2003/06/17
ANAHEIM, CALIFORNIA - CITY COUNCIL MEETING
ADJOURNED REGULAR MEETING
JUNE 17,2003
Call to order the Anaheim City Council at 3: 16 P. M.
PRESENT: Mayor Curt Pringle, Council Members: Tom Tait, Shirley McCracken,
Robert Hernandez and Richard Chavez.
STAFF PRESENT: City Manager David Morgan, City Attorney Jack White, City Clerk
Sheryll Schroeder.
A copy of the agenda for the meeting of the Anaheim City Council was posted on June
13,2003 at the City Hall outside bulletin board.
Mayor Curt Pringle called the adjourned special meeting to order at 3:16 P.M. in the
Council Chambers of the Anaheim City Hall, 200 South Anaheim Boulevard.
WORKSHOP:
Director Gary Johnson made a presentation regarding Public Works, Operating and
Capital Improvement budget.
Marcie Edwards, General Manager, made her presentation regarding Public Utilities
budget and its Operating and Capital Improvement budget.
Elisa Stipkovich, Executive Director of Community Development, made a presentation
on the department's budget, including the Operating and Capital Improvement budget.
Public questions and comments None
Recess budget public hearing to 4:20 P.M. (Agenda Item A45)
At approximately 4:20 P.M. Mayor Pringle continued the public hearing to 5:00 PM, this
date.
ADDITIONS/DELETIONS TO CLOSED SESSION: None
PUBLIC COMMENTS - CLOSED SESSION ITEMS: None
Mayor Pringle recessed the Council meeting to Closed Session at 4:21 P.M. for the
following purposes:
1. CONFERENCE WITH LABOR NEGOTIATORS
Agency designated representative: David Hill
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Employee organizations: Anaheim Police Association; Anaheim Fire
Association
2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Section 54956.9 of the Government Code)
Name of case: City of Anaheim v. Pacific Bell Telephone Company, Orange
County Superior Court Case No. 00CC07829.
3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Section 54956.9 of the Government Code)
Name of case: Decena, et al. v. City of Anaheim, Orange County Superior
Court Case No. 03CC04902.
AFTER RECESS:
Mayor Pringle called the regular Council meeting of June 17, 2003 to order at 5:15 P.M.
and welcomed those in attendance.
INVOCATION: Pastor Ed Bartel, Sunkist Community Church
FLAG SALUTE: Council Member McCracken
PRESENTATIONS: Recognizing the Canyon High School Team on winning the
Metropolitan Water District's Solar Splash 2003.
PROCLAMATIONS AND DECLARATIONS:
Recognitions to be presented at a later date were:
Recognizing Chris Jarvi on his retirement from the City of Anaheim.
Recognizing the New Jersey Devils Hockey Team.
Recognizing Patricia Duthoy on her retirement from St. Justin Martyr School.
Recognizing Shirley Horger on her retirement from S1. Justin Martyr School.
Proclaiming June 26, 2003, as Carson Palmer Day.
At 5:29 P.M., Mayor Pringle recessed the City Council meeting until after the
Redevelopment Agency meeting.
Additions/Deletions to the Agenda: City Clerk Schroeder called Council's attention to
revised Item 45 R. There were no additions or deletions to the Agenda.
Public Comments:
James Reade spoke about false charges that were made against children.
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Nathan Zug, president of the Magnolia School District Board of Trustees, spoke about
the Maxwell Park expansion project, which he said 60% of the park was owned by the
district. He said the district's interest was more green belt and additional space for the
administration center of the district. He said the Board requested Council delay action
and redirect staff to develop alternatives that would best suit the community's long term
interests.
Helen Brethers discussed the safety problems that occur on rainy days at the Anaheim
Community Center. She said there was no shelter when it rained or benches for the
seniors to sit on.
Steve Staveley spoke about Item A 19, the Maxwell Park expansion. He said he was
against the expansion, saying he had heard years of broken promises from the City
about the park. He said the neighbors preferred to keep the nursery where it was and
wanted a passive use for the park. He said he felt the staff report was flawed.
Leonard Latetin also spoke in opposition to the Maxwell Park expansion. He said the
plan before Council was rejected by the public at the public meetings. He said the new
plan was completely different from the one accepted by the residents. He stated his
concern with safety issues from children going over his fence to retrieved balls and the
38 power lines that were directly above the park. He said the therapeutic center needed
replaced also.
Esther Wallace discussed the Maxwell Park issue and said that Anaheim needed more
green space, the area was too densely populated and there was not enough room for
required parking. She recommended that there be a sports facility task force committee
of West Anaheim residents created to determine the need for green space and sports
facilities.
Seferino Garcia said that he supported the plan for Maxwell Park to have more sports
fields.
Dana Arbeso spoke against the proposed expansion of Maxwell Park, citing the design
of the park was too small for a sports complex, saying that Maxwell Park was a
neighborhood park. She informed that the bathroom facilities were not adequate for the
increased traffic and were too far from the fields. She also stated that the project would
lower their property values in the area and increase the noise level.
Beverly Sheldon said that the noise from Maxwell Park was already a problem for those
living next to it and wanted to know where else the City could put a park. She noted
that there had been agreement among the community on a plan and staff brought
forward a new plan. She wanted Council to look at an overall plan for the City's parks.
Diane Sergeant discussed the issue of the increased crime rate to the neighborhood
with the Maxwell Park expansion. She spoke in opposition to the park expansion.
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June Bangstun said she was not in favor of the Maxwell Park expansion, the park was
already too small for the amount of people who used it. She suggested the money for
the park should go to a new therapeutic center.
Wenten Goodman said he was against the Maxwell Park expansion and his entire
neighborhood did not want it. He said the Park and Recreation Commission voted
against the plan after hearing the residents speak. He urged Council to vote against
the plan proposed.
Dale Hawkins spoke against the Maxwell Park expansion saying that the park had more
active fields than any other neighborhood park in the City and asked Council to look into
other neighborhoods that would welcome a park expansion. He referred to the Park and
Recreation Commission's rejection of the plan. He presented 41 signatures against the
plan.
