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2006/01/10 ANAHEIM, CALIFORNIA CITY COUNCIL REGULAR MEETING JANUARY 10, 2006 The City Council of the City of Anaheim met on January 10, 2006 to call to order the adjourned regular session of January 10, 2006 at 4:05 P.M. in the Council Chambers of Anaheim City Hall, 200 South Anaheim Boulevard. The meeting was called to order at 3:00 p.m. and adjourned to 4:00 p.m. due to a lack of quorum. PRESENT: Mayor Curt Pringle, Council Members: Richard Chavez, Lorri Galloway, Bob Hernandez and Harry Sidhu STAFF PRESENT: City Manager Dave 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 January 6, 2006 at the City Hall exterior bulletin board. ADDITIONSIDELETIONS TO CLOSED SESSION: None PUBLIC COMMENTS ON CLOSED SESSION ITEMS: None Mayor Pringle moved to closed session for the following items: CLOSED SESSION: 1. CONFERENCE WITH LEGAL COUNSEL - EXISTING ITIGATION (Subdivision (a) of Government Code Section 54956.9) Name of case: City of Anaheim v. Angels Baseball, LP, et aI., Orange County Superior Court Case No. 05CC01902. 2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Government Code Section 54956.9) Name of case: City of Anaheim v. Department of Transportation, OCSC Case No. 03CC13152. 3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Government Code Section 54956.9) Name of case: South Coast Cab Company v. City of Anaheim, USDC Case No. SACV99-416RSWL(Anx). 4. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Government Code Section 54956.9) Name of case: Patel, et al. v. City of Anaheim, OCSC Case No. 04CC08714. 5. CONFERENCE WITH LABOR NEGOTIATORS Agency designated representative: Joel Fick Employee organization: Anaheim Firefighters Association, Local 2899. I ANAHEIM CITY COUNCIL MEETING MINUTES JANUARY 10,2006 Page 2 6. CONFERENCE WITH LABOR NEGOTIATORS Agency designated representative: Dave Hill Employee organization: Anaheim Police Association At 5:05 P.M., Mayor Pringle reconvened the Council meeting, indicating the closed session would continue at the conclusion of the regular Council meeting. Invocation: Pastor Ed Bartel, Sunkist Community Church Flag Salute: Council Member Robert Hernandez Acceptance of Other Recognitions (To be presented at a later date): Recognition of Vince Malta, California Association of Realtors At 5:10 P.M., Mayor Pringle called to order the Anaheim Redevelopment Agency in joint session with the City Council. ADDITIONS/DELETIONS TO ANY OF THE AGENDAS: Staff requested Item 31 be continued until January 31, 2006 and Item 33 be removed. A clarification on Item 6 indicated the date of June 30, 2005 should be corrected to December 30, 2005. PUBLIC COMMENTS (ALL MATTERS EXCEPT PUBLIC HEARINGS): Mayor Pringle introduced Assemblywoman Lynn Daucher who updated Council and the community on the State budget. She reported Governor Schwarzenegger unveiled the budget this week which contained good news; it would pay almost $1 billion of transportation debt which meant about $290 million would go to local governments for local projects and $1.7 billion would be repaid to schools under Prop 98, In addition, under Prop 58, the Governor set aside approximately $1 billion to repay the bonds the State borrowed during the economic crisis and also to establish a reserve, however, she pointed out the structural deficit in the State would remain static. For Orange County, she remarked, the Governor proposed a transportation bond of which $320 million would be slated for the County to fix the 91 freeway and to address some of the needs on the 5 freeway in Los Angeles County. She stated school equalization would be a priority, remarking the school districts in Anaheim were considered low wealth districts which meant fewer dollars per student were given than to any other district in the state and that inequality would be addressed in the budget appropriation of $200 million. She mentioned provisions for children's health care, pilot programs with seniors and the disabled for long-term care and funds for flood control along the Santa Ana River as well as for task forces dealing with gangs and sexual predators. She stated Governor Schwarzenegger was the first governor to project the state's needs for the next 20 years and identified half a trillion dollars of unmet projected needs for the future. He had outlined a road map for the next ten years in targeted areas of transportation, water, prisons, courts and education. Assemblywoman Daucher would be carrying the education bond proposal along with Senator George Runner and she acknowledged Orange County would have