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2005/11/15ANAHEIM, CALIFORNIA CITY COUNCIL ADJOURNED REGULAR MEETING NOVEMBER 15, 2005 The City Council of the City of Anaheim met on November 15, 2005 to call to order the adjourned regular session of November 8, 2005 at 3:10 P.M. in the Council Chambers of Anaheim City Hall, 200 South Anaheim Boulevard, PRESENT: Mayor Curt Pringle, Council Members: Richard Chavez, Lorri Galloway, Bob Hernandez and Harry Sidhu STAFF PRESENT: City Manager Dave Morgan, Assistant City Attorney Cristina Talley, and City Clerk Sheryll Schroeder A copy of the agenda for the meeting of the Anaheim City Council was posted on November 10, 2005 at the City Hall exterior bulletin board. WORKSHOP: HARBOR BOULEVARD MASTER PLAN IMPROVEMENTS Gary Johnson, Director of Public WorkslCity Engineer, provided background on the Harbor Boulevard Master Plan. In May of 2004, he explained, Council had adopted the updated General Plan which included an amendment to the Anaheim Resort Specific Plan that incorporated 26 acres along Harbor Boulevard into the 500 plus acre Anaheim Resort Specific Plan Zone. Mr. Johnson stated the area was known as the Anaheim Resort Expansion area and as a follow-up to the adoption of the General Plan, identity and landscape programs were required for the expansion area which was the purpose of the workshop. Russell Maguire, Deputy City Engineer, indicated the Draft Harbor Boulevard Master Plan (HBMP) had been completed in June, 2005 with a public hearing held for those property owners directly affected by the expansion area. In addition, he stated a public information workshop had been scheduled in August, 2005 with notifications sent to property owners, business operators and to all addresses within the expansion area. He added that a questionnaire asking for preferences among various alternatives relating to landscape and identity had been provided both at the workshop and by mail and all responses had been incorporated into the study with the revised study considered by the Planning Commission this October. He noted the Commission concurred with the recommendations, and offered additional input which had been incorporated into the final draft. Mr. Maguire ending with the statement staff was now requesting Council comments and direction on the Harbor Boulevard Master Plan Improvements. Rick Kreitzer, consultant with Campion Engineering, provided an overview of the project consisting of alignment and landscape alternatives and streetscapelmonumentation options. He pointed out present conditions consisted of a 13-foot wide parkway of mostly concrete and asphalt with minimal landscaping along commercial frontages. The four alignment alternatives illustrated varying widths of medians and parkways, 13-foot, 16-foot and 24-foot widths with Mr. Kreizzer pointing out the 16-foot and 24-foot parkways required property take-sways. Mr. Kreitzer also outlined four landscape alternatives; Planting Theme 1 extended the Resort theme between Katella Avenue and Orangewood Avenue along Harbor Boulevard into the project area and ANAHEIM CITY COUNCIL MEETING MINUTES NOVEMBER 15, 2005 Page 2 consisted of Star Jasmine and daylilies with Tipu trees in the parkway medians. Planting Theme 2 extended the Resort Theme between Katella Avenue and Manchester Avenue along Harbor Boulevard into the new project area and consisted of masses of daylilies planted with the Tipu trees in the medians and parkways. Planting Theme 3 substituted a small .canopy tree with the Tipu tree as less shading was required with five-foot wide sidewalks in a 13-foot parkway versus an eight-foot wide sidewalk in the other alignment alternatives. Planting Theme 4 would extend existing planting occurring between Wilken Way and Chapman Avenue along new hotel properties. This theme would use a double row of Date Palms with an intermediate small canopy tree and shrub plantings of Bird of Paradise, Fountain Grass, and Star Jasmine. Mr. Kreitzer offered details on the streetscape and monumentation options. Option 1 would leave the existing southern resort monumentation at the intersection of Harbor Boulevard and Orangewood Avenue to be consistent with both the southern and northern resort monuments on Harbor Boulevard. Option 2 would relocate the southern resort monument on Harbor Boulevard to the resort boundary at Chapman Avenue and Harbor Boulevard. Option 3 would leave the existing resort monument in place and construct an enhanced medianlparkway monumentation at the intersection of Chapman Avenue and Harbor Boulevard. A summary of alternatives and costs were presented with Mr. Kreitzer detailing specifics relating to each alternative. The range of costs for