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2008/01/08ANAHEIM CITY COUNCIL REGULAR ADJOURNED MEETING OF JANUARY 8, 2008 The regular meeting of January 8, 2008 was called to order at 3:00 P.M. and adjourned to 4:30 P.M. for lack of a quorum. Mayor Pringle called to order the January 8`h regular adjourned meeting at 4:31 P.M. in the Chambers of Anaheim City Hall located at 200 South Anaheim Boulevard A copy of the agenda for the Anaheim City Council meeting was posted on January 4, 2008 on the kiosk outside City Hall. PRESENT: Mayor Curt Pringle and Council Members: Lorri Galloway, Bob Hernandez, Lucille Kring and Harry Sidhu. STAFF PRESENT: City Manager Dave Morgan, City Attorney Jack White, and City Clerk Linda Andal. ADDITIONS/DELETIONS TO CLOSED SESSION: None PUBLIC COMMENTS ON CLOSED SESSION ITEMS: None At 4:31 P.M., Mayor Pringle recessed to closed session for the following items: CLOSED SESSION: CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION (Subdivision (a) of Section 54956.9 of the Government Code) Name of case: Walt Disney World Co. v. City of Anaheim, et al., Orange County Superior Court Case Nos. 070001210 and 070001293. 2. CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION (Subdivision (a) of Section 54956.9 of the Government Code) Name of case: City of Yorba Linda v. City of Anaheim, Orange County Superior Court Case No. 070008763 3. CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION (Initiation of litigation pursuant to subdivision (c) of Section 54956.9 of the Government Code) Number of potential cases: one At 5:10 P.M., City Council returned to open session: Invocation: Pastor Dick Sumner, Knott Avenue Christian Church Flag Salute: Council Member Kring Presentations: Recognizing Brookfield Homes on receiving the Green Point Certification for Colony Park January 8, 2008 Page 2 Mariann Long, Anaheim Public Utilities Assistant General Manager explained Anaheim's Green Building Program was created to promote sustainable buildings in the City and that Brookfield Homes was the first residential building to receive this certification. Mr. John O'Brien, Vice President of Brookfield Homes, accepted the certification, pointing out that Brookfield Homes had scored in five separate categories: community, energy conservation, indoor air quality, resource management and water conservation, and that Colony Park was the first development in Southern California to receive such recognition. Recognizing Leonor Conant on receiving the National Child Care Provider Award Mayor Pringle pointed out Leonor Conant Child Preschool Care had been selected by two public television stations to be honored for innovative and creative work for preschool children and was one of 18 participants across the country to receive this award. Ms. Conant expressed her appreciation in receiving this honor. ADDITIONS/DELETIONS TO THE AGENDA: None PUBLIC COMMENTS (all items except public hearings): Sean Burke, Fox Glen Drive, addressed his comments to the Ramsgate landslide and the subsequent actions and impacts on residents of Fox Glen and Hidden Grove, and requested the City's assistance in this on-going emergency. Mayor Pringle clarified that Item No. 2 on the agenda was to continue the local emergency caused by a landslide on private property and was an action that had been taken by Council every 21 days since the event occurred approximately three years ago. He explained the City's actions since the landslide had occurred adding that he did not agree with much of Mr. Burke's characterization of those actions. Jack White, City Attorney, added the City made an effort in the court process to attempt to have the court deal with the issue of the repair of the slope with the judge informing the City that not enough funds between the property owner and insurance companies was available to make this happen. John of Hidden Grove Lane, pointed out residents impacted by the landslide had attended this Council meeting concerned over a sentence included in the staff report for Item No. 2 regarding "public versus private property". He informed Council the hill was still moving after the recent rains and an emergency still existed in that area. Mayor Pringle requested the City Attorney to address the resident's concerns over wording in the staff report. Mr. White responded staff reports could change over time as the litigation process worked its way through the court or other actions occurred which impacted the landslide area. He indicated the statement in the staff report reflected that if the slope was to be repaired, it would basically be done through the use of private funds. An individual addressed her comments about a Sunkist elementary school teacher who had been transferred during the middle of the school