much input on the bond. She indicated the Governor was putting this proposal forward only if reforms went along with it and he had asked for a six percent cap on the amount of bonding that the State of California could enter into, which could mean prioritizing bonds voters had previously approved. She stated Wall Street and other financial advisors believed a six percent cap was the prudent thing to do She noted the Governor would also be coupling the bonds with reforms and that he ANAHEIM CITY COUNCIL MEETING MINUTES JANUARY 10, 2006 Page 3 would not follow through on these bonds unless the reforms were hand in hand. Those reforms included public/private partnership, design/build, and water storage with specific goals to reach. She ended by stating the budget would generate debate and the community would be reading about the legislature's discussions and that many of these items would impact Orange County and Anaheim specifically. Mayor Pringle voiced a concern of his related to the 2006 ballot. He stated the Measure M reauthorization would be placed on the November 2006 ballot and he believed putting the state transportation bond of $6 billion on that ballot as well could make the selling of those competing bond measures to the public difficult. He indicated Measure M required a 2/3 vote of the public in Orange County and if it passed, would mean $12 billion in road improvements for the County over the next 30 years and $4 billion in local dollars to Orange County cities, a much greater local impact. Mayor Pringle was also aware the governor had proposed 15 roadways in the state to have design/build authority, where development, engineering and construction of road projects were expedited, a program that had been argued against by many within the professional engineers in government. He was also aware that Mayor Villaraigosa was pushing for a design/build project on the 405 in West Los Angeles. Mayor Pringle stated he was asked specifically what design/build project could Orange County have that would be of value and it was his recommendation to the Governor's office for the 91 Freeway from the Los Angeles County Line all the way to Highway 15 in Riverside and he asked Assemblywoman Daucher to share on Anaheim's behalf an interest in making sure the 91 Freeway with its transportation crisis was not overlooked if design/build authority was given. Ms. Daucher stated she would take those requests back to Sacramento and indicated from the discussions she had heard, design/build was a necessary component for the bonds to pass. Bill MacAloney representing the California Grocers Association thanked the City for recognizing the burden of shopping cart theft and abandonment on neighbors as well as the grocery industry. He indicated the California Grocers Association was supportive of Item 38 stating the ordinance was fair and adequate in dealing with shopping cart theft by allowing various cart control methods with each store being able to use the method best suited to them. Mayor Pringle commented the City had worked with the industry and community groups to come up with a plan that would work to either deter cart theft or utilize quick retrieval of stolen carts. James Robert Reade related Police Department concerns. Alma Ramirez addressed comments on racial discrimination. William Fitzgerald, spokesperson for Anaheim HOME, spoke of fireworks pollution and its impact. Dr. John Baird stated he had completed a four-year term as the City's representative on the Orange County Vector Control Board. He referenced a vote he had made as a Vector Board member to approve enhanced retirement benefits for Vector Control employees and asked for an apology from Mayor Pringle for criticism of his action as a board member, remarking it was the same retirement program Mayor Pringle had approved for Anaheim employees. Mayor Pringle responded there was a difference between the retirement enhancements voted on at the OCVCB versus those of the City of Anaheim and the difference was a trade-off with a two-year salary reduction which saved the taxpayers of Anaheim money over the long haul, not just over one or two years He added as he had discussed with Dr Baird, he was not specifically opposed to the ANAHEIM CITY COUNCIL MEETING MINUTES JANUARY 10, 2006 Page 4 benefit enhances but was opposed to their being funded by a two year moratorium on increases in salary, which meant after two years, the retirement costs would continue but the savings would not be realized. At 5:35 P.M., Mayor Pringle recessed the Council session to consider the Redevelopment Agency agenda