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1999/10/26ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, OCTOBER 26, 1999 The City Council of the City of Anaheim met in regular session. PRESENT: MAYOR : Tom Daly PRESENT: COUNCIL MEMBERS : Frank Feldhaus, Lucille Kring, Tom Tait, Shirley McCracken, ABSENT: COUNCIL MEMBERS: PRESENT: CITY MANAGER : Jim Ruth SENIOR ASST. CITY ATTORNEY : Cristina Talley CITY CLERK : Sheryll Schroeder ASST. CITY CLERK : Ann Sauvageau COMMUNITY SERVICES MANAGER : Chris Jarvi EXEC. DIR. COMMUNITY DEVELOPMENT : Elisa Stipkovich JOB TRAINING PROGRAM MANAGER : Ruben Aceves RECREATION SUPERINTENDENT : Terry Lowe PARK PLANNER : Dick Mayer A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 3:25 p.m. on October 22, 1999 at the City Hall Bulletin Board, (both inside and outside the entrance to City Hall) containing all items as shown herein. Mayor Daly called the Workshop portion of the meeting of October 26, 1999 to order and welcomed those in attendance. City Manager, James Ruth introduced Chris Jarvi, Community Services Director who will give the presentation on the Ross Park Development. ROSS PARK DEVELOPMENT : 150: Chris Jarvi, Community Services Director. He gave a presentation on the Ross Park Master Plan supplemented by Power Pointe slides (hard copies of which were presented in booklet form – re: Ross Park Master Plan Presentation – made a part of the record) and graphics that were presented on easels in front of the dais. The presentation covered the following which were briefed by Mr. Jarvi ; park size (a 6.93 acre neighborhood park at Santa Ana Street and Manchester Avenue), surrounding land uses, park deficiency area, the design process (which included four community meetings), master plan approval (if Council is amenable to the plan, staff will take it to the Parks and Recreation Commission tomorrow and subsequently return to the Council), integration with Betsy Ross School expansion, park design elements, future park expansion opportunities/constraints (possible future acquisition of Home Oil Property), funding and development costs estimates, issues raised by the community, project schedule if plan is approved. (Also submitted was a map showing gymnasiums within an approximate 1 ¼ mile radius of the Ross park site and a Conceptual Master Plan of the site.) Some of the major issues/aspects of the plan were discussed in more detail. Mr. Jarvi . The Community Center multi-purpose building (being provided by the school as part of the expansion ), is not just for school purposes, but for community use as well. The school itself is a locked-off campus but the multipurpose room (community center) was placed next to the parking lot so it could be used even on school days for resident-type uses. Relative to the Home Oil property, the land acquisition cost is at least $1 million, an amount that Community Services does not have in the budget; however, they wanted to move ahead and not wait. If they acquire the site, there are other issues that would also have to be resolved (which he explained). Relative to a gymnasium/youth center, there has been an appeal for such facilities. A gym along with a park would take up about 2/ 3’s of the site. If there were to be a gym at the location, it would cost approximately $1.2 million for a high-school gym and $1.0 million for a jr. high gym with operating cost of $281,000 a year. It is not that another publicly owned gym is not needed, ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, OCTOBER 26, 1999 but not at this location. He referred to the map submitted showing the close proximity of other school gyms in the area and also the newest City gym built next to the Downtown Community Center. Mr. Jarvi briefed the features of the community center that is to be provided at Ross Park noting that the school would not have normally included such a facility. It is the only school that has anything like it to serve the needs of the community. The City will get a $1.5 million building at no cost. At the conclusion of the presentation, Council Members posed questions relative to many aspects of the plan. Mr. Jarvi first confirmed for the Mayor that approval of the Master Plan itself will come back to the Council and staff would then start the design process. Council Member Tait . He would like to see a more active than passive park, one which would include two soccer fields; Mr. Jarvi explained that staff had looked at the possibility of putting in some fields (other than the baseball field) and, working from the graphics, showed the possibilities considered but it was determined in the final analysis, that without the Home Oil property at this time, it was not feasible to add additional fields. Extensive discussion/questions followed on the issue of adding additional fields, lighting the ballfield, status of negotiations with Home Oil and related issues (such as the possibility of ground contamination), proposed landscape treatment on both sides of the railroad track, views into the park site, etc. Additional input was given by Mr. Jarvi, Dick