year and the resulting impact it had on students' education and well-being. She requested Council's help in returning the 15- yearveteran teacher to Sunkist Elementary School. January 8, 2008 Page 3 Louis Reyes, Sunkist Elementary School parent, remarked he had discussed the transfer of a teacher with the Sunkist principal, had tried to reach the superintendent and had attended a school board meeting along with other parents to try to reverse this decision and was frustrated at the result which was why he was requesting the City's support. Another individual requested Council's help related to the transfer of a Sunkist elementary school teacher. Dave Reyes, Sunkist elementary student, asked Council for help in returning his teacher to Sunkist Elementary. Carol Rice, Fox Glen Drive, remarked her neighborhood was in a state of emergency and would continue to be so until the slide was repaired, asking for Council's assistance in finding a resolution as an Anaheim taxpayer. Daniel Ramirez, Sunkist elementary student, spoke of the loss of his elementary teacher. Herve Ameriano stated that parents were upset over the loss of a school teacher at Sunkist Elementary, they followed protocol and contacted the principal, superintendent and school board members, but had received no response which was why they were seeking Council's support. Anna Rodriguez, 8th grade student, spoke on behalf of her younger sister and the effect of losing a beloved teacher in the middle of a school year had on her. Bern Reyes, student, felt it was unfair of the school district to transfer a teacher in the middle of the school year, emphasizing those students wanted their teacher to return. Alda Reyes, parent, recognized Anaheim City Council had no jurisdiction over school administration but was frustrated at attempts to deal with school district administration and felt the City could lend some assistance. Martin Latham, Fox Glen Drive, explained that the sentence in Item No. 2 staff report which had caused concern to landslide victims read, "because the property involved is under private ownership and the City is not legally responsible for the damage which has occurred due to the land movement, private parties will have responsibility for any permanent repairs and maintenance." He indicated those neighbors wanted this concern to be on public record as a matter that needs addressing. Mayor Pringle reiterated the City must publicly declare continuation of a local emergency by State law which was why action had been taken every month since the landslide occurred in 2005. He added, should circumstances change in the future where the City would choose not to continue the local emergency, he would request the City Attorney specifically state that this action would terminate the local emergency in the staff report. In addition to that, Council Member Hernandez recommended the item be moved off the consent calendar to allow for public notice and/or public comments if the City chose to terminate the local emergency. January 8, 2008 Page 4 Sandy Day, Performing Arts Foundation task force member, thanked staff for their encouragement and helpful assistance as the task force members explored the possibility of a future performing arts center in the City. She indicated, with the approval of Item No. 19 on the agenda, the foundation would begin fund raising for the future performing arts center and create a business plan modeled after the Muzeo foundation. James Vanderbilt, president of Anaheim City School District Board, indicated he had heard earlier comments related to the Sunkist Elementary School and would continue to be present if interested persons wished to reiterate some of their points to him. His purpose in attending the Council meeting was to express appreciation to the Anaheim Police Department for their efforts in contacting vending trucks selling plastic pellet guns to children and requesting those purchases not be made without parental consent. Since this effort, he remarked, there were no pellet gun incidents, which had concerned school staff and board members in Anaheim City schools for the last 14 months. Mayor Pringle thanked Mr. Vanderbilt for his comments and for offering to stay and discuss issues with Sunkist elementary school parents. Mayor Pringle pointed out the school districts, of which there were seven in the City of Anaheim, were a completely separate government entity and the City of Anaheim had no jurisdiction or oversight for any issue related to schools but that he hoped resolution could be found. Larry Rosenberg, Performing Arts Center Foundation task force/Anaheim Ballet, thanked Council for their interest in establishing a performing arts center in the City, commenting he looked forward to having a home theatre