and reconvened the meeting at 6:05 P.M. CONSENT CALENDAR: Mayor Pringle recapped there had been a modification to Item NO.6 with the June 30, 2005 date corrected to read December 30, 2005 and that Item No 31 had been continued and Item No. 33 withdrawn. Council Member Chavez removed Item No. 22 from the Consent Calendar for further discussion; Council Member Sidhu removed Item No's. 6, 26 and 30. Mayor Pringle remarked he would abstain on Item No's. 13 and 23 and removed Item No's. 17,29 and 38 for discussion. Council Member Hernandez moved to approve the balance of the consent calendar Items 5 - 40, (excluding Item No's 6, 17,22,26,29,30,31,33 and 38), seconded by Council Member Galloway 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: Chavez, Galloway Hernandez, and Sidhu. Noes - O. Motion carried. Recorded abstention by Mayor Pringle on Items 13, 22 and 23. 5. Receive and file the minutes of the Library Board meeting of November 14, 2005; Housing B105 and Community Development Commission meetings of November 2,2005 and November 17, 2005 and Public Utilities Board meeting of September 1, 2005. 7. Approve the appointment of Matt Ouimet, and Kristin Nolt as an alternate with voting power, B105 on the City's Sesquicentennial Commission in the absence of Commission Member Matt Ouimet. 8. Award the contract to the lowest responsible bidder, Allison & Partners, in the amount of 3891 $180,000 in order to create and implement a County-wide community outreach campaign and authorize the Finance Director to execute said agreement. 9. Review the need for continuing the local emergency heretofore proclaimed by the Director D175 of Emergency Services as ratified by City Council Resolution No. 2005-17, 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. 10. Accept the low bid ofWeck Laboratories, Inc., in the not-to-exceed amount of $50,000.00 D180 (including tax), for the purchase of water quality testing services for Public Utilities for a period of one-year, with two, one-year optional renewals, and authorize the Purchasing Agent to exercise the renewal options, all in accordance with Bid #6694. 11. Accept the low bid of Taihan Electric, c/o Matzinger Keegan, in the not-to-exceed D180 amount of $1,962,127.50 (including tax) for 69kV cable for the Public Utilities Department, all in accordance with Bid # 6702. I ANAHEIM CITY COUNCIL MEETING MINUTES JANUARY 10, 2006 Page 5 12. Accept the low bid of Tank Specialists of California, in the not-to-exceed amount of D180 $122,639 (including tax) and authorize the Purchasing Agent to issue a purchase order to remove two existing underground diesel tanks located at the Convention Center Exhibit Halls D and E and install one new above-ground diesel fuel tank, all in accordance with Bid #6684. 13. Accept the low bid of Pioneer Americas, LLC, in the not to exceed amount of $203,373, for D180 the purchase of sodium hypochlorite for Public Utilities for a period of one-year, with four, one-year optional renewals, and authorize the Purchasing Agent to exercise the renewal options, all in accordance with Bid #6683. Mayor Pringle abstained; Vote: Ayes - 4. 14. Approve and authorize the Executive Director of the Community Development Department 3886 to execute a Cooperation Agreement between the City of Anaheim and the Anaheim 3887 Redevelopment Agency for the purpose of acquiring property for the Cherry Orchard 3888 Affordable Housing project at 2748 West Lincoln Avenue (Lincoln Inn). (See Agency Item #2) 15. Appoint to the Workforce Investment Board, representing business and certain public sector B 105 organizations: Mr. Mark Patrick, to a 4-year term ending 12/20/09; Ms. Lorel Roehl to an unexpired term ending 4/11/09; and Ms. Helyn Seale to an unexpired term ending 5/24/09. 16. Approve Amendment No. 12 to an agreement with Taormina Industries Incorporated to haul 1483 tree waste for recycling purposes. 18. Approve and authorize execution of Amendment Number 1 to the Cooperative Projects 3417 Program Contract No. CP-0401, between the City and the Orange County Sanitation District (OCSD) for implementation of a sewer flow-monitoring project for the East Anaheim Sewer Area. 19. Approve the Temporary Construction Easement Agreement for property located at 2203 3891 East Lincoln Avenue and authorize the payment of $2,000 to Ferrell A. Weber and Karen R. Weber for the Lincoln Avenue - State College Boulevard to Sunkist Street Widening Project. (R/W ACQ2003-00213) 20. Approve the Agreement for Acquisition of Mobile Home and Improvements with Victoriano 3892 and Maria Medina, in the amount of $42,000, for one mobile home located at 1949 South Manchester Avenue Space No.3, for the Gene Autry Way (West)/I-5 Freeway Highway project. 