Alan Arbeso spoke against the Maxwell Park expansion due to the noise pollution,
people playing there after the park was closed and he said the park was too small for
the new intended use. He noted that some days, the fields were being prepared at 3
o'clock in the morning.
Jerlyn Peregrin said that Council should listen to the Maxwell Park users and ask them
what they wanted instead of making decisions for them.
Judithanne Golette spoke in opposition to the Maxwell Park expansion, saying she had
an issue putting children under the many electric wires that were above the park.
Victor Real said he was in favor of a sports complex but not at Maxwell Park. He said
Maxwell Park was supposed to be a neighborhood park.
Denise Barnes said she did not want the Maxwell Park expansion due to the increased
noise and park lights being on past the time they should be turned off. She said she
wanted a revised plan, not the one that was being proposed.
Robert Barnes talked about the increased crime rate in Maxwell Park. He said he felt
that the Council had made a decision for the homeowners situated around the park.
Judith Serafini spoke in favor of the proposed changes to Maxwell Park, saying the
more structured the activities were at the park, the less chance of crime.
Robert Flores said he did not want his property value to decline because it was close to
Maxwell Park. He referred to a recent charitable event for children.
Peter Tsachpinis introduced himself to Council, stating that he had applied for the
Planning Commission.
Alma Rameriz spoke regarding child molesters.
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Yvonne Reese requested that Senate Bill 60 be put on the July 8, 2003 agenda, saying
she would like the support of the Council for those who do not have drivers licenses.
Consent Calendar: Items A 1 - A37
Council Member Hernandez moved that Items A19, A27, and A28 be pulled from the
calendar for separate action.
Council Member Chavez asked that Item A32 be pulled from the agenda for separate
action.
Mayor Pringle explained that he would abstained on Item A31 due to a possible conflict
of interest.
Council Member Tait noted he would abstain on Item A21, the Highlands, due to a
conflict of interest.
Council Member McCracken moved, seconded by Council Member Tait, to waive
reading in full of all ordinances and resolutions and 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 McCracken, Tait, Hernandez, Chavez. Noes - O. Recorded abstentions by
Council Member Tait on Item A21 and an abstention on Item A31 by Mayor Pringle
Motion carried.
A1.
Reject certain claims filed against the City.
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A2.
Receive and file the Investment Portfolio Report for May 2003 and minutes of the
Redevelopment and Housing Commission meeting held May 21 , 2003.
A3.
Accept the bid and agreement with Golden State Utility Company, in an amount
not to exceed $240,000, for underground cable locating service for one year with
three one-year renewal options and authorize the Purchasing Agent to exercise
future optional renewals in accordance with Bid #6347.
A4.
Accept the low bid and agreement with Academy Electric, Inc., in an amount not
to exceed $210,224, for lamp and ballast replacement service for a period of two
years with three one year options to renew and authorize the Purchasing Agent
to execute the renewal options in accordance with Bid #6380.
A5.
Accept the low bid of Western Exterminator Co., in an amount not to exceed
$31,959 (tax inclusive), for the purchase and installation of Bird-B-Gone bird
deterrent for The Anaheim Resort™ in accordance with Bid #6390.
A6.
Accept the bid of Roto Industries, Inc., in an amount not to exceed $114,805 (tax
inclusive), for the purchase of automated waste collection barrels, on an as-
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needed basis, for a period of one year with four one-year renewal options and
authorize the Purchasing Agent to exercise the renewal options on behalf of
Public Works in accordance with Bid #6392.
A7. Accept the low bid of Pole Maintenance Company, in an amount not to exceed
$224,532, for pole inspection, treatment and reinforcement for one year with two
one-year renewal options and authorize the Purchasing Agent to exercise the
renewal options for the Utilities Department in accordance with Bid #6393.
A8. Accept the low bid of Ladner Coatings, Inc., in an amount not to exceed
$455,441 (tax inclusive), for the recoating of the parking deck at the Convention
Center in accordance with Bid #6394.
A9. Authorize the Purchasing Agent to issue purchase orders in an amount not to
exceed $577,500 (plus tax) for the purchase of various vehicles and equipment
for City Departments for fiscal year 2003/2004.
A 10. Waive Council Policy No. 306 and authorize the Purchasing Agent to issue a
purchase order to GCS Western Power and Equipment, in the amount of
$178,886.55 (including tax), for two Tymco sweeper re-mounts.
A 11. Approve the issuance of a change order to Mr. Crane, Inc. to increase the not to
exceed purchase order amount to $35,000 for crane rental services for the
Utilities Department.
A 12. Award the Master Agreement contracts, waive any irregularities in documents
and authorize the Public Utilities General Manager to administer said Master
Agreements with V-Max Electric Corp., ELC Electric, AEW Electric, E.E. Electric,
Inc., Villegas Electric, Pouk & Steinle, Inc., Henkels & McCoy, Inc., Cutler
Hammer, Inc., Par Electrical Contractors, Inc., and Sturgeon Electric Company.
A 13. Award the contract to the lowest responsible bidder, ARA Engineering
Contractor, in the amount of $1,223,440, for construction of Well #53 Site
Improvements and Water Mains and approve and authorize the Finance Director
to execute the Escrow Agreement pertaining to contract retentions.
A14. Award the contract to the lowest responsible bidder, Robert G. Castongia, Inc., in
the amount of $502,949, for replacement of Pressure Regulating Station Nos. 12
and 27 and approve and authorize the Finance Director to execute the Escrow
Agreement pertaining to contract retentions.
A15. Award the contract to the lowest responsible bidder, Kalban, Inc., in the amount
of $57,460, for the Citywide Neighborhood Sidewalk Restoration Improvements
and approve and authorize the Finance Director to execute the Escrow
Agreement pertaining to contract retentions.
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A16. Award the contract to the lowest responsible bidder, GMC Engineering, Inc., in
the amount of $587,970.55, for the State College Boulevard Median and
Landscape Beautification Improvement Project from La Palma Avenue to State
Route 91 and approve and authorize the Finance Director to execute the Escrow
Agreement pertaining to contract retentions.