Mayer, Park Planner, and Terry Lowe , Recreation Superintendent. Before concluding the discussion, Mr. Jarvi confirmed that the design proposed came from community input. The community was not asking for multiple ball fields. With the exception of the gym, the plan presented is what they wanted to see – a mix of active and passive uses for the neighborhood. Council Input Relative to the Plan: Council Member Tait . He would not take anything out of the plan but trade some of the passive open space for another playing field. He made a template of the field and feels they can move the baseball field down and put another field in the northern portion and place the building and basketball courts in the upper right; Mayor Daly asked for a rendering of some sort that would lay out that possibility and the expense involved; Council Member McCracken. It is necessary to keep the play area for the younger children; Council Member Kring : If the Home Oil property is acquired, a soccer field could be accommodated in that area. Mr. Jarvi stated he did not want to leave the impression they were close to acquiring the Home Oil property. Working from the drawing, he noted the bigger triangle is $1 million and the smaller triangular piece is $65,000. When staff comes back with a design, they will show what the alternatives can be. Mayor Daly. He would like to see the ultimate layout of the park if the property is acquired. Knowing what the ultimate configuration of the park is going to be will be very helpful to the Council. He also asked if barbecue pits were a part of the plan. Dick Mayer. There may be some barbecue pits where there are picnic tables ; Mayor Daly. He feels the issue needs to be discussed at some future time. His personal feeling is that barbecues create problems. Council Member McCracken . Parks like Pearson and LaPalma Park are utilized heavily by families, especially those that don’t have air conditioning. They go to parks to barbecue and for their children to use the play areas. Those things create a balance in park uses ; Chris Jarvi. Modjeska Park does just that and it has only one ball field. It is a tremendous asset to the neighborhood. Mayor Daly. The plan presented is a logical and useful plan. He reiterated the request for an alternative that attempts to lay out the second soccer field and also showing what the ultimate layout of the park can be if all acquisitions take place and, relative to lighting the field, to provide the cost of doing so. The time table is a good one and the treatments at the edges make sense. The plan needs to work as well as possible with the school. They look forward to the next steps and any other alternatives to make the park as attractive and useful as possible. 2 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, OCTOBER 26, 1999 Chris Jarvi . The requests of the Council can be fairly simply done. Staff will come back in a couple of weeks with alternatives and will hold off taking anything to the Parks and Recreation Commission tomorrow. Council Member Tait assured Mr. Jarvi that he was especially pleased that Community Services was able to bring the plan to fruition since he believes urban in-fill parks are very important. Mayor Daly thanked staff for the informative and detailed presentation. REQUEST FOR CLOSED SESSION: City Attorney Jack White requested a Closed Session noting first that there were no additions to Closed Session items. PUBLIC COMMENTS - CLOSED SESSION ITEMS: There were no public comments relative to Closed Session items. The following items are to be considered at the Closed Session. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 1. 54956.9(a) – Existing Litigation: Name of case : Vista Royale Homeowners Assoc. vs. 396 Investment Co. fka The Fieldstone Company, et al., Orange County Superior Court Case No. 77-30-74, (and related cases). CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 2. 54956.9(c) – Anticipated Litigation: Number of potential cases : one. CONFERENCE WITH LABOR NEGOTIATORS: 3. Agency designated representatives : David Hill, Jim Ruth Employee organization : Anaheim Fire Association. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 4. 54956.9(a) – Existing Litigation: Name of case : Pepper v. City of Anaheim, et al., Orange County Superior Court No. 78-22-21. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT 5. CODE SECTION 54956.8 Property : Rancho Del Rio Stables located east of SR 57, west of Phoenix Club Drive, south of the Phoenix Club and north of the Union Pacific RR right-of-way. Agency negotiator : James D. Ruth Negotiation parties : City of Anaheim and Robert G. Jones Under negotiation : lease renewal and terms PUBLIC EMPLOYEE PERFORMANCE EVALUATION: 6. Title: City Manager, City Attorney, City Treasurer, City Clerk (Public action may be taken on salary adjustments for City Council appointees) By general consent, the Council recessed into Closed Session. (3:37 P.M.). AFTER RECESS: Mayor Daly called the regular Council meeting of October 26, 1999 to order at 6:07 P.M. and welcomed those in attendance. 