21. Approve the Agreement for Acquisition of Mobile Home and Improvements with Carlos and 3893 Cristina Mora, in the amount of $68,000, for one mobile home located at 1949 South Manchester Avenue Space No.6, for the Gene Autry Way (West)/I-5 Freeway Highway project. 23. Approve the Agreement for Acquisition of Mobile Home and Improvement with Humberto 3894 Gutierrez and Lucia Garcia, in the amount of $28,800, for one mobile home located at 1844 South Haster Avenue, Space No. 145, for the Gene Autry Way (West)/1-5 Freeway Highway Project. ANAHEIM CITY COUNCIL MEETING MINUTES JANUARY 10, 2006 Page 6 Mayor Pringle abstained. Vote: 4-0. 24. Award the contract to the lowest responsible bidder, GTA Construction, Inc., in the amount 3896 of $535,000, for the Pearson Park Restroom Improvement project and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. 25. Approve the Acquisition Agreement for the purchase of real property located at 2318 East 3897 Paradise Road and authorize the acquisition payment of $10,000 to Fernando Juarez and Elia Juarez for the Lincoln Avenue - State College Boulevard to Sunkist Street Widening project. (RIW ACQ2003-00174) 27. Approve the Temporary Construction Easement Agreement for the property located at 2427 3899 East Lincoln Avenue and authorize the payment of $1,700 to Leilani Alejandro for the Lincoln Avenue - State College Boulevard to Sunkist Street Widening project. (R/W ACQ2003-00180) 28. Approve and authorize execution of Amendment Number 1 to the Agreement with CWA 3448 AlA, Inc. for consultant services to provide three exterior elevation treatments and corresponding budget estimates for the Central Library Rehabilitation project. 31. Approve agreements with Harrington Geotechnical Engineering, Inc. and Kleinfelder, Inc. to 1682 provide soils testing, materials testing and certified deputy building inspection services for 2755 capital improvement projects. Removed from the agenda by staff, to be continued to January 31, 2006. 32. Approve and authorize the Public Utilities General Manager to execute the Assignment and 3901 Assumption Agreement with the Keith Companies, Inc. to Stantec Consulting, Inc. for professional civil engineering services to the Public Utilities Department. 33. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM rejecting and denying one or more FCC Forms 394 relating to the transfer of the cable television franchise, and/or control thereof, to an entity controlled by the Time Warner Cable or Comcast Corporation. Item No. 33 withdrawn from agenda. 34. RESOLUTION NO. 2006-001 A RESOLUTION OF THE CITY COUNCIL OF THE P124 CITY OF ANAHEIM accepting certain deeds conveying to the City of Anaheim certain real properties or interests therein. (City Deed Nos. 10890 and 10891). 35. RESOLUTION NO. 2006-002 A RESOLUTION OF THE CITY COUNCIL OF THE P110 CITY OF ANAHEIM declaring its intention to vacate certain public streets, highways and easements (Abandonment No. ABA2005-00112). Public hearing scheduled for January 31, 2006. 36. RESOLUTION NO. 2006-003 A RESOLUTION OF THE CITY COUNCIL OF THE P124 CITY OF ANAHEIM accepting certain deeds conveying to the City of Anaheim certain real ANAHEIM CITY COUNCIL MEETING MINUTES JANUARY 10, 2006 Page 7 properties or interests therein. (City Deed NO.1 0892). 37. RESOLUTION NO. 2006-004 A RESOLUTION OF THE CITY COUNCIL OF THE D175 CITY OF ANAHEIM adopting the Combined East Anaheim Area Master Plan of Sanitary Sewers December 2005. 39. ORDINANCE NO. 6014 (INTRODUCTION) AN ORDINANCE OF THE CITY OF C280 ANAHEIM amending portions of Section 18.20.020 of Chapter 18.20 of Title 18 of the Anaheim Municipal Code relating to zoning and development standards (Zoning Code Amendment No. 2005-00042), Nunc Pro Tunc 40. Approve minutes of the regular meeting of December 20,2005. END OF CONSENT CALENDAR 6. Approve a retention incentive of one-time lump sum Retiree Health Savings employer D154 contribution of $4,500 for lateral police officers and an additional one-time lump sum Retiree Health Savings employer contribution of $2,000 for police officer trainees hired during September 1, 2004 through December 30, 2005 June 30, 2005; and approve a signing bonus of $7,500 for lateral police officers hired from December 31,2005 to January 10, 2008. City Manager Dave Morgan reported on the details contained in Item NO.6 and indicated there had been a miscommunication on hiring and advertising that took place which was not clear in the recruiting material and he recommended this corrective action be taken. Council Member Sidhu commended Mr. Morgan on recognizing and correcting the problem as well as for the incentives to give Anaheim an edge in attracting more qualified police officers. Council Member Hernandez moved to approve item No.6, seconded by Council Member Sidhu. Roll call vote: Ayes - 5; Mayor Pringle, Council Members: Chavez, Galloway, Hernandez and Sidhu. Noes - O. Motion carried. 