roadway and streetscape alternatives were broad, between $2.7 million to $34.3 million with sewer system and storm drain system upgrades costing an additional $5 million. He remarked the total capital expenditures could range from $7.7 million to $39.3 million depending upon the alternative selected. Mr. Kreitzer commented that one of the primary ways to fund the project would be through an assessment district which would enable the City to charge property owners an annual assessment for certain public improvement or services that benefited their properties. Over a 30-year bond period, the assessments could range from $27,700 per acre per year to up to $135,000, again dependent upon the alternative selected. An annual maintenance district similar to that of the Resort area was also discussed and depending on the size of the parkways and medians chosen, the annual assessment per acre per year could range from $1,580 for the smaller parkways #o $2,700 for the 24-foot parkways and 20-foot medians, consistent with the cost of maintenance in the Resort area. Reporting on public feedback for the various options, Mr. Kreitzer indicated preference was given as follows: 1 }narrower medians and narrower parkways, 2} a slight preference for pads versus turnouts, 3) Planting Theme 3 with the 13-foot parkway alternative consisting of Gold Medallion parkway trees and Tipu trees in the medians, 4} no clear-cut preference for entry monumentation and 5) to have minimum funding level. Those recommendations, stated Mr. Kreitzer were taken to the Planning Commission along with staff input and were as follows: 1)16-foot medians, 2)13- foot parkways, 3} Planting Theme 3 (Tipus with Gold Medallion trees), 4) Monumentation Option 3 (to put a City entry monument enhanced in the median to draw attention that rider is entering the Resort area), and 5) staff-recommended bus turnouts be implemented in lieu of pads to be consistent with the balance of the Resort. This recommendation resulted in a project that was about $11.5 million for the streetscape and landscape and with the addition of bus bays would be increased to $16.5 million. He reported the Planning Commission concurred with the recommendations but also requested the business sign replacement program be added to the menu of improvements. He explained there were a total of 29 signs in the expansion area averaging about $90,000 per sign which would add another $2.6 million to the project. The last comment from the Commission for staff to investigate additional funding sources, as there was a ANAHEIM CITY COUNCIL MEETING MINUTES NOVEMBER 15, 2005 Page 3 concern by the Commission on what the impact assessments would have on small businesses in the expansion area. Those same recommendations were now being made to the City Council which would bring the new project total to approximately $14 million. Mr. Maguire stated that in addition to receiving Council input, the master plan would be finalized and while not committing to any construction or assessment district at this time, the final master plan would be given to the Planning Department to be utilized as part of their overall amendment to the Anaheim Resort Specific Plan and its identity and public realm landscaping program which would need to be updated to include this expansion. Mayor Pringle asked what the median and sidewalk widths were at the southern most end of the present Resort area by Orangewood; Mr. Maguire responded Harbor north of Orangewood had an eight-foot parkway and an eight-foot sidewalk. The Harbor median, he explained, was a 20-foot median but as it approached the larger intersection at Orangewood and Chapman, the median flared from 20 to 26 feet as the turn-pockets were reached. North of Orangewood, Mr. Maguire stated, the median island varied from 26 to 20 feet. Mayor Pringle asked if the width was 16 feet any place north of Orangewood and Mr. Maguire indicated it became 16 feet as Manchester was approached. Mr. Maguire confirmed as Harbor wen# over the freeway, the minimum width would be 16 feet and where the two left turns were located, the width reached 26 feet, which meant south of Manchester, the width would vary between 20 to 26 feet. Mayor Pringle asked if the east side of the intersection on Orangewood and Harbor had eight-foot sidewalks and Mr. Maguire responded the original Resort construction built along Katella, had a basic 16 foot parkway on Harbor and Katella, however, the back eight foot section had been completed later when development occurred. He indicated as hotels constructed on the west side of Harbor north of Orangewood, they would develop the back eight feet along Orangewood but that along Orangewood itself, it was only