3 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, OCTOBER 26, 1999 INVOCATION: Pastor Rick Dana from the Cornerstone Foursquare Church gave the invocation. FLAG SALUTE: Council Member Kring led the assembly in the Pledge of Allegiance to the Flag. FINANCIAL DEMANDS AGAINST THE CITY in the amount of $5,139,439.83 for the period ending October 26, 1999, in accordance with the 1999-2000 Budget, were approved. ADDITIONS TO THE AGENDA: There were no additions to agenda items. ITEMS OF PUBLIC INTEREST: Mr. Gerald Bushore , Anaheim resident. He feels it is wrong for someone to give their address when addressing the Council; there needs to be another way. He then reported on several instances where people have accessed his credit report. He also received two items in the mail from the Public Utilities Department on Thursday, the first being a credit report which he had not requested. He was concerned that there is no policy that such requests be made in writing. He urged the establishment of a policy that any credit references have to be requested in writing. The second item relates to the notice received on the City’s Paramedic program, an issue he addressed approximately 20 years ago when the charge for same appeared on the Utility bill. At that time he stated it could not just be included on the bill; subsequently, a check-off box was included to either accept or reject participation. The recent notice indicated in red letters, “final notice” which was disconcerting to him especially since he thought such techniques had been stopped 20 years ago. He and his wife both have insurance and do not want/need to spend another $36 for the program. If the City (for whatever reason) sends notices, he asked that they not contain big red (warning) letters. Mayor Daly. He asked the City Manager to check into the current policies and practices on the subject of credit references and also to address the latter subject and convey to the Council his analysis and recommendation. PUBLIC COMMENTS: There were no public comments on City Council Agenda items. MOTION: Mayor Daly moved to waive rea ding in full of all ordinances and resolutions to be acted upon for the Council meeting of October 26, 1999. Council Member McCracken seconded the motion. MOTION CARRIED. CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR A1 – A11: On motion by Mayor Daly, seconded by Council Member McCracken , the following items were approved in accordance with the reports, certifications and recommendations furnished each Council Member and as listed on the Consent Calendar; Mayor Daly offered Resolution No. 99R-216, for adoption. Refer to Resolution Book. A1. 118: Rejecting and denying certain claims filed against the City. Referred to Risk Management. The following claims were filed against the City and actions taken as recommended: a. Claim submitted by Elmer O. Caballero for property damage sustained purportedly due to actions of the City on or about August 8, 1999. b. Claim submitted by David K. Gordon for property damage sustained purportedly due to actions of the City on or about July 4, 1999. 4 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, OCTOBER 26, 1999 c. Claim submitted by Navaz Malik, Texaco Service Station. for property damage sustained purportedly due to actions of the City on or about July 28, 1999. d. Claim submitted by Mary Jo T. Ross for property damage sustained purportedly due to actions of the City on or about March 19, 1999. e. Claim submitted by Rose Roush for property damage sustained purportedly due to actions of the City on or about August 31, 1999. f. Claim submitted by Mike Rowley for contractual indemnity sustained purportedly due to actions of the City on or about September 21 1999. g. Claim submitted by Patricia & Eric Wellmeyer for property damage sustained purportedly due to actions of the City on or about August 19, 1999. A2. 117: Receive and file the Investment Portfolio Report as submitted by the City Treasurer. 128: Receive and file the Monthly Financial Analysis for one month ended July 31, 1999, as presented by the Finance Director. 175: Receive and file Docket No.ER99-4310-000, et al. of the United States of America Federal Energy Regulatory Commission. 175: Receive and file Docket Nos. EC99-105-000 and ER99-4039-000 of the United States of America Federal Energy Regulatory Commission filed on August 10, 1999, for an application for the sale by Edison of jurisdictional facilities to the City of Anaheim. A3. 175: Award a contract to the lowe st responsible bidder, Lambco Engineering, Inc., in the amount of $876,959.60 for Underground District No. 35, Citron Street, and approve the Escrow Agreement pertaining to contract retentions with Lambco Engineering, Inc. and authorize the Finance Director to sign said Agreement. A4. 123: Approve an agreement with the United States Department of Energy Urban Consortium Energy Task Force for the Electric Vehicle Station Car Program Tool Kit and authorize the Mayor and City Clerk to execute said Agreement. A5. 