for the Anaheim Ballet. Dorothy Rose, Performing Arts Center foundation board, also expressed gratitude for the support received from Council for the Orange County Symphony and looked forward to bringing the arts to Anaheim. CONSENT CALENDAR: Mayor Pringle removed Item No's. 4, 5, 7 and 19 from the consent calendar for further discussion and Council Member Hernandez pulled Item No's. 16, 17 and 18. Council Member Hernandez moved to waive reading in full of all ordinances and resolutions and to adopt the balance of the consent calendar in accordance with the reports, certifications and recommendations furnished each council member and as listed on the Consent Calendar, seconded by Council Member Galloway. Ayes - 5; Mayor Pringle, Council Members: Galloway, Hernandez, Kring and Sidhu. Noes - 0. Motion Carried. 1. Receive and file the Public Utilities Board meeting minutes of November 1, 2007; B1o5 Library Board meeting minutes of November 5, 2007; and Southern California Gas Company notice of proposed rate increase (Application No. A.07-12-006). 2. Review the need for continuing the local emergency heretofore proclaimed by the D175 Director of Emergency Services as ratified by previous action of the City Council concerning land movement and property damage in the vicinity of 357, 365 and 373 Ramsgate Drive and the Hidden Grove Lane/Fox Glen Drive area in the City of Anaheim, and, by motion, determine that the need for continuing the local emergency exists. 3. Approve submission of a grant application to the Mobile Source Air Pollution D175 Reduction Review Committee for $550,000 to request matching funds for the January 8, 2008 Page 5 purchase of alternative fuel buses to be used in the Go Local and Anaheim Resort Transit Services. 6. Approve the Second Amendment to annual services agreements with RJM 2759.2 Design Group, Inc., Cornerstone Studios, and Nuvis, in snot-to-exceed amount 2758.2 of $75,000 annually per agreement, for landscape and architectural on-call and 2757.2 support services for Public Works improvement projects 8. Authorize the issuance of a change order to the Master Agreement with O.C. also Tanner Recognition Company, to increase the not-to-exceed amount to $115,000, for the purchase of employee service recognition awards for the one- year period ending March 31, 2008, and authorize the Purchasing Agent to exercise the remaining two year renewal options at annual values not-to-exceed $125,000. 9. Authorize the Purchasing Agent to increase the not-to-exceed amount of the D180 current agreement with A. Y. Nursery, Incorporated, by $70,083 thereby bringing the not-to-exceed amount to $170,000, for various nursery trees for the Community Services Department Urban Forestry Division and TreePower Program. 10. Accept the low bid of Crown Technical Systems, in snot-to-exceed amount of 5038 $203,975, to upgrade the Sharp Substation protection panels for the Public Utilities Department in accordance with Bid #7026. 11. Award the contract to the lowest responsible bidder, Mobassaly Engineering, 5039 Inc., in the amount of $932,098.20, for the La Palma Avenue street improvements from Anaheim Boulevard to East Street and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. 12. Award the contract to the lowest responsible bidder, Hardy and Harper, Inc., in 5040 the amount of $385,000, for the Sunkist Street improvements from 250 feet north of Ames to Tryon Avenue and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. 13. Award the contract to the lowest responsible bidder, Romero General 5041 Construction Corp., in the amount of $476,844.74, for renovation of Edison and Modjeska Park restrooms and approve and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. 14. Award the contract to the lowest responsible bidder, Elite Bobcat Service, Inc., in 5042 the amount of $512,000, for the La Palma Avenue and Lemon Street intersection beautification and traffic calming and approve and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. 15. Determine that a waiver of building permit fees serve a public purpose and waive D159 the necessary fees requested by Joy Craft regarding property located at 985 South Siet Place 20. ORDINANCE NO. 6093 (INTRODUCTION) AN ORDINANCE OF THE C420 CITY COUNCIL OF THE CITY OF ANAHEIM amending Chapter 18.114 of the January 8, 2008 Page 6 Anaheim Municipal Code and amending Ordinance No. 5378, as previously amended, accordingly (Adjustment No. 7). 21. RESOLUTION NO. 2008-001 A RESOLUTION OF THE CITY COUNCIL Di28 OF THE CITY OF ANAHEIM establishing mileage reimbursements. 