aten-foot parkway. Mayor Pringle asked if it was possible to consider a similar treatment if any of the buildings were torn down and replaced and allow some palm trees on the interior side of the sidewalk if the building was demolished and replaced. Mr. Maguire agreed that if Council wanted to develop the full range alternative, the Department would probably suggest it be implemented the same as the Resort, i.e., only landscape from the curb to the back of the sidewalk which would leave the back eight feet to be landscaped when development occurred. Council Member Hernandez stated there were several options offered on the widths of the right-of- way and in each case the City would take a little bit more property and in some cases, the taking would impinge on the business owner and impact their business and in other cases it would impinge on their property to the extent the business would have to be relocated. Mr. Maguire confirmed that would happen, particularly if Council selected the full-out Resort theme with 20-foot medians and 24-foot parkways and all the bus turnouts, then there would be some properties so impacted, the City would need to buy out the business and the property. At the other end of the spectrum, he emphasized, which was the recommendation before Council, no buildings would be impacted. Council Member Hernandez asked what the economic impact would be on the businesses if property was taken and Mr. Maguire replied if one particular alternative was selected, all of the business impacts would be addressed in the right-of-way acquisition and any of the estimates would include those numbers. . Council Member Sidhu affirmed that the recommendation to Council was Alternative 2a with the bus turnouts. Council Member Sidhu then asked what the response was from the business operators when told that the cost of capital improvements would be approximately $15 million or $52,500 per acre per year for 30 years. Mr. Maguire indicated all information on various alternatives were provided to the businesses so they could understand what the costs would be as ANAHEIM CITY COUNCIL MEETING MINUTES NOVEMBER 15, 2005 Page 4 the Depar#ment did not want them to think improvements would appear without their participation. Mr. Maguire pointed out Public Works would pursue other funding which could help supplant the cost of construction but that what was requested of Council was approval of the final master plan, not the funding or assessment district. Council Member Sidhu asked what would happen if business operators did not want to participate in the program and Mr. Maguire indicated this plan would provide standards for future development in the expansion area for the public rights-of-way. The assessment district was separate from this action which would solely set the standards for the public right-of-way in the expansion area. Council Member Sidhu inquired how many signs would be affected in this area; Mr. Maguire indicated if the sign program was adopted as requested by the Commission, ultimately all 29 signs would be affected. Council Member Sidhu recommended that any time remodeling occurred in the future on those affected properties, the owners would be required to meet sign standards, which would relive the pressure of the additional assessment of $2.6 million for signage included in the recommendation. Mr. Maguire indicated that was already the case in the program adopted by Council in 2004. There was now a 15-year amortization period for those signs to be replaced and as projects were developed that affected signs, the signs would require replacing. The recommendation by Planning Commission, he pointed out, was an acceleration of the sign program, therefore, if the sign acceleration condition was removed, the signs would eventually be replaced in 15 years. Mayor Pringle asked if the boundaries of the expansion district had been determined and Mr. Maguire indicated it had been determined by Council action taken in May, 2004 along with the update of the General Plan. After reviewing those boundaries, Mayor Pringle asked to have a discussion on that issue in the future as he did not concur with current boundaries. Mr. Maguire added Planning staff was considering revisiting the Resort area and had heard the Mayor's comments and would also look at the boundaries. The Mayor also inquired why commercial properties on Chapman were included in the assessments as most were small businesses which did not receive the benefit of the parkways or the streetscape on Harbor. Mr. Maguire indicated it was included as it was one parcel under one property owner. Mayor Pringle indicated he had heard some concerns from some of the small business operators in the