A17. Approve the First Amendment to Agreements with Merit Civil Engineering, Inc.,
DGA Consultants, and Dewan, Lundin and Associates, in an amount not to
exceed $100,000 per agreement, annually, ($200,000 total), for general civil
engineering on-call services and support for public works improvement projects.
A18. RESOLUTION NO. 2003R-111 RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM accepting irrevocable offers of dedication of certain
property and/or facilities [Tract Map Nos. 12693, 13266, 13461, 13516, 13517,
13518,14079,16034 (except "The Road") and 16233].
A20. Approve the License Agreement with Feedback Foundations, Inc. to utilize
Brookhurst Community Center, on a shared basis, to provide a comprehensive
meal program, recreational activities and social services to senior citizens
through June 30, 2004.
A21. RESOLUTION NO. 2003R-112 RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM pursuant to Section 53334 of the Government Code of
the State of California to consider altering the public facilities financed by
Community Facilities District No. 1989-1 (Sycamore Canyon) of the City of
Anaheim, California.
Public hearing scheduled for July 22, 2003.
RESOLUTION NO. 2003R-113 RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM pursuant to Section 53334 of the Government Code of
the State of California to consider altering the public facilities financed by
Community Facilities District No. 1989-2 (The Highlands) of the City of Anaheim,
California.
Public hearing scheduled for July 22, 2003.
Council Member Tait abstained.
RESOLUTION NO. 2003R-114 RESOLUTION OF THE CITY cnllNr.11 ()~
THE CITY OF ANAHEIM pursuant to Section 53334 of the Governm Public hearing schedule
the State of California to consider altering the public facilities finance July 22, 2003
Community Facilities District No. 1989-3 (The Summit) of the City of
California.
Public hearing scheduled for July 22, 2003.
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A22. Approve the Plumbing Utility Agreement with GES Exposition Services, Inc., dba
Trade Show Electric, for various plumbing services, on a non-exclusive basis, to
persons at the Convention Center who require such services in connection with
events.
A23. Approve the Electrical Utility Agreement with GES Exposition Services, Inc., dba
Trade Show Electric, for various electrical services, on a non-exclusive basis, to
persons at the Convention Center who require such services in connection with
events.
A24. Approve the Electrical Utility Agreement with S & N Show Services, Inc., dba
Action Expo, for various electrical services, on a non-exclusive basis, to persons
at the Convention Center who require such services in connection with events.
A25. Approve an agreement with Ferrellgas, L.P. authorizing Ferrellgas to sell
propane gas at the Convention Center.
A26. Approve the Second Amendment to Agreement with the Center for Demographic
Research to extend the term of the agreement to September 30, 2003 to coincide
with the current release date of Census data.
A29. Approve and authorize the Public Utilities General Manager to execute the Third
Amendment to Agreement with Walt Disney World Co. to provide routine and
emergency monitoring of the Disneyland Resort 12kV Supervisory Control and
Data Acquisition System (SCADA) and to provide a connection between the
City's and the Disneyland Resort's SCADA systems.
175 A30. Approve the Proposed Five-Year Electric Underground Conversion Plan for fiscal
years 2003/04 through 2007/08.
123 A31. Approve and authorize the Chief of Police to execute an agreement with the City
of Newport Beach for provision of supplemental police services during the 4th of
July holiday.
Mayor Pringle abstained on Item A31.
173 A33. RESOLUTION NO. 2003R-115 RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM authorizing the Chief of Police to submit a grant
application on behalf of the City of Anaheim to the Office of Traffic Safety for the
California Seat Belt Compliance Campaign (continued from the Council meeting
of June 10, 2003, Item A23).
ANAHEIM CITY COUNCIL MEETING MINTUES
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142 A34. ORDINANCE NO. 5865 (ADOPTION) AN ORDINANCE OF THE CITY OF
ANAHEIM approving Specific Plan Adjustment NO.9 to the Northeast Area
Specific Plan No. 94-1, amending Ordinance No. 5517, as previously amended,
and amending Subsection .050 of Section 18.110.080, of Chapter 18.110 of Title
18 of the Anaheim Municipal Code relating to Development Area 3 (new vehicle
conversion) (Introduced at the Council meeting of June 10, 2003, Item A29).
142 A35. ORDINANCE NO. 5866 (ADOPTION) AN ORDINANCE OF THE CITY OF
ANAHEIM amending various sections of the Anaheim Municipal Code relating to
appointment of a hearing officer (Introduced at the Council meeting of June 10,
2003, Item A30).
153 A36. Approve the appointment of Jack Kudron, Parks Superintendent, to Community
Services Director on an interim basis.
114 A37. Approve minutes of the adjourned regular meeting held June 3, 2003.
END OF CONSENT CALENDAR
150 A 19. Approve the revised Maxwell Park Master Plan.
Jack Kudron from the Community Services Department said that the City had received
a park grant for 1 million dollars for the Maxwell Park expansion and he had been
working with Southern California Edison to get the right to use six and one half acre
easement on the west side of the park. He said four community meetings were held
with the residences surrounding the park. The grant was applied for in 2000 and
concentrated on Maxwell Park, adding that the grant still needed to go through the
application process until there was an approved master plan. He also stated the design
left room to replace the existing therapeutic center. The master plan called for 200
more parking spaces in addition to the 90 that were already there, he added.
Bathrooms at the park would be improved according to Americans With Disabilities Act.
There were no new lights proposed in the master plan, he concluded. Regarding the
comment about fields being prepared at 3:00 AM, he said it was actually 4:00 AM and
had been corrected.
Mayor Pringle asked what time the fields for tournament games were prepared.
Mr. Kudron said at 5:00 AM for the two major tournaments held at Maxwell Park each
year with 7:00 AM for start time of the game. There were no new innings after 10: 15
PM. There were four softball fields at the time currently and one soccer field, he noted.
Mayor Pringle stated that he was aware of the intensity of the use at Maxwell Park but
wanted to know how tripling of the size, 24,000 square feet, of the library located at the
park and the parking required, would take up one of the t-ball fields.