17. Approve an agreement with the State of California Department of Parks and Recreation 3890 (State Parks) to receive grant funding, in the amount of $350,000, for the Energy Field Project at 1625 Ninth Street and authorize the Public Utilities General Manager to execute the agreement and related documents and take such actions as are necessary to implement the agreement and increase appropriations in the Public Utilities Department by $350,000. Marcie Edwards, Utilities General Manager, reported this was a joint effort between Public Utilities and the Community Services Departments to create a park as well as a demonstration site for solar technologies, artificial turf examples and other tutorials related to energy savings. Due to increases in developmental costs, her department actively researched grant opportunities and had requested Council's approval to pursue a grant through the State Park in March of 2005. That $350,000 grant for defraying construction costs of the park had now been awarded and Ms. Edwards requested Council accept the State Park grant funds. Terry Lowe, Community Services Director, added that it was an opportunity to provide open space particularly in a community which would make good use of it. He commented that in addition to the nearby Hermosa Village, there ANAHEIM CITY COUNCIL MEETING MINUTES JANUARY 10, 2006 Page 8 were other homeowners that would no longer have to cross a major street to access a park. Mayor Pringle asked how the artificial turf would be used and Ms. Edwards responded it was a demonstration component around the seating area of the park but was not used for the field due to the expense. Mayor Pringle suggested Ms. Edwards, as the City's new representative on the Metropolitan Water Board, lobby that organization for artificial turf for the entire park. Council Member Hernandez moved to approve Item No. 17, seconded by Council Member Galloway. Roll call vote: Ayes - 5; Mayor Pringle, Council Members: Chavez, Galloway, Hernandez and Sidhu. Noes - O. Motion carried. 22. Approve the Agreement for Acquisition of Mobile Home and Improvements with Mario 3895 Ramirez, in the amount of $9,500, for one mobile home located at 1835 South Manchester Avenue, Space No. 14, for the Gene Autry Way (West)/I-5 Freeway Highway Project. Council Member Chavez pointed out the inequality of the purchase price of this mobile home versus others in that area. Natalie Meeks, Public Works Department, indicated all the acquisition prices were based on an appraisal of each of the mobile homes which were in varying stages of age and condition commenting the value between the mobile homes ranged quite a bit. She stated an analysis for a one bedroom mobile home was about $60,000 on the market, and the mobile home owners were also given a relocation benefit, which was the difference between their mobile home purchase price and $60,000, in order for the owner to purchase another mobile home elsewhere. Council Member Chavez thanked Ms. Meeks for that information and moved to approve Item No. 22, seconded by Council Member Sidhu. Roll call vote; Ayes - 4; Council Members: Chavez, Galloway, Hernandez and Sidhu. Noes - O. Abstain - 1; Major Pringle. Motion Carried. 26. Award the contract to the lowest responsible bidder, Shawnan, in the amount of 3898 $2,219,894, for the Convention Way Improvement Median and Parkway from Harbor Boulevard to 1,275 feet west of Harbor Boulevard and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. Council Member Sidhu pulled this item from the consent calendar to inquire why only one bid had been received for such a large project. Gary Johnson, Public Works Director/City Engineer explained the project was a complex, high risk project due to the requirements placed on the contractor of blackout days during which the contractor was required to cease work when major conventions or other business events was scheduled. He stated the project was bid in April 2005 and attracted two bidders, one who had significant errors and the low bidder whose bid was much higher than the estimate and at that time, the department asked Council to reject the