north area of the Resort beyond Ball Road where there were no landscape improvements provided being placed in the assessment district for maintenance as well as landscape improvements. The Mayor also believed buildings on corners which only received the benefit of improvements on the Harbor Boulevard frontage should be included on a proportional basis in the assessments. Mr. Maguire indicated that if the assessment district was to be implemented, that point could be considered. Mayor Pringle stated the City was now focusing on Harbor Boulevard and he would have a concern assessing properties when they were not directly receiving that benefit. Mr. Maguire indicated this was a preliminary concept and if the assessment district was to be implemented, assessments could be considered on a benefit basis and that properties off to the side could wind up with minimal or no assessment. With regard to the signage, Mayor Pringle felt the City should do this with the least impact. The single story homes on Harbor that had been converted to small businesses such as Collins flower and the pool maintenance shop next to it would be severely impacted. The Mayor indicated he was comfortable with the recommendations relating to parkway and median widths but the discussion of including sewer system and storm drainage improvements in an assessment district and making it an obligation of those businesses gave him concern and he further pointed out this type of action had not been taken elsewhere in the City. He raised another issue with the sign acceleration program stating the businesses would turn over and develop in the future and the signs would ultimately be replaced on their own and an added assessment of $7,000 to $8,000 per acre per year for 30 years would make a big impact on those businesses. Mayor Pringle also stated he would have a difficult time determining that the cost of bus turnouts at ANAHEIM CITY COUNCIL MEETING MINUTES NOVEMBER 15, 2005 Page 5 $3 to $4 million was the responsibility of the business operators. He ended by stating he supported the recommendation for medians and parkways and the assessment district, but would request removing some of the properties with frontage on Chapman from the assessment district and recommending seeking other methods to pay for some of the capital improvements through development and to allow signage to be replaced as the property was remodeled or changed ownership. Council Member Sidhu said he did not feel that some of the businesses in the expansion area could afford to pay almost $50,000 a year in assessments for the next 30 years. He suggested staff research other methods of funding capital improvements than through assessments. Dave Morgan, City Manager, indicated that some of the elements could be included in capital projects during the budget process but he also pointed out sewer and storm drain improvements were designed to increase capacity which allowed property owners to get greater density and greater balance. Mayor Pringle asked if any of the added improvements were necessary because of the additional development north of Orangewood; Mr. Maguire stressed that the project capital improvements related only to the properties south of Orangewood. Mr. Maguire suggested deferring any assessment at this time, and if Council concurred with the basic concept exclusive of the sign acceleration program, i.e., the parkways, median landscape, streetscape and monumentation, the Harbor Boulevard Master Plan would be completed and then incorporated into the revisions to the Resort zone and staff could start looking at ways to implement. Mayor and Council expressed agreement with the recommendations made by the Planning Commission with the exception of expediting the sign replacement program and concurring that some of the capital costs should not be put into the assessment district. ADDITIONSIDELETIONS TO CLOSED SESSION: None PUBLIC COMMENTS ON CLOSED SESSION ITEMS: None Mayer Pringle moved to closed session for the following items: CLOSED SESSION CONFERENCE WITH LABOR NEGOTIATORS Agency designated representative: Joel Fick Employee organization: Anaheim Firefighters Association, Local 2899 2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: 8323 and 8375 East La Palma Avenue Agency negotiator: Elisa Stipkovich Negotiating parties: City of Anaheim and DWWH, Inc. Under negotiation: price and terms At 5:30 P.M., Council reconvened. Invocation: Pastor Tony Birge, Victory Baptist Church Flag Salute: Council Member Lorri Galloway ANAHEIM CITY COUNCIL MEETING MINUTES NOVEMBER 15, 2005 Page 6 Recognitions: Recognizing June Aagesen on her retirement Mayor and Council thanked June Aagesen for her years of service to