ANAHEIM CITY COUNCIL MEETING MINTUES
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PAGE 10
Jack Kudron also stated that the fourth ball field was a t-ball small field and not used for
tournaments. The only people who used it were younger players.
Mayor Pringle asked if there was one soccer field used so much that it was trampled
into dirt.
Jack Kudron said currently that was correct. Due to spring rains and soccer games that
were scheduled at that time, the grass was damaged and the field had to be renovated
again. Mr. Kudron also stated that soccer field got most of the use, especially on the
weekends.
Council Member Hernandez said that Council was sensitive to the feelings of the
residents by Maxwell Park, but Council needed to weigh what was good for the whole
City. He moved to delay the item for further study, seconded by Council Member
McCracken.
Council Member Chavez said that some of the compromises could be made now. He
suggested that the lights go out at 10:00 PM. He felt that the area needed sport fields.
He added that if the proposal was approved as before Council and crime became an
issue, Maxwell Park could be returned to a passive park. He felt the need for sports
fields was needed for the community as a whole. He said he would support the
proposal, as is, with the contingency that the lights go out at 10:00 PM and if after a
year, crime increased and property values went down, it could be changed back.
Council Member Tait said he agreed with Council Member Chavez and noted that there
would be a new 8 foot wall built on the west edge of the easement and there would also
be trees planted on the park side to help as a sound buffer. He said he had heard for
years of the need for sports fields. He finalized by saying if there were problems, it
could be changed back.
Mayor Pringle said he had been involved with adding more sports fields for west
Anaheim. The current plan was one quarter of the easement space was designated
open space, passive use and a quarter was designated for a parking lot. Another
quarter of the easement space was to replace an existing ball field, he noted, and the
final quarter of the easement space was to add a new area where soccer could be
played. He informed that the proposal before Council only added one new sports field.
He stated that he understood that some people in the community would not be happy
with the proposal and he understood that it could have an impact on their backyards.
The plan did not include additional lights, no additional bathrooms, an eight foot wall
and additional trees. He said he saw a need for additional parking at the Haskett
Library, a need to expand the library, saw a need for the Magnolia School District
additional parking, a variety of needs and the proposal allowed for some of that to be
addressed. He said that more discussion would occur later in the meeting when
Council considered the budget. There was one million dollars in the budget for sports
field development in various parts of the City and one area he had heard continuously
about was where Magnolia High School stood in developing their fields. Mayor Pringle
stated that one-half million dollars to begin that process could address developing a
ANAHEIM CITY COUNCIL MEETING MINTUES
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PAGE 11
plan and move forward in addressing some of the construction needs on that property.
He said he would support the plan that was before Council but also ask Council to
consider using half of the money set aside for sports fields just for Magnolia High
School project this year and work to develop bringing about a sports complex there and
not a park within a neighborhood that would impact many neighbors. He noted, as
Council Members Tait and Chavez said, this decision was retractable, it could be
changed if needed in a year. He said he did not support the motion to postpone the
item, he wished to move forward now. He also wanted to speak to the school district
and work with them on improving their fields.
Council Member McCracken said when the City had been looking at the uses under
high power lines, they were looking at them as trails, bike trails, places to connect
between areas, and for parking. She said the current plan was not what the residents
were lead to believe would happen there. She said the plan should balance the needs
and said she agreed with Council Member Hernandez that maybe the City did need to
replace the t-ball field and possibly they did not need two soccer fields. She clarified
that there was no talk of putting fields under the electric lines when the expansion plan
was first brought up. She felt there should be more talking done on the issue, the grant
was not requested to put in ball fields, the City asked for the money to improve the park.
She noted she would support Council Member Hernandez's motion to return to the
drawing board and come out with a compromise.
Roll call vote on the motion to delay Item A 19 for further study: Ayes - 2; Council
Members McCracken and Hernandez. Noes - 3; Mayor Pringle, Council Members
Chavez and Tait. Motion denied.
Council Member Tait moved to approve Item A19, seconded by Mayor Pringle. Roll
Call vote: Ayes - 3; Mayor Pringle, Council Members Tait and Chavez. Noes - 2;
Council Members McCracken and Hernandez. Motion carried.
128 A27. Approve the fiscal year 2002/03 net write-off of electric and water uncollectible
customer accounts totaling $493,622.
Council Member Hernandez asked Marcie Edwards, General Manager of Public
Utilities, what the City's uncollectibles were last year to compare them to this year.
Marcie Edwards said the net un-collectibles went from .21 % of sales of about $312
million to .16%. She noted it usually ran close to that range but staff had been steadily
bringing down issues that were related to residential issues largely by refining the credit
structure and by requesting deposits from those that appeared to be a greater credit risk
and not asking those who had an adequate credit history. Commercially it was hard to
tell from year to year and was usually a reflection of the economy, she noted.
Council Member Hernandez asked how the Helping Hands Program affected it.
Marcie Edwards responded that there were a variety of programs that were available to
help reduce the net un-collectibles; a low income senior program, a low income disabled
ANAHEIM CITY COUNCIL MEETING MINTUES
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PAGE 12
program, also the Helping Hands Program which was administered through the
Anaheim Community Foundation where grants were given between $30,000 to $50,000
per year for utility bills. She explained that the utility itself set aside certain amounts of
money for high profile events, as an example, after September 11 th, they set aside
$30,000 to help pay the bills of those who had been displaced by the reduction in
tourism and had lost jobs in Anaheim. Finally, she noted, they had a fairly substantial
referral to federally funded programs as well as local non-profits and church programs
that were available.
Council Member Hernandez moved to approve Item A27, seconded by Council Member
McCracken. Roll Call vote: Ayes - 5; Mayor Pringle, Council Members Tait,
McCracken, Hernandez and Chavez. Noes - 0 Motion carried.
128 A28. Approve the fiscal year 2002/03 write-off of uncollectible miscellaneous accounts
receivable totaling $799,395.73.
Council Member Hernandez asked what was the single entry of electrical engineering
for $44,000 and how it came about.
Gary Johnson responded that was the result of a couple of bankruptcies, the City was
not in the habit of writing off those items and that they were still being pursued in
bankruptcy court.