22. ORDINANCE NO. 6090 (ADOPTION) AN ORDINANCE OF THE CITY so25 COUNCIL OF THE CITY OF ANAHEIM (i) approving Development Agreement No. 2007-00002 by and between the City of Anaheim and Ronald W. Marshall and Deborah L. Marshall Trust, the Marshall Family Trust, and See Development Limited Partnership (ii) making certain findings related thereto, and (iii) authorizing the Mayor to execute said agreement for and on behalf of the City. (Introduced at the Council meeting of December 18, 2007, Item #37). 23. ORDINANCE NO. 6091 (ADOPTION) AN ORDINANCE OF THE CITY 5026 COUNCIL OF THE CITY OF ANAHEIM (i) approving Development Agreement No. 2006-00002 by and between the City of Anaheim and Platinum Triangle Partners, LLC (ii) making certain findings related thereto, and (iii) authorizing the Mayor to execute said agreement for and on behalf of the City. (Introduced at the Council meeting of December 18, 2007, Item #38). 24. ORDINANCE NO. 6092 (ADOPTION) AN ORDINANCE OF THE CITY C280 COUNCIL OF THE CITY OF ANAHEIM amending the zoning map referred to in Title 18 of the Anaheim Municipal Code relating to zoning (Reclassification No. 2007-00200, 121-131 South Dale Avenue). (Introduced at the Council public hearing of December 18, 2007, Item #39). 25. Approve minutes of the regular Council meetings held December 11, 2007 and December 18, 2007. END OF CONSENT CALENDAR 4. Approve the Cooperative Agreement with the City of Garden Grove for street so37 acquisition and design for the Katella Smart Street Projects, Ninth Street to Humor Drive and Humor Drive to Jean Street. Mark Vukojevic, City Engineer, reported there were two remaining projects in the Katella Smart Street project; one from 9th to Humor and the second from Humor to Jean Street. He indicated there were a number of parcels the City had to acquire in anticipation of the street widening and intersection improvements with the 9th to Humor project currently out to bid and construction to start in the spring/summer of 2008. The second project would take another year to finish design and right-of-way property acquisition and would go out to bid next winter with construction to follow. Mayor Pringle pointed out this agreement dealt with issues where Anaheim's city limits ended and Garden Grove's boundary began pointing out the street widening would continue through Garden Grove, the County island and into the city of Stanton. Council Member Kring moved to approve the Cooperative Agreement, seconded by Council Member Hernandez. Roll call vote: Ayes - 5; Mayor Pringle, Council Members: Galloway, Hernandez, Kring and Sidhu. Noes - 0. Motion Carried. January 8, 2008 Page 7 5. Approve the agreement with At-Your-Service-Hospitality, Inc. for continued food and beverage services at the Anaheim Hills Golf Course for one additional five- yearterm. With the consent of Council, Mayor Pringle continued this item to the January 29, 2008 meeting and asked Mr. Lowe to provide him with a briefing and understanding of the agreement prior to that date. 7. Authorize funding for improvement of the graffiti removal program in the amount D106 of $200,000; implementation of traffic calming measures at Sycamore Street/Anaheim Boulevard in the amount of $220,000; administration of spillover parking program at Anaheim Memorial Hospital area in the amount of $25,000; and upgrade of the ACTV3 channel system and sesquicentennial completion in the amount of $59,311 and amend the Fiscal Year 2007-08 budget accordingly. The City Manager explained staff was recommending a one time adjustment to the budget after hearing Council's concerns related to graffiti, spillover parking in Anaheim Memorial area and traffic calming measures to Sycamore and Anaheim Boulevard. Also included in this one-time budget expenditure was an upgrade of the ACTV3 system and funding to complete Sesquicentennial events. Mr. Morgan provided more specific information related to these funding requests which totaled $59,311. Council Member Kring was supportive and appreciative of the efforts to improve graffiti removal and spillover parking concerns, however, she was not inclined to fund the Walk of Stars monuments as Anaheim's first honorees had paid for their own "stars" and she felt Anaheim taxpayers should not be obligated for that cost. She was also not supportive of a separate policy relating to the Walk of Stars funding, believing the standard should be the same for all honorees. Council Member Galloway remarked that she had been interested in seeing improvement to the cable television system and inquired how this additional funding would help. Mr. Morgan responded the existing system was a mechanical, entry level cable system and required more human intervention on a regular basis with downtime that was confusing to viewers. The funding, he explained, would upgrade this system to an automated computer based server system. Mayor Pringle remarked the City should also consider upgrading equipment related to government