the City and wished her continued success during retirement. Proclamation for November 20 - 26, 2005 as National Family Week Dennis Irving, Church of Latter Day Saints accepted the National Family Week proclamation recommending Council establish a tradition and recognize an outstanding family during the month of November. Recognizing Ovarian Cancer Orange County Alliance Board Members and Volunteers. Lora Stecher, President of Orange County Alliance for Ovarian Cancer, accepted the certificates honoring board members for their advocacy efforts in bringing awareness of the disease to others. Mayor Pringle called to order the Anaheim Redevelopment Agency and the Anaheim Housing Authority for the purpose of receiving public comments. ADDITIONSIDELETIONS TO ANY OF THE AGENDAS: None PUBLIC COMMENTS (ALL MATTERS EXCEPT PUBLIC HEARINGS): William Fitzgerald, Anaheim HOME, spoke to the issue of allowing hiring preference to veterans. James Robert Reade addressed complaints to the Anaheim Police Department. Alma Ramirez offered comments related to Catholicism. Mayor Pringle recessed the Anaheim City Council and the Anaheim Housing Authority to consider the Anaheim Redevelopment Agency agenda items, reconvening Council session at 6:05 P.M. CITY COUNCIL CONSENT CALENDAR: With the consent of Council, Mayor Pringle continued Item No. 26 to the next meeting. Council Member Sidhu removed Item No.17 from the consent calendar for separate discussion and action. Council Member Chavez moved approval of the balance of the Consent Calendar Items 7 - 29, seconded by Council Member Hernandez 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. 7. Receive and file the Investment Portfolio Report for the month of October 2005 and the B105 minutes of the Housing and Community Development Commission meeting of August 3, 2005. ANAHEIM CITY COUNCIL MEETING MINUTES NOVEMBER ~ 5, 2005 Page 7 8. Review the need for continuing the Proclamation of the Existence of a Local Emergency by D175 the Director of Emergency Services of the City of Anaheim issued on February 9, 2005, and the subsequent orders issued pursuant thereto, concerning land movement and property damage in the vicinity of 357, 365 and 373 Ramsgate Drive in the City of Anaheim, and, by motion, determine that the need for continuing the local emergency exists. 9. Approve and authorize the Finance Director to execute an amendment to the agreement 2760 with CGI-AMS (formerly "American Management Systems, Inc.) for professional services necessary to complete the implementation of the Advantage ERP System, in an amount not to exceed $625,000, and increase fiscal year 2005-06 expenditure appropriations in the Finance Department by $625,000. 10. Accept the low bid of Coast Roof Company, Incorporated, and authorize the Purchasing D180 Agent to issue a purchase order, in the not-to-exceed amount of $596,718.00 (including tax), to repair and resurface the Hall A roof located at the Convention Center, all in accordance with Bid #6664. 11. Accept the bid of Yamada Enterprises, in anot-to-exceed amount of $107,800, for the D180 fabrication and installation of a library shelving system for Haskett Branch Library, all in accordance with Bid #6679. 12. Waive the competitive bid requirement of Council Policy 306 and authorize the Purchasing D180 Agent to issue a purchase order to CDCE, Inc., in the amount of $92,001.28, for the purchase and installation of one hundred seven (107) mobile computer display screens far the City's police vehicles. 13. Accept the low bid from AAA Flag and Banner Manufacturing Company, in anot-to-exceed D180 amount of $94,469, for banner fabrication, removal and installation for a period of one-year with two (2) one-year options to renew; and authorize the Purchasing Agent to exercise the optional renewals, all in accordance with Bid #6668. 14. Approve the Temporary Construction Easement Agreement for property located at 2225 3768 East Lincoln Avenue and authorize the payment of $1,200.00 to SEICHO-NO-IE, Inc. for Lincoln Avenue-State College Boulevard to Sunkist Street widening project (R/W ACQ2004-00215). 15. Approve Lot Line Adjustment No. 0000566 located at southwest corner of West Street and P170 Water Street, west of Illinois Street. 16. Approve the Acquisition Agreement for the purchase of Real Property located at 2221 East 3769 Lincoln Avenue and authorize the acquisition payment of $8,400 to SEICH-NO-IE, Inc. for Lincoln Avenue-State College Boulevard to Sunkist Street widening project (RIUU ACQ2003-00171). 