Council Member Hernandez said that was one of the particular aspects of the item he
wanted people to know about, it looked like the City lost a lot of money, but it was an
accounting thing, staff will continue to pursue this.
Marcie Edwards added that out of the bankruptcies listed, there had not been any plans
of reorganization filed and they would be in the mix when they come up.
Council Member McCracken wanted to verify that the accounts that filed bankruptcy
would be pursued through the courts, to which Mr. Sweeney responded that was
correct.
Council Member McCracken moved to approve Item A28, seconded by Council Member
Tait. Roll Call vote: Ayes - 5; Mayor Pringle, Council Members Tait, McCracken,
Hernandez and Chavez. Noes - O. Motion carried.
129 A32. Direct the Fire Chief to prepare, for subsequent City Council consideration, an
amended emergency medical service fee schedule that would consolidate
existing Advanced Life Support and Basic Life Support fees at a level sufficient to
recover the City's cost of service (continued from the Council meeting of June 10,
2003, Item A6).
City Manager Morgan stated that Item A32 was a recommendation to direct staff to
pursue the analysis and recommend an update to paramedic fees. He noted this
brought the City's basic life services to a single fee and also updated the amounts that
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PAGE 13
were charged for those fees, which had not been updated since 1989. He explained
that this was not a request for Council to approve that action, staff was asking for
direction to pursue the action.
Council Member Chavez said he had serious concerns. He said what was being
proposed was for basic life support services that the charge be the same as for
advanced life support and, he felt there was a major difference. An example of
advanced life support was if someone had a heart attack they would get a code three
response with a paramedic unit and an ambulance unit. The basic life support service
was if a child fell off a bicycle and someone called 911 because he/she may be injured,
the Fire Department would dispatch a truck company without red lights and sirens. He
said it was a vast difference in response and yet what was being recommended was
that the fee be the same, $300. He added that most people have insurance which
covered it and the people who would be paying the fees were the poor. A fee going
from $150 to $300 for a family that was working just a little above minimum wage, was a
great difficulty, he added. He noted it would raise approximately $400,000 but he said
he was fundamentally against it.
Fire Chief, Roger Smith, explained the difference between the two services. He noted
the subtle difference between the two services could be quite narrow in comparison to
the two examples that Council Member Chavez gave. From a basic skill, he explained,
someone who thought that they were having a diabetic problem and may need to have
their blood sugar checked, currently paramedics were the only authorized personnel
who could do that. While it was a simple procedure to perform, it required an advanced
life support assessment and services by the City's paramedics. In many cases on the
City's fire equipment, due to staffing on the basic life support units, or EMT units,
paramedics would be working those days.
Mayor Pringle stated that there were professionals that go out on a job, they did not
necessarily perform the same level of care.
Chief Smith stated that when they looked at the methodology used, taking in the factors
of the number of advanced life support calls and the number of basic life support calls,
the cost to provide the response was the same.
Mayor Pringle asked if the charge was for the call or for the service.
City Manager Morgan said it was to recapture the cost of responding to the call. He
suggested staff could return to Council with an option of updating the two separate
charges, including protection for the people Council Member Chavez referred to.
This was an area the City was significantly under the market, he noted.
Mayor Pringle asked why the information only showed two Orange County cities and not
all the cities. He said there were only two out of 12 cities shown that a $300 rate would
be under.
ANAHEIM CITY COUNCIL MEETING MINTUES
JUNE 17, 2003
PAGE 14
Chief Smith said that the historical perspective of how some of the fees were
established, including the City's, was that the method was not really developed by many
of the cities when they first established the rates. They were not based on the concept
of recovering their expenses to their programs in total, they were fees that were
comfortable to the officials at the time. What was before the Council now was a
methodology that had been worked through to show what the expense of the service
was and staff's suggested fee to recover the actual costs.
Council Member Hernandez asked Chief Smith when the original charges were created.
Chief Smith stated that program was initiated in 1985 and the fees were half of what
they were now, he thought they were $75 and $125. In 1989, an adjustment was made
to the current $150 and $250, he explained.
City Manager Morgan requested that this issue return with the thought of not combining
the two fees and to supply some more information on what the market was for them as
separate entities.
Mayor Pringle noted that Council was in agreement for staff to return with more
information and alternatives.
Mayor Pringle noted that in the next several Council meetings there would be a lot of
appointments and that those who were interested should make sure that their
application had been sent in. If there was not an application on file, he suggested it
would be helpful if the person making the nomination give a brief introduction on their
recommendation.
lOt; A38. Consider appointing a citizen to serve on the Golf Commission for a full four-year
term, which will expire June 30,2007 (continued from the Council meeting of June 10,
2003, Item A37).
Council Member Chavez nominated Tom Kresal.
Council Member McCracken nominated Dean Olsen.
Roll call vote on Tom Kresal: Ayes - 3; Mayor Pringle, Council Members, Tait, and
Chavez. Noes - 1; Council Member Hernandez. Abstain - 1: Council Member
McCracken. Motion carried to appoint Tom Kresal.
Roll cal vote on the nomination of Dean Olsen: Ayes - 2; Council Members Hernandez
and McCracken. Noes - 2. Mayor Pringle and Council Member Tail. Abstain: - 1:
Council Member Chavez. Motion defeated.
105 A39. Consider appointing two citizens to serve on the Budget Advisory Commission,
one appointment to take effect on June 17, 2003 and expire on June 30, 2006
ANAHEIM CITY COUNCIL MEETING MINTUES
JUNE 17, 2003
PAGE 15
and the second appointment to take effect on July 1, 2003 and expire on June
30,2007 (continued from the Council meeting of June 10, 2003, Item A38).
Council Member Chavez nominated Ed Perez.
Council Member McCracken nominated Lee Nguyen.
Roll call vote for Ed Perez: Ayes - 4; Mayor Pringle, Council Members, Tait, Hernandez
and Chavez. Noes - 1: Council Member McCracken. Motion carried to appoint Ed
Perez.
Roll cal vote for Lee Nguyen: Ayes - 3; Council Members Hernandez, Tait and
McCracken. Noes - O. Abstain - 2: Mayor Pringle and Council Member Chavez.