programming. Mr. Morgan replied staff was working on a plan to reconfigure City Hall and it would be appropriate to address upgrading City Hall cable equipment at that time. Council Member Galloway also pointed out that the intent of the Walk of Stars was to have the individual honored to step up and provide funding for that monument. Mr. Morgan responded the budget request was before Council to determine whether there was interest in setting a policy which would allow Council to fund one or two recognitions a year for those individuals not able to do so on their own. Council Member Galloway believed the standard should be the same for all honorees, whether recognition was funded by the individual or by the City. Council Member Hernandez was supportive in seeing these quality of life issues addressed in this year's budget. January 8, 2008 Page 8 Council Member Sidhu remarked the Yorba family had greatly contributed to Anaheim and the county with significant land and other donations and he felt recognizing them at the City's expense was appropriate. Mayor Pringle concurred stating there would always be contributors to the community unable to pay for their recognition and believed that considering a policy whereby Council would determine whether recognition would be at taxpayer's expense each year, was not appropriate. Mayor Pringle moved to approve all funding except for augmentation of the sesquicentennial funding, seconded by Council Member Kring. Roll call vote: Ayes - 5; Mayor Pringle, Council Members: Galloway, Hernandez, Kring and Sidhu. Noes - 0. Motion Carried. Mayor Pringle moved to approve sesquicentennial funding for the Gene Autry and the Yorba Family "stars," seconded by Council Member Sidhu. Roll call vote: Ayes - 4; Mayor Pringle, Council Members: Galloway, Hernandez, and Sidhu. Noes - 1: Council Member Kring. Motion Carried. 16. Waive the sealed bid requirement of Council Policy 4.0 and authorize the n18o Purchasing Agent to issue a blanket purchase order to ProForce Law Enforcement in snot-to-exceed amount of $50,000 for a period of one year for X- 26 Tasers and related equipment for the Police Department. Police Chief Welter reported Item No. 16 was a request to purchase tasers for the Police Department at a cost not to exceed $50,000. He indicated department personnel had used tasers since January 2005 and with the addition of new officers over the years, additional tasers were now needed. He added the department felt this was an effective tool and after thorough research, found the X-26 Taser was the best system available for police work and was manufactured by one company, ProForce Law Enforcement. Council Member Hernandez asked for more details on the use of tasers, explaining there had been negative comments in the press on their use. Chief Welter responded there was no evidence that a taser caused the death of any individual and this equipment was one more tool which enabled officers to refrain from using deadly force. Council Member Hernandez moved to approve Item No. 15, seconded by Council Member Kring. Roll call vote: Ayes - 5; Mayor Pringle, Council Members: Galloway, Hernandez, Kring and Sidhu. Noes - 0. Motion Carried. 17. Waive the sealed bid requirement of Council Policy 4.0 and authorize the vlso Purchasing Agent to issue a purchase order to Adamson Police Products, in the amount of $63,833.26 including taxes, for ballistic vests for the Police Department. Council Member Hernandez remarked this item was for the purchase of body armor for officers on patrol and was another measure the City took to protect its officers and moved to approve Item No. 17, seconded by Council Member Kring. Roll Call vote: Ayes - 5; Mayor Pringle, Council Members: Galloway, Hernandez, Kring and Sidhu. Noes - 0. Motion Carried January 8, 2008 Page 9 18. Waive the sealed bid requirement of Council Policy 4.0 and authorize the D18o Purchasing Agent to issue a purchase order to T3 Motion in the amount of $41,855.28 including taxes, for four T3 Motion Electric Mobility Vehicles for the Police Department. Chief Welter explained this item was for the purchase of single person electric three- wheeled vehicles to be used by officers at sports venues and possibly downtown Disney and other areas to make officers more visible with greater maneuverability. He indicated the City was able to take advantage of this new technology through the use of Anaheim Public Utility funds which qualified under energy efficiency guidelines. Council Member Hernandez moved to approve Item No. 18, seconded by Council Member Galloway. Roll call vote: Ayes - 5; Mayor Pringle, Council Members: Galloway, Hernandez, Kring and Sidhu. Noes - 0. Motion Carried. 