18. Approve the First Amendment to annual services agreements with RJM Design Group, Inc., 2759 Cornerstone Studios, and Nuvis in an amount not to exceed $75,000 annually per 2758 agreement ($150,000 total) for the landscape architectural on-call and support services for 2757 public works improvement projects, effective January 1, 2006 to December 31, 2007. ANAHEIM CITY COUNCIL MEETING MINUTES NOVEMBER 15, 2005 Page 8 19. Approve the First Amendment to annual services agreement with BonTerra Consulting, in 3205 an amount not to exceed $75,000 annually ($150,000 total},for special environmental on- call and support services, effective January 1, 2006 through December 31, 2007. 20. Approve the Parking License Agreement between APW Enclosure Systems, Inc. and the 3771 City of Anaheim, authorizing APW Enclosure Systems use of one hundred fifty (150) parking spaces on the Sportstown site on a month-to-month basis for the purpose of accommodating APW employees. 21. Approve the Professional Services Agreements between the City of Anaheim and BonTerra 3772 Consulting, in the amount of $142,830, to provide environmental services for the GardenWalk (Pointe Anaheim) project. 22. Approve and authorize execution of the agreement between the City of Anaheim and 3773 BonTerra Consulting, in an amount not to exceed $185,119, for BonTerra to provide environmental consulting services for the Parc Anaheim project. 23. RESOLUTION N0.2005 - 218 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF P124 ANAHEIM accepting certain deeds conveying to the City of Anaheim certain real properties or interests therein (City Deed Nos. 10877,10878 and 10879}. 24. RESOLUTION N0. 2005 - 219 RESOLUTION OF THE CITY COUNCIL OF THE CITY D155 OF ANAHEIM (I} authorizing submittal of an application to the State Department of Housing and Community Development for funding under the BEGIN (Building Equity and Growth in Neighborhoods} Program for the affordable housing project located at the southwest corner of Anaheim Boulevard and Santa Ana Street, (II) if selected for such funding, authorizing the execution of a standard agreement, any amendments thereto and any related documents necessary to participate in the BEGIN Program, and (III) if selected for such funding, amending the budget for fiscal year 2005-06 accordingly. 25. RESOLUTION N0. 2005 - 220 RESOLUTION OF THE CITY COUNCIL OF THE CITY D155 OF ANAHEIM (I) authorizing the acceptance of a Workforce Housing Reward Grant from 3774 the State of California Department of Housing and Communi#y Development, {II) authorizing the execution of a Standard Agreement, any amendments thereto and any other documents necessary to secure the grant, and {III) amending the budget for fiscal year 2005-06 accordingly. 27. ORDINANCE N0. 5999 (RE-INTRODUCED, REVISED} AN ORDINANCE OF THE M142 CITY OF ANAHEIM adding Chapter 4.22 to Title 4, adding Section 18.38.260 to Chapter 18.38 and amending Section 18.08.030 and 18.92.220 of Chapters 18.08 and 18.92 respectively, of Title 18 of the Anaheim Municipal Code relating to smoking lounges. (Introduced at the Council meeting of October 25, 2005, Item 27, referred back to City Attorney at the Council meeting of November 8, 2005, Item 22). 28. ORDINANCE N0. 6006 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM C280 amending the zoning map referred to in Title 18 of the Anaheim Municipal Code relating to zoning (Reclassification No. 2004-00114). (Introduced at the Council meeting of November 8, 2005, Item 26). ANAHEIM CITY COUNCIL MEETING MINUTES NOVEMBER 15, 2005 Page 9 29. ORDINANCE N0. 6007 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM C280 amending various Chapters of Title 18 of the Anaheim Municipal Code pertaining to clarification, processes and definitions regarding telecommunication facilities (Zoning Code Amendment No. 2005-00040). (Introduced at the Council meeting of November 8, 2005, Item 27). END OF CONSENT CALENDAR: 17. Award aDesign-Build Services Contract to ABB, Inc., in the amount of $65,968,378, to 3770 construct the Lewis 230kV Extension Project and in the event said bidder fails to comply with the terms of the award, award the contract to the second best qualified and responsible bidder, as well as waive any irregularities in any of the documents of both the best and second best qualified and responsible bidders and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. Authorize the Public Utilities General Manager to execute all documents related to this project. Marcie Edwards, General Manager, remarked the Lewis Substation Extension award was along- anticipated project which would provide a redundant source of electricity for the City. The benefits, she stated, were the reliability improvements to electric service, the upgrading of equipment 25 to 30 years old, and improved aesthetics. The project, she reported, involved building a separate utility station