Motion carried to appoint Lee Nguyen.
105 A40. Consider appointing two citizens to serve on the Investment Advisory
Commission, both terms to expire June 30, 2007.
Council Member Tait nominated Jim Riley and Council Member McCracken inquired
about Mr. Riley's qualifications. Council Member Tait suggested the item be continued
to July 8, 2003 meeting to verify his qualifications.
This item will be continued to July 8, 2003.
105 A41. Consider re-appointing appointing two citizens to serve on the Public Utilities
Board for two full four-year terms, which will expire on June 30,2007.
Mayor Pringle offered into nomination the reappointment of John Elwell, a current
member of the Public Utilities Board and continuance of the second slot to the July 8,
2003 Council meeting.
Council Member Hernandez nominated Bill Taormina.
Council Member McCracken nominated Roger Dittman.
Roll call vote of John Elwell: Ayes - 5; Mayor Pringle, Council Members Hernandez,
Tait, Chavez and McCracken. Noes - O. Motion carried.
Roll call vote on the nomination of Bill Taromina: Ayes - 2; Council Members Chavez
and Hernandez. Noes - O. Abstain: - 3; Mayor Pringle and Council Members Tait and
McCracken. Motion defeated.
Roll call vote on the nomination of Roger Dittman: Ayes - 1; Council Member
McCracken. Noes - O. Abstain - 4; Mayor Pringle and Council Members Chavez, Tait
and Hernandez. Motion defeated.
ANAHEIM CITY COUNCIL MEETING MINTUES
JUNE 17,2003
PAGE 16
Mayor Pringle stated the second position of the Public Utilities Board would be
continued to the July 8, 2003 Council meeting.
105
A42. Consider re-appointing/appointing three citizens to serve on the Senior Citizen
Commission for full three-year terms, which will expire June 30, 2006.
Council Member Hernandez nominated Don Baldwin but was withdrawn because he
had already served two consecutive terms.
Council Member McCracken nominated the reappointment of Pauline Berry.
Council Member Chavez asked that the two positions be tabled until the July 8,2003
meeting.
Roll call vote on the reappointment of Pauline Berry: Ayes - 4; Mayor Pringle ,Council
Members Chavez, Tait and McCracken. Noes - O. Abstain - 1; Council Member
Hernandez. Motion carried.
Mayor Pringle explained that the two appointments would be held over until July 8,
2003.
105
A43. Consider appointing three citizens to serve on the Planning Commission, two
with four-year terms, which will expire June 30, 2007 and one to complete the
unexpired term due to expire June 30, 2005.
Mayor Pringle asked if he could make an appointment out of order for James Vanderbilt
for a term of two years to expire on June 30, 2005. He explained that there was an
opening to complete the unexpired term of Phyllis Boydstun to June 30, 2005 and Mr.
Vanderbilt, a current member of the Commission who's term expires June 30, 2003,
expressed a desire to be considered to complete Ms. Boydstun's term. Mayor Pringle
moved to reappoint Mr. Vanderbilt to complete Ms. Boydstun unexpired term, to June
30, 2005 and to assume that term on July 1, 2003.
Council Member Tait moved to reappoint Jerry O'Connell for a term that expires on
June 30, 2007.
Council Member Chavez nominated Cecilia Flores for a term that expires on June 30,
2007.
Council Member McCracken nominated Farid Cohen for a term that expires on June 30,
2007.
Roll cal vote on the nomination of James Vanderbilt to serve a two year term that
expires on June 30 2005: Ayes - 5; Mayor Pringle, Council Members Chavez, Tait,
McCracken and Hernandez. Noes - O. Motion carried.
ANAHEIM CITY COUNCIL MEETING MINTUES
JUNE 17,2003
PAGE 17
Roll call vote on the nomination of the reappointment of Jerry O'Connell for a term to
expire June 30,2007: Ayes - 3; Mayor Pringle, Council Members Chavez and Tait.
Noes - O. Abstain - 2: Council Members Hernandez and McCracken. Motion carried.
Roll cal vote on the nomination of Cecilia Flores for a term to expire June 30, 2007:
Ayes - 3; Mayor Pringle, Council Members Chavez and Tait. Noes - O. Abstain - 2:
Council Members Hernandez and McCracken. Motion carried.
Roll call vote on the nomination of Farid Cohen for a term to expire June 30, 2007: Ayes
- 3; Council Members Chavez, McCracken and Hernandez. Noes - O. Abstain - 2;
Mayor Pringle and Council Member Tait.
Mayor Pringle announced that there were two openings on the Planning Commission
and three candidates received three affirmative votes. He called for a revote on the two
openings.
Roll call vote on the reappointment of Jerry O'Connell for a term to expire June 30,
2007: Ayes - 3; Mayor Pringle, Council Members Chavez and Tait. Noes - O. Abstain
- 2; Council Members Hernandez and McCracken. Motion carried.
Roll call vote on the nomination of Cecilia Flores for a term to expire June 30, 2007:
Ayes - 3; Mayor Pringle, Council Members Chavez and Tait. Noes - O. Abstain - 2;
Council Members Hernandez and McCracken. Motion carried.
Roll call vote on the nomination of Farid Cohen for a term to expire June 30, 2007: Ayes
- 2; Council Members McCracken and Hernandez. Noes - O. Abstain - 3; Mayor
Pringle and Council Members Tait and Chavez. Motion defeated.
Mayor Pringle announced that Mr. O'Connell and Ms. Flores were appointed to the
Planning Commission for four year terms which would expire June 30, 2007 and Mr.
Vanderbilt was reappointed to a two year term, completing Ms. Boydstun's unexpired
term, to expire June 30, 2005.
105 A44. Consider re-appointing/appointing three citizens to serve on the Community
Services Board for four-year terms, which will expire June 30, 2007.
Council Member Tait asked for a continuation until the July 8,2003 Council Meeting as
he is waiting for an application.
Mayor Pringle, hearing no objection, announced that the item would be continued to the
July 8, 2003 Council meeting.