bids. Public Works staff then went back to the hoteliers and convention center and found another window of time where their business was not quite as robust as it was in the fall and worked out a schedule that would be satisfactory to them, made a number of changes in plans that would make it more contractor-friendly yet not too disruptive to the hoteliers and rebid the project using all the normal and customary construction trade papers and only received one bid This bid, he noted, was close to the estimate of $1.9 million pointing out the bulk of the project would be paid through the Anaheim Resort Maintenance District with the remaining 23 percent coming from bed tax money remaining from the Resort District infrastructure program. Mr. Johnson did not feel rebidding the project would make a difference in the outcome. ANAHEIM CITY COUNCIL MEETING MINUTES JANUARY 10, 2006 Page 9 Council Member Hernandez felt the single bid was not unreasonable and as the City was under time constraints, putting the bid off until contractors were available was not an option and supported the award. Council Member Sidhu moved to approve, second by Council Member Hernandez. Roll call vote: Ayes - 5; Mayor Pringle, Council Members: Chavez, Galloway, Hernandez and Sidhu. Noes - O. Motion carried. 29. Approve and authorize execution of a Memorandum of Understanding with the Orange 3899 County Transportation Authority to cooperate in acquisition of and planning for the County of Orange Katella Yard for transit purposes. Mayor Pringle spoke of the cooperative efforts gained from working with Orange County Transportation Authority (OCTA) and spoke of the Anaheim Regional Transportation Intermodal Center (ARTIC) which would be the largest transportation center in the County to be located across from the Pond facility as a result of those cooperative efforts. The Memorandum of Understanding with OCT A would move forward with the purchase of the site with development to follow. Mayor Pringle commented the City was fortunate to have access to dollars set aside for categories known as access to regional rail and opportunities for development along the Metro Link system for enhancement of existing stations and development of new stations. He spoke of the possibility of having train service to Angel Stadium by next year. Mayor Pringle moved approval of the MOU with OCTA; Council Member Chavez seconded the motion. Roll call vote: Ayes - 5; Mayor Pringle, Council Members: Chavez, Galloway, Hernandez and Sidhu. Noes - O. Motion carried. 30. Approve and authorize execution of the first amendment to the agreement with Carollo 3535 Engineers, in an amount not to exceed $207,759, for the Central Anaheim Area Sewer Condition Assessment. Council Member Sidhu inquired if the City would receive 50 percent of the additional cost from Orange County Sanitation Districts (OCSD) and Mr. Johnson replied the City would capture 50 percent of the funding back from OCSD as they were under the $2.4 million cap for the project. Council Member Sidhu moved to approve Item 30, seconded by Council Member Hernandez. Roll call vote: Ayes - 5; Mayor Pringle, Council Members: Chavez, Galloway, Hernandez and Sidhu. Noes - O. Motion carried. 38. ORDINANCE NO. 6013 (INTRODUCTION) AN ORDINANCE OF THE CITY OF M142 ANAHEIM adding Chapter 7.52 to Title 7 of the Anaheim Municipal Code relating to shopping cart containment and retrieval. Sheri Vander Dussen, Planning Director, reported there were about 35,000 abandoned shopping carts collected in the City of Anaheim during the last fiscal year adding the City presently paid a contractor about $4,000 a month to pick up a lot of the shopping carts even though some of the stores do have their own services to retrieve carts. She indicated staff worked with a number of the businesses within the community that use shopping carts as well as the California Grocers Association to try to come up with a program that would place more responsibility for the stores themselves to either contain the carts on their premises or to retrieve the carts taken off site by ANAHEIM CITY COUNCIL MEETING MINUTES JANUARY 10,2006 Page 10 customers. She felt the ordinance proposed was fair as it gave each store the opportunity to choose what type of plan worked best for them and they would have 120 days to submit that plan to the City for approval. She pointed out there were some repercussions to the extent that if the plans did not work, the stores had the opportunity to submit revised plans noting there was a method to make sure plans were effective in keeping abandoned shopping carts off the street but explained there were no proposed changes to penalize shoppers for taking carts off site. Mayor Pringle pointed out stores still had the ability to press charges when carts were taken, if they wished. Mayor Pringle believed the City should use every method to keep carts off the street recognizing that additional measures may be needed in the future. Mayor Pringle introduced Ordinance No. 6013, indicating it would be adopted at the next Council meeting. 