on a piece of property owned by Anaheim Public Utility, taking some circuits that feed into the main substation and routing them instead to the new facility. She also remarked the project would underground a significant amount of circuitry around the station and improve visual aesthetics. Council Member Sidhu stated he had removed the item from the consent calendar to emphasize the $65 million project was along-term infrastructure improvement necessary to upgrade an aging facility. Council Member Sidhu moved to award aDesign-Build Services Contract to ABB, Inc., in the amount of $65,968,378, to construct the Lewis 230kV Extension Project and in the event said bidder fails to comply with the terms of the award, award the contract to the second best qualified and responsible bidder, as well as waive any irregularities in any of the documents of both the best and second best qualified and responsible bidders and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions and authorize the Public Utilities General Manager to execute all documents related to this project. Motion was seconded by Council Member Hernandez. Roll call vote: Ayes - 5; Mayor Pringle, Council Members: Chavez, Galloway, Hernandez and Sidhu. Noes - 0. Motion carried. 26. RESOLUTION N0. 2005 - 221 A RESOLUTION OF THE CITY COUNCIL OF THE D114 CITY OF ANAHEIM establishing the days and times of regular meetings of the City Council. (For calendar year 2006). Mayor Pringle rescinded the earlier motion to continue the item establishing meeting days for the Council for year 2000. Earlier, he remarked, a request had been received to modify the 2006 agenda meetings calendar to reflect June meeting dates of June 13th and June 20t" ;Council indicated they concurred with the changes. Council Member Sidhu moved to approve the Resoltuon. RESOLUTION N0.2005-221 A RESOLUTION OF THE CITY COUNCIL establishing the days and times of regular meetings of Council for Calendar Year 2006, seconded by Council Member ANAHEIM CITY GOUNGIL MEETING MINUTES NOVEMBER 15, 2005 Page 10 Galloway. Roll call vote: Ayes - 5; Mayor Pringle, Council Members: Chavez, Galloway, Hernandez and Sidhu. Noes - 0. Motion carried. In order to take action on the Redevelopment Agency and Housing Authority meeting dates for 2006, Mayor Pringle moved to rescind the earlier action adjourning the Redevelopment Agency and the Housing Authority, and reconvened the Redevelopment Agency and the Anaheim Housing Authority. Mayor Pringle reconvened the Council session to consider the public hearing. PUBLIC HEARINGS: 30. This is a public hearing to consider an ordinance granting a franchise to EarthLink, Inc. to F130 mount, install, operate and maintain certain of its equipment in areas approved by Anaheim on certain streetlight poles, traffic signal poles and utilize Anaheim fiber to connect certain radio antennas to its internet point of presence to create a privately owned and operated City-wide broadband wireless network. ORDINANCE NO. (INTRODUCTION) AN UNCODIFIED ORDINANCE OF THE CITY OF ANAHEIM granting a franchise to Earthlink, Inc., to install, operate and maintain aCity-wide wireless broadband communications network upon certain City-owned facilities located within the public rights-of-way in the City of Anaheim; and stating the terms and conditions upon which said franchise is granted. Tom Wood, Assistant City Manager, reported there had been a presentation two weeks ago by Earthlink discussing the venture proposed by the City of Anaheim to allow Earthlink to mount radio antennas on street light poles and traffic signal poles to provide broadband wireless connectivity to Anaheim within 12 months. He remarked Anaheim was one of the few cities in the nation that pursued this on a citywide basis and staff believed this provided Anaheim citizens another way to access the internet in a totally market driven private process that did not involve public funds. Mayor Pringle indicated this was an advertised public hearing dealing with a franchise agreement between the City and Earthlink. Mayor Pringle indicated he would open the public hearing, but that it was his intent to move to modify the franchise agreement which would mean the process must begin again and that there would be another public hearing scheduled on December 6, 2006, if the franchise agreement was amended. Mayor Pringle opened the public hearing. Alma Ramirez suggested a franchise agreement for similar services should have been offered to Toshiba, a Japanese f rm noted for their service. With no other public input received, Mayor Pringle closed the public hearing. Responding to public comments, he explained the City issued a Request for Proposal {RFP) to every company known