Public Hearings:
000/106 A45. Public hearing on 2003/04 budget and budget appropriation limits (Items A - D)
and changes in fee schedules (Items E - R) (Continued from the Council meeting
of June 10,2003, Items A40 A-R).
ANAHEIM CITY COUNCIL MEETING MINTUES
JUNE 17, 2003
PAGE 18
A. RESOLUTION NO. 2003R-116 RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM adopting the annual appropriations limit for the fiscal
year 2003/04.
B. RESOLUTION NO. 2003R-117 RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM adopting the Community Facilities District No. 1989-1
(Sycamore Canyon) annual appropriations limit for the fiscal year 2003/04.
C. RESOLUTION NO. 2003R-118 RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM adopting the Community Facilities District No. 1989-2
(The Highlands) annual appropriations limit for the fiscal year 2003/04.
Council Member Tait abstained on Item C (2003R-118)
D. RESOLUTION NO. 2003R-119 RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM adopting the Community Facilities District No. 1989-3
(The Summit) annual appropriations limit for the fiscal year 2003/04.
Council Member Hernandez, seconded by Council Member Chavez, moved to approve
Item A45, A through D. Council Member Tait noted he would abstain on Item A45 C
due to a conflict of interest. Roll call vote: Ayes - 5; Mayor Pringle, Council Members
McCracken, Tait, Hernandez, Chavez. Noes - O. Council Member Tait abstained on
Item A45 C because he lived in that district. Motion carried.
Mayor Pringle asked City Attorney White to clarify, sometime in the future, if Council
Member Tait, who also lived in the City and would vote on issues dealing with the City
at large, needed to abstain on matters dealing with the City as his was not a unique
situation.
E. RESOLUTION NO. 2003R-120 RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM revising fees for services rendered by the Office of the
City Clerk and establishing the effective date of fees.
F. RESOLUTION NO. 2003R-121 RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM establishing fees to be charged for Community
Services Department programs and services commencing on September 1,
2003.
G. RESOLUTION NO. 2003R-122 RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM amending the green fees and cart rental fees to be
charged at the Dad Miller Golf Course and the Anaheim Hills Golf Course.
Council Member McCracken asked that Item G be pulled for separate discussion.
She questioned the life time golf pass policy, noting that the City Manager had the
authority to give life time golf passes to long term City officials and executives in
ANAHEIM CITY COUNCIL MEETING MINTUES
JUNE 17, 2003
PAGE 19
recognition of their service to the City. She noted it was labeled Mayors, Council
Members who had served two completed terms and executives managers who had
more than 20 years of service. She asked why Mayors did not have to complete two
terms.
City Manager Morgan stated that Council's in the past had done this in a more random
fashion, there had not been a specific policy limiting it in any fashion. As a practical
matter in the past, he noted that there had been Mayors who had served a single term
and who had been granted the privilege and all the Council Members that he had
knowledge of had served two terms. On the staff side, he had seen executive
managers with as few as seven years been given the privilege. He noted this was an
attempt to increase the bar on that and was reflective of what the practice had been.
Council Member McCracken asked that Item G be removed from the Agenda.
Council Member Hernandez moved to approve Item A45, E through R, minus G,
seconded by Council Member Chavez. Roll Call vote: Ayes - 5; Mayor Pringle, Council
Members Tait, Chavez, Hernandez and McCracken. Noes - O. Motion carried.
H. RESOLUTION NO. 2003-123 RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM approving and adopting the recommendation of the Library
Board of the Anaheim Public Library to establish, increase and/or decrease
certain fines and fees.
I. RESOLUTION NO. 2003R-124 RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM establishing the amount of the park in-lieu fee and
rescinding Resolution No. 2002R-128.
J. RESOLUTION NO. 2003R-125 RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM adjusting the amount of the fee for the public library
facilities plan for the East Santa Ana Canyon area.
K. RESOLUTION NO. 2003R-126 RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM establishing a schedule of rates to be charged for rental
of space and for certain labor, equipment and services at the Anaheim
Convention Center.
RESOLUTION NO. 2003R-127 RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM establishing rates to be charged for licensing and for
certain labor, equipment and services at City parking lot events at Edison
International Field of Anaheim.
L. RESOLUTION NO. 2003R-128 RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM revising fees for services rendered by the Fire
Department and establishing the effective date of fees.
ANAHEIM CITY COUNCIL MEETING MINTUES
JUNE 17, 2003
PAGE 20
M. RESOLUTION NO. 2003R-129 RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM amending fees and penalties in connection with
implementing the Unified Hazardous Waste and Hazardous Material
Management Regulatory Program Act.
N. RESOLUTION NO. 2003R-130 RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM adopting new fee schedules for building and
construction.
RESOLUTION NO. 2003R-131 RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM adopting new fee schedules for Zoning, Environmental,
Planning and Code Enforcement petitions, permits, approvals, appeals and
inspections.
O. RESOLUTION NO. 2003R-132 RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM adopting a new schedule of sanitation charges.
P. RESOLUTION NO. 2003R-133 RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM adopting new fee schedules for the Public Works
Department of the City of Anaheim.
a. RESOLUTION NO. 2003E-134 RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM adopting a fee schedule for inspections required to
enforce the national Pollution Discharge Elimination System for new construction.
R. RESOLUTION NO. 2003R-135 RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM amending rates, rules and regulations for the sale and
distribution of electricity and water as adopted by Resolution Nos. 71-478 and
72-600 and most recently amended by Resolution Nos. 2001 R-192.
Council Member Tait moved to approve Item A45, G, seconded by Mayor Pringle. Roll
call vote: Ayes - 3; Mayor Pringle, Council Members Tait and Chavez. Noes - 2;
Council Member McCracken, Hernandez. Motion carried.
G. RESOLUTION NO. 2003R-122 RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM amending the green fees and cart rental fees to be
charged at the Dad Miller Golf Course and the Anaheim Hills Golf Course.
Council Member Chavez whished to comment on one Fire Department budget item. He
explained that he was concerned with the elimination of two or three positions in fire
prevention, which cut the bureau in half. He said he had concerns with the staffing level
and would work hard to return the bureau to full staffing.
