez supported Republican candidates for the November, 2004 election. Council Member Chavez responded to personal remarks offered during public comments, stating Mr. Fitzgerald lost credibility on the validity of the issues he discussed by making inappropriate comments. CONSENT CALENDAR: Council Member Hernandez moved approval of the Consent Calendar, Items A 1- A 14A, seconded by Council Member 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 - 4; Mayor Pringle, Council Members: Chavez, Hernandez, and McCracken. Noes - O. Absence - 1; Council Member Tait. Motion carried. A1. C118 A2 B105 A3. 0180 A4. 0180 Reject certain claims filed against the City. Receive and file the Park and Recreation Commission minutes of August 25, 2004. Waive the sealed bidding requirement of Council Policy No. 306 and authorize the Purchasing Agent to issue a purchase order to Comserco Communications, in the amount of $133,531.07 (including tax), for four mobile data terminals and twenty-five portable radios and accessories for the Fire Department. Waive the sealed bidding requirement of Council Policy No. 306 and authorize the Purchasing Agent to issue two purchase orders to Allstar Fire Equipment for three ISG K-1 000 thermal imaging cameras with accessories and three truck mount chargers, funded by the Assistance to Firefighters Grant Program, in the amount of $46,693.47 (including taxes) and the second purchase order for twelve ISG K-80 thermal imaging cameras with accessories and twelve truck mount chargers, funded ANAHEIM CITY COUNCIL MEETING MINUTES OCTOBER 5, 2004 Page 3 by the Urban Areas Security Initiative grant fund, in the amount of $100,660.05 (including tax). A5 Waive the sealed bidding requirement of Council Policy No. 306 and authorize the D180 Purchasing Agent to issue a blanket purchase order to Advanced Equipment Corporation, in an amount not to exceed $30,000, for service and repair of the movable wall panels, as required, at the Convention Center for a one year period with two one-year options to renew and authorize the Purchasing Agent to exercise the renewal options. A6. Award the contract to the lowest responsible bidder, General Pump Company, Inc., in 3237 the amount of $46,189, for the destruction of Well #22, and approve and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. A7. Approve the Final Map and Subdivision Agreement of Tract No. 16683 for property 3213 located at 3117-3167 Lincoln Avenue. A8. Approve Cooperative Agreement No. 12-480 with the State of California, Department 3211 of Transportation for State oversight on design activities for the East Street/SR-91 freeway interchange project. A9. Approve the Administering Agency-State Agreement for Federal Aid Projects No. 12- 3212 5055, Program Supplement No. M118 for the Gene Autry Way (West) Highway and Interchange Projects. A 10. Approve and authorize the Chief of Police to execute the Sixth Amendment to 2890.6 Agreement with Northrop Grumman Public Safety, Inc., in an amount not to exceed $70,000 annually, for software and hardware maintenance services in connection with the Police Department's automated systems for the periOd from May 1, 2004 to April 30, 2005. A 11 Adopt a Negative Declaration for the construction of a new water production well in N350 West Anaheim. A 12 Approve and authorize the Public Utilities General Manager to execute the License D 182 and Right of Entry form agreements with private property owners to destroy abandoned wells located on their property and authorize the City Attorney to approve de minimis or non-substantive changes to the agreement. A 13 RESOLUTION NO. 2004-204 RESOLUTION OF THE CITY COUNCIL OF P121 THE CITY OF ANAHEIM declaring its intention to vacate certain public streets, highways and easements. A14 ORDINANCE NO. 5945 (INTRODUCTION) AN ORDINANCE OF THE CITY C280 OF ANAHEIM amending the zoning map referred to in Title 18 of the Anaheim Municipal Code relating to zoning (Reclassification No. 2004-00123,135 South Dale Avenue). ANAHEIM CITY COUNCIL MEETING MINUTES OCTOBER 5, 2004 Page 4 A 14a. Approve an agreement with the County of Orange for supplemental law enforcement 3214 services during the Major League Baseball American League Championship Series and the World Series. END OF CONSENT CALENDAR A 15. Consider appointing a member to serve on the Housing and Community B105 Development Commission, representing the South Neighborhood Council, term to expire June 30, 2006. APPOINTMENT: With the consent of Council, Mayor Pringle continued Item A15 to the next meeting. A 16. Consider appointing a member to serve on the Park and Recreation Commission to B 105 complete the unexpired term of Laurie Beighton, term to expire June 30, 2006. APPOINTMENT: With the consent of Council, Mayor Pringle continued Item A15 to the next meeting. PUBLIC HEARINGS: B1. WAIVER OF CODE REQUIREMENT C220 CONDITIONAL USE PERMIT NO. 2004-04857 AND NEGATIVE DECLARATION: Owner: John Lee, 3026 West Ball Road, Anaheim, CA 92804 Agent: Chung Myung, 3380 Flair Drive, Suite 222, EI Monte, CA 91731 Location: 3026 West Ball Road. Property is approximately 0.41-acre, landlocked parcel located on the south side of Ball Road located 418 feet west of the centerline of Beach Boulevard. Request to permit a church within an existing residence with a separate accessory pastor's quarters with waivers of: (a) minimum setback for institutional uses abutting a residential zone boundary, and (b) minimum number of parking spaces. ACTION TAKEN BY THE PLANNNING COMMISSION: Waiver of Code Requirement approved, in part, approving waiver (a) and denying waiver (b) (6 yes votes, Commission Buffa voted no). Conditional Use Permit No. 2004-04857 granted for one year, to expire on August 23, 2005. Negative Declaration approved (7 yes votes). (Appealed by Grace Kim, adjoining property owner). MOTION: CEQA FINDING: NEGATIVE DECLARATION. RESOLUTION NO.: CONDITIONAL USE PERMIT NO. 2004-04857. Mayor Pringle continued Item B1 to October 19, 2004 for full Council consideration, noting the matter had been considered at the meeting of September 24, 2004 and had resulted in a ANAHEIM CITY COUNCIL MEETING MINUTES OCTOBER 5, 2004 Page 5 tie vote and would be continued in order to be considered by all five members of the City Council. COUNCIL COMMUNICATIONS: Mayor Pringle announced City Hall would provide early voting for the November 2, 2004 election for Orange County residents from Tuesday, October 5th until Friday October 22, 2004 from 8:00 a.m. to 5:00 P.M. at City Hall East, 2nd floor, City Clerk's Office. ADJOURNMENT: There being no further business to come before the City Council, Mayor Pringle adjourned the meeting at 5:47 P.M. Respectfully submitted: "-;_(1 { ( '/ ( ,'- J I C( (l C 4~.f- { ( Sheryll Schroeder, MMC City Clerk