within the market place, locally and internationally, that provided wireless broadband connectivity. The City had received responses and through that process had selected Earthlink. Mayor Pringle then recommended to Council that the franchise agreement be modified by the deletion of the five percent franchise fee which had been added to the contract at the very end of the process. He believed it was the intent of Council to provide resources, which in this ease were ANAHEIM CITY COUNCIL MEETING MINUTES NOVEMBER 15, 2005 Page 11 lighting poles and traffic signal poles, to allow a system to be in place where the community would receive a benefit at the lowest possible cost and not be charged a franchise fee to increase the price of that service. Mayor Pringle moved to delete the five percent franchise fee from the franchise agreement. Council member Sidhu questioned whether it was proper to allow an exclusive franchise to Earthlink without a franchise fee included. Mr. Wood indicated it was appropriate since there was a benefit being received by the City in addition to the investment being made by Earthlink. He indicated the City would require no# only a Citywide deployment of services, but would require Earthlink to meet performance criteria and have a certain level of accessibility at different areas within the City. Council Member Sidhu asked what would happen if another provider wished to provide the same service to Anaheim residents; Mr. Wood stated if another firm decided to install wireless broadband equipment on buildings, that would be possible. The exclusivity of this franchise related to the public assets utilized, the street lights and traffic signal poles. He pointed out there would still be hot spots, such as coffee shops and hotels which had wireless connectivity but the uniqueness of this franchise agreement was that it provided service Citywide and contained a set of performance levels across the City. Council Member Sidhu supported the deletion of the franchise fee as he felt the City should not be in the business of making money from this type of service. Mayor Pringle added that the company itself would pay a rental fee for the space taken on the poles and if City fiber optics were used, the company would pay for that as well. He also pointed out another provider had the ability to come into the City and provide like service, but that the traffic signal poles and lighting poles could not be used. Council Member Hernandez concurred in deleting the franchise fee from the agreement stating he would rather let the market deliver the price through competition. He asked if this action necessitated reissuing the RFP; Mr. Morgan indicated it would not as the franchise fee had not been part of the criteria in the RFP. Mayor Pringle indicated if the motion to modify the franchise agreement was approved by Council, there were be a special meeting of the Council immediately following this meeting to declare the City's intent to issue a franchise agreement and to schedule a public hearing on December 6t~. Assistant City Attorney Talley indicated the motion should be to terminate the proceedings without prejudice to allow Council to take action on the special meeting upon completion of the regular Council session. Mayor Pringle withdrew his earlier motion and Council Member Chavez moved to terminate the proceedings without prejudice, seconded by Council Member Sidhu. Roll call vote: Ayes - 5; Mayor Pringle, Council Members: Chavez, Galloway, Hernandez and Sidhu. Noes - 0. Motion carried. Report on Closed Session Actions: None Council Communications: Council Member Hernandez announced he had attended a Sister Cities' event honoring visiting dignitaries from Mito, Japan, Anaheim's Sister City. ANAHEIM CITY COUNCIL MEETING MINUTES NOVEMBER 15, 2005 Page 12 Council Member Galloway and Council Member Sidhu extended best wishes for the Thanksgiving holidays. Council Member Chavez reported on several November events in Anaheim: the Rolling Stones, the Eagles and Paul McCartney in concert at the Pond, stating he was impressed by the City's hardworking professional employees who were able to make these events successful. Mayor Pringle also remarked that November was a busy month for Anaheim and that 70,000 people had attended over 20 shows, exhibits or conferences in the Convention Center. He also noted the Mayor's prayer breakfast in October had 1,100 attendees and pointed out the formal sister city relationship with Mito, Japan was moving into its 30t~ year. Adjournment: At 6:25 P.M., Mayor Pringle adjourned Council session to call to order the Special Meeting of the City Council. Respe tfully submitt d: `~ ~,~%(~ Sheryll Sc roeder, MMC City Clerk