19. Direct staff to pursue discussions that will lead to the drafting of an exclusive right n15o to negotiate for the sale, lease or facilitation of parking/[property at a specific site for the development of an Anaheim Performing Arts Center. All Council Members were fully supportive of pursuing discussions on a specific site for establishing a performing arts center within the City under apublic/private partnership with no taxpayer funds involved. Council Member Galloway moved to approve Item No. 19, seconded by Council Member Kring. Roll call vote: Ayes - 5; Mayor Pringle, Council Members: Galloway, Hernandez, Kring and Sidhu. Noes - 0. Motion Carried. 26. ORDINANCE NO. 6094 (INTRODUCTION) AN ORDINANCE OF THE CITY M142 COUNCIL OF THE CITY OF ANAHEIM determining that there shall be no franchise fee charged to any video service provider providing video service in the City of Anaheim under a state franchise issued by the California Public Utilities Commission pursuant to the Digital Infrastructure and Video Competition Act of 2006, California Public Utilities Sections 5800, et seq. Tom Wood, Assistant City Manager, reported Council had directed staff to prepare an ordinance that would eliminate franchise fees charged for video service providers operating in the City of Anaheim under a state franchise. By adopting this ordinance, he added, Council would eliminate Time Warner's statutory five percent franchise fee pursuant to the receipt of a CPUC issued statewide franchise. Additionally, this ordinance would eliminate franchise fees from any future video service providers wishing to operate in Anaheim under a statewide franchise. Mayor Pringle stated Ordinance No. 6095 was introduced and would be considered for adoption on January 29tH Report on Closed Session Actions: None Council Communications: Council Member Hernandez commented on Moody's credit rating upgrade from Al to AA3, representing a stronger financial position of the Public Utilities Department and an January 8, 2008 Page 10 indication that the rating companies recognize the excellent management and success of the Department. Council Member Galloway congratulated everyone involved with the successful grand opening of the Muzeo and its Imperial Rome Exhibit, informing the community of the Chicano Art & Soul exhibit, scheduled to arrive on January 27tH Council Member Kring congratulated the City for its second Rose Parade entry, which won the Governor's Trophy award. Council Member Sidhu announced the Orange County Sanitation Districts dedication of the groundwater replenishment system scheduled for Friday, January 25tH and the Mayor's State of the City addressed scheduled for the end of the month. He also informed the community that Anaheim's public libraries were offering tutoring help on line for students in grades 3 to 12 between the hours of 1:00 P.M. to 10 P.M., available via www.anaheim.net. He added students without Internet access would be able to use the library computers for that purpose. Mayor Pringle addressed California's fiscal crisis which could effect local governments and asked the City Manager to explain those actions taken by staff as the economy impacts began to unfold. Mr. Morgan reported the City took action in September of 2007, directing departments to reduce their spending one percent citywide as a result of property tax returns which were less than anticipated. While the transient occupancy tax was outperforming estimates, he remarked, other data received showed sales tax coming in under City expectations and staff was then directed to go through a modified hiring freeze meaning non-sworn, non public safety positions would not be filled while staff continued to monitor the economy. By taking these steps, the City Manager believed the budget year would end on target. Mayor Pringle reported that last year he had sat on the California Public Employee Post Employment Benefit Commission which was charged with the responsibility of looking at all unfunded liabilities of pensions and other post employment benefits that governments provide workers in the State of California. That analysis revealed there was over $118 billion of unfunded liability mainly due to pension and health care benefits. There were 34 recommendations resulting from that analysis and Mayor Pringle requested staff review the first four recommendations which addressed pre-funding obligations for public employee benefits. He acknowledged Anaheim was in better shape than most other governments because funds had been set aside to address those retiree benefits, however, he would like to establish a plan and requested the City Manager draft a response to the first four recommendations of the State Commission. Adjournment: At 7:30 P.m., Mayor Pringle adjourned thee January 8, 2008 meeting. Re ec Ily sub ed, Linda N. Andal, City Glerk