41. Consider two appointments to the Senior Citizen Commission, one term to expire B105 June 30, 2006 (Josephine Winder) and one term to expire June 30, 2008 (Joan Helms). Council Member Galloway nominated Rene Alonzo and with no other nominees offered and no objection by Council, Mr. Alonzo was appointed. The second appointment was continued to the next City Council meeting. 5:30 P.M. PUBLIC HEARINGS: 42. A public hearing to consider the abandonment of an electrical utility easement located at P110 145 South Vista Grande (ABA No. 2005-00116) Council member Sidhu stated he would abstain from voting on this item and left the Council Chambers. Natalie Meeks, Public Works Department, stated the easement did have electrical facilities in it which had been removed and was no longer required for electrical services and was recommended for abandonment. Mayor Pringle opened the public hearing and receiving no input, closed the hearing. In a separate issue, Mayor Pringle asked if the City retained easements that were no longer necessary. Ms. Meeks stated most of the recent easements were in the street right-of-ways. The older easements, as the easement in Item 42, dated back to when Edison first put in electrical facilities. The City of Anaheim then took over those easements when properties were annexed and took it into the Anaheim electrical system remarking this situation was similar to hundreds of others in the City. Mayor Pringle mentioned the restrictions placed on properties which contained easements and recommended a proactive program to eliminate the easements no longer needed and asked if there was a way to consider such a plan over the next three to nine month period; Mr. Morgan concurred. Council Member Galloway moved to approve RESOLUTION NO. 2006-005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM declaring its intention to vacate certain public streets, highways and easements. (Abandonment No. ABA2005-00116). Seconded by Council Member Hernandez. Roll call vote: Ayes - 4; Mayor Pringle, Council Members: Chavez, Galloway, and Hernandez. Noes - O. Abstention - Council Member Sidhu. Motion carried. ANAHEIM CITY COUNCIL MEETING MINUTES JANUARY 10, 2006 Page 11 Council Communications: Council Member Hernandez reported on the deaths of Edward Gibson, Leo Ravin, Enid Moses, Bernard Allen, Lester Mainwaring, Leroy Shirey, Walter DeBrun, Henry Foster, all former Anaheim employees. Council member Sidhu wished all a happy new year. Mayor Pringle announced this was the second day in court relating to the Anaheim Angels lawsuit, remarking the proceedings could take another 5 to 6 weeks and expressed confidence in the legal team defending the taxpayers' dollars and rights. Mayor Pringle commented on the Orange County Vector Control Board and the appointment of Council Member Sidhu to the board upon the expiration of the previous representative's term. He indicated Dr. Baird was a private citizen with expertise in that area that had been appointed to the board to represent Anaheim and had done a fine job, but that Council had chosen to appoint a Council Member to that position as nearly every other Orange County city had done so in order to have accountability. He further stated he believed the services provided by the Vector Control Board should be provided by Orange County Board of Supervisors and would support legislation to have it eliminated. Mayor Pringle regretted that Dr. Baird left feeling the City did not appreciate his service and reiterated that Dr. Baird had been a focused representative for the City and had done a good job. Report on Closed Session Actions: Mr. White reported in the matter OCSC Case No. 03CC 13152, in which the Council unanimously approved filing of a petition with the California State Supreme Court (undergrounding of utilities with the 1-5 freeway widening). Adjournment: At 7:00 P.M., Mayor Pringle recessed the December 20,2005 meeting to reconvene the closed session. At 8:45 P.M., the Council reconvened to open session and Mayor Pringle adjourned the regular meeting at 8:45 P.M. Respectfully submitted, h~ Sheryll Schroeder, MMC City Clerk