123: Waive Council Policy 401 and enter into agreement with Kimley-Horn Associates to provide modifications to the City’s traffic systems to enable the TravelTIP Program. A6. 158: Approve the First Amendment to an Acquisition Agreement for purchas e and sale of real property for 101 West Katella Way (R/W 5180-38) authorize the Mayor and City Clerk to execute said Amendment. A7. 123: Approve the First Amendment to an Agreement with Hunsaker & Associates for a change in the rate schedule for plan checking services provided to the Public Works Department. A8. 173: ORDINANCE NO. (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending certain provisions of Chapter 14.60 of Title 14 of the Anaheim Municipal Code relating to transportation demand management. 173: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM to establish facility standards to be met by applicable developments pursuant to Chapter 14.60.040 and superseding Resolution No. 91R-89. 5 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, OCTOBER 26, 1999 Council Member Tait . He asked for a one-week continuance on this item unless it is a time-sensitive issue; staff confirmed that a continuance would not create a problem. MOTION. Council Member Tait moved to continue Item A8. for one week. Council Member McCracken seconded the motion. MOTION CARRIED A9. 182: Approve $846,603 of revenue and expenditure appropriations in Fund 224 from the prior 1998-99 fiscal year into fiscal year 1999-00. A10. 176: RESOLUTION NO. 99R- 216 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM declaring its intention to vacate certain public streets, highways and service easements and rescinding Resolution No. 99R-210 (99-7A) (Suggested Public Hearing Date November 16, 1999). A11. 114: Approve minutes of the Anaheim City Council meeting held September 28, 1999 and the Special City Council meeting held October 14, 1999. Roll Call Vote on Resolution No. 99R-216 for adoption: AYES: MAYOR/COUNCIL MEMBERS : Feldhaus, Kring, Tait, McCracken, Daly NOES: MAYOR/COUNCIL MEMBERS : None ABSENT: MAYOR/COUNCIL MEMBERS : None The Mayor declared Resolution No. 99R-216 duly passed and adopted. END OF CONSENT CALENDAR. MOTIONS CARRIED. . PRIVATE INDUSTRY COUNCIL APPOINTMENTS: A12 182: Reappoint Mr. Frank Jacobson to the Anaheim Private Industry Council ( PIC), representing the Private Sector Category, for a four year term and Mr. Tom Kurtz, representing the Public Sector Category, for a four year term to expire 2003. Council Member Kring posed questions relative to advertising the positions, subsequently recommending the appointments be continued since no advertising had taken place; Lisa Stipkovich, Executive Director of Community Development explained the process followed with Private Industry Council appointments/ reappointments. She then asked the JTP Manager to address the issue. Ruben Aceves , JTP Manager. The motion before the Council is not to refill any existing vacancies but to reappoint existing members, one for the private and one for the public sector categories. The legislation allows, as long as the members request or desire to be reappointed , the Council can reappoint without advertising. The Chamber of Commerce is the organization that does the nominating and subsequently, staff submits a slate to the Council for their consideration. MOTION. Council Member Kring thereupon withdrew her request for a continuance in order to advertise the positions and instead moved to reappoint Frank Jacobson to the Private Sector Category and Tom Kurtz to the Public Sector Category of the Private Industry Council as recommended for a four-year term to expire in 2003. Council Member McCracken seconded the motion. MOTION CARRIED. B. THERE WERE NO ZONING OR LAND USE ITEMS. 6 ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES, OCTOBER 26, 1999 C1. REPORT ON CLOSED SESSION ACTIONS: There were no actions to report. COUNCIL COMMENTS: C2. 114: Council Member McCracken: On behalf of the Council she expressed sympathy to the family of Eleanor Faessel who recently passed away. Her son, Steve Faessel is current Chairman of the Public Utilities Board. In the recent past, Eleanor greeted people at the Anaheim Museum one day a week but was also involved in many community activities. She will be missed; Mayor Daly also noted that Eleanor lived at the corner of Clementine and Sycamore Streets in an historic landmark home which had unique and rare palm trees on the property. He recalled , she was always kind and helpful in educating people on the background of those trees. Council Member Kring : She reported that the ABC network was going to be presenting a program on the 100 most influential women of the Century hosted by Barbara Walters and that one of the women included is Jane Fonda. She ( Kring) would like the Council to write a resolution and send it to ABC asking that Ms. Fonda not be included considering her overt actions in protesting the Vietnam War. She also urged Veteran’s organizations to do the same. D. NO PUBLIC HEARINGS WERE SCHEDULED. ADJOURNMENT: By general Council consent, the Council Meeting of October 26, 1999 was adjourned (6:31 P.M.). SHERYLL SCHROEDER CITY CLERK 7