The next item to be considered was the motion to adopt the Fiscal Year 2003-2004
budget.
ANAHEIM CITY COUNCIL MEETING MINTUES
JUNE 17, 2003
PAGE 21
Council Member McCracken moved to adopt the Fiscal Year 2003/04 budget, seconded
by Council Member Tait.
Mayor Pringle stated that he wanted to add to the budget specific language to ensure a
significant portion of the sports facility dollars set aside for park development in this
budget was directed towards planning and development of sports facilities at Magnolia
High School. He said he did not want to put a specific amount on that, it had always
been a priority on Council's list. He said he wanted to assure that the community was
aware that there was no lack of commitment on behalf of the City to continue to address
sports field needs in west Anaheim. This was an addition to the motion to adopt the
2003/04 budget as stated above.
Mayor Pringle and various Council Members thanked staff for a very professional
presentaion, yet tough budget year.
Council Member Hernandez said that he would abstain from voting on the budget
because he had missed the June 10, 2003 Council Meeting due to pressing issues that
dealt with medical problems and for that reason he had to miss one budget workshop.
Roll call vote on the adoption of the Fiscal Year 2003/2004 budget and Mayor Pringle's
amendment, Ayes - 4: Mayor Pringle, Council Members McCracken, Tait, Chavez.
Noes - O. Abstain: 1; Council Member Hernandez. Motion carried.
Report on Closed Session Actions:
City Attorney Jack White said there were two items to report, the first was that City
Council this date authorized the City Attorney to filed a cross complaint against Poulk
and Steinley in the case of Decina vs City of Anaheim, Case 03CC04902 with the vote
being all ayes.
The second matter, he reported was that the City Council authorized the City Attorney
to file a petition for hearing with the California Supreme Court in the case of City of
Anaheim vs Pacific Bell, Case 00CC07829, the vote by the City Council was 4 ayes,
with Council Member Tait abstaining due to a conflict of interest.
Council Communications:
Discussion of Board and Commission reorganization (requested by Mayor Pringle at the
Council meeting of June 3, 2003).
Mayor Pringle indicated that the discussion be continued to the July B, 2003 meeting, or
later.
Council Member Hernandez recognized the passing of four retired City employees.
Mayor Pringle noted that an item that he had brought up before and did not get much
positive return on and now was pressed in terms of time was the Orange County
Sanitation District would be voting on one of the largest tax increases that the County
had seen, before the Council reconvened on July 8, 2003. He had asked the City's
representative to provide feedback. He noted it was probably beyond the City's
opportunity to influence that, but part of Council's collective job was to be watchful on all
ANAHEIM CITY COUNCIL MEETING MINTUES
JUNE 17, 2003
PAGE 22
of these areas in which the City had board representation and vote. He noted that
Council Member McCracken was the chair of the Sanitation District and he wished to
know where the voting presently stood in terms of the proposal.
Council Member McCracken said she asked the City Manager if she could bring the
Chief Executive Officer of the Sanitation District to a City Council meeting so that some
of the questions could be answered publicly, but it was budget time and Council had all
of the hearings. She explained that the Orange County Sanitation District Board, at it's
last meeting, had first reading of the ordinance, reduced the increase to single family
homes at $12.50 per year on property taxes. She noted it would be increased another
$6.00. She explained the reasons for the increase were multiple, the infrastructure
which exists and processes sewage was an aging system which needed to be replaced.
The permit for the processing of the Orange County sewage expired on June 30, 2003
and they had to apply for a new permit from the United States government under the
Clean Water Act which was created in 1972. Since 1972, she added, the Orange
County District had been operating under a waiver, which meant they had not been
doing what was expected and was one of six sanitation districts in the country that had
not reached the standards that the Clean Water Act called for. She indicated that the
decision was made by the Board to, in its new permit. work towards reaching those
standards and it would still take them almost 10 years to get there. The reason they
made this action now was because any application for that permit would have been
challenged in the courts by supporters of clean beaches and clean water. She added
that they were working with the water district on a reclamation project which by 2005
would reclaim 72 million gallons of water a day and process it so that it is as pure as
bottled water and be able to put it into the underground water basin. With additional
phases which needed secondary treated water would add 250 million gallons to the
water source. She said it took time, money and planning and that was the reason for
the increase at this time. It was a five year increase, she informed, and if the
reclamation project was on time and on budget, the citizens would not necessarily see
any additional increases over the next term of the project. Currently, citizens paid
$87.50 for a single family home for sewage treatment, which was on property taxes.
She noted that there was talk that there was 400 million dollars in reserves, and when
the reserves were broken down, part was operating expenses and monies that were set
aside for special projects and 200 million dollars was what was borrowed. The
Sanitation District had worked very hard to balance the issues and to plan for the future
and to provide part of north Orange County services, she said. An article would appear
in the Sunday, June 22, 2003 paper that would answer questions regarding the increase
and a hearing would take place on June 25, 2003 at the Orange County Sanitation
District in Fountain Valley at 7:00 P.M. She went on to say that 96% of cities in the
country had higher rates than $87.50.
Mayor Pringle expressed that this represented how an organization really was not
addressing the long term needs of the county. He said it was easier to break out the
cost of an individual home but not for the small businesses. He stated his concern that
Council Member McCracken's approval of the tax increase would reflect negatively on
him because he would not have been in favor of the present fee structure. He said
Council Member Hernandez sent a letter to the Sanitation Board asking to be put on
record that he was not in favor of the tax increase.
ANAHEIM CITY COUNCIL MEETING MINTUES
JUNE 17, 2003
PAGE 23
Council Member Hernandez said he was very dismayed at the vote of approval for the
increase. He said he sent a letter to everyone who voted against it, doing it on his own
and independently. He said they needed to be aware of the impact on low income
families who were going to get that cost, noting the landlord would pass it on to the
people who could afford it the least.
Adiournment:
There being no further business to come before the City Council, Mayor Pringle
adjourned the meeting at 8:34 P.M.
Respectfully submitted:
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Sheryll Schroeder, CMC
City Clerk