2003/08/26
ANAHEIM CITY HALL, ANAHEIM, CALIFORNIA
AUGUST 26, 2003
The City Council of the City of Anaheim met in adjourned regular session. The Notice
of Adjournment was posted at 3:00 P.M. on August 26,2003 on the exterior door of the
Anaheim Council Chambers, announcing the adjournment to August 26,2003 at 3:30
P.M. due to a lack of quorum.
PRESENT: Mayor Curt Pringle, Council Members: Shirley McCracken, Bob
Hernandez, Tom Tait and Richard Chavez.
STAFF PRESENT: City Manager Dave Morgan, City Attorney Jack White, and City
Clerk Sheryll Schroeder.
A copy of the agenda for the meeting of the Anaheim City Council was posted on
August 22, 2003 at the City Hall outside bulletin board.
WORKSHOP:
At 3:40 P.M., City Manager Dave Morgan introduced the workshop for CDBG Citizen
Participation Modifications and Community Development Executive Director, Elisa
Stipkovich and Steve Swaim, Community Services Superintendent presented a
powerpoint presentation, which is available in the City Clerk's Office. This item was
represented on the Consent Calendar of the same meeting as Item A6.
Steve Swaim explained that the 30 day public comment period would begin if the plan
was approved this date and a public hearing would be scheduled.
Mayor Pringle commented on elements he had concerns with, mainly with the
boundaries of the neighborhood council areas. He wondered if the new census
numbers would be included in the existing areas. Ms. Stipkovich said she felt there
would be more "blue" areas, indicating there would be more eligible areas.
Mayor Pringle inquired about using arbitrary lines that were established for police
enforcement areas as the only lines to be considered when creating the districts.
City Manager Morgan said he did not believe staff was tied to those boundaries. He
added that if there was better logic to preserve some of the existing structure on citizen
participation, staff could reconsider the police district boundaries.
Steve Swaim said he thought there were about four neighborhood councils that were
being split; North, Citron, Walnut. He said that was something staff could consider,
trying somehow to preserve them.
Mayor Pringle said the North Anaheim neighborhood was one that he would look to,
also the Citron-Haster area.
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Mayor Pringle noted that some of his concerns were the territory aspects and also the
governance structure and he wondered about presenting the current plan, getting it
back with the comments, and going through them.
Ms. Stipkovich explained staff was in an awkward position; they had a plan in place that
said they should be holding meetings on the old structure. She said the Council could
terminate the old plan so the city was not in violation of their own plan but have a limbo
period where they were still working on the new plan.
Mayor Pringle noted the existing structure of the Community Development Advisory
Board was the six-neighborhood councils each had two members, noting that the
existing neighborhood councils did not necessarily reflect their service area let alone the
service area that would be served. There were board and commission representatives
that were designated by the board and commission members. He asked where the
Council direction or other direction was in the present CDAB process. He said the
board and commission members did not necessarily represent the Council and he
suggested looking at the Housing and Redevelopment Commission and possibly
breaking off the housing function of that commission and combining the community
development and housing in one entity and having direct appointments from Council
and also neighborhood council appointments in that new structure. He said he felt there
was value in having people focus on a singular mission. He said he envisioned a
Housing and Community Development Commission that would have the Council
appointing a few members as well as at least four members coming from the
neighborhood councils.
Council Member Chavez asked how the area of Orangewood/Haster and Anaheim
Boulevard and Crescent and Magnolia, which looked like islands, were represented.
Mr. Swaim said they were part of neighborhood councils. He said he was concerned if
the area was being increased and the community representation was being decreased.
Ms. Stipkovich responded that staff was attempting to make the board more
streamlined, from 19 members to nine.
Council Member McCracken said the neighborhood councils had been evolving over
years. She noted that the neighborhood service districts were larger but had a lot of
staff support. With the new census material coming, she suggested that both be
reorganized, looking to the history of how they were formed.
City Manager Morgan said he felt Council direction was to have staff look for a way to
redesign the boundaries to respect some existing boundaries and to not disrupt citizen
groups as much as possible. He also said he had heard concerns on the committee
structure, which staff will take into consideration. He asked staff to explain the 30-day
public input period and what the termination of the committee would do.
Ms. Stipkovich explained that if Council took part of the action on Item A6, terminate the
current plan, that would put staff in position where they were not violating their own
ANAHEIM CITY COUNCIL MEETING MINTUES
AUGUST 26, 2003
PAGE 3
plan. She said the city would have another month or so, another 60 days, before staff
ran up against the time line of getting direction from the Council and community. She
explained the block grant budget had to put into the city budget, which usually took
place in January.
Mayor Pringle, referring to the structure of the committee, he said it would be nice to
have more than one representative from each of the neighborhood councils, how they
are appointed or selected could be discussed later. He said it might be that there
would not be a need to have all the other members from the other commissions. He
said he would be comfortable increasing those numbers and at the same time,
decreasing the number from commission participation, possibly even straight
appointment from the Council.
He clarified for Ms. Stipkovich that there were functions of the housing commission that
go before the Redevelopment and Housing Commission and he believed a lot of the
issues had to do with community housing needs and community housing issues. He
said the people that would be sitting at that capacity would have a connection to those
types of issues and that the Council could have a commission that oversaw the housing
issues as well as has direct community development involvement on where resources
go within each of the neighborhoods where there was need. He said he saw a direct
relationship between the two functions.
Ms. Stipkovich asked if that would be part of the larger board with the neighborhood
councils represented. He answered that what he wished to see was that as one entity,
that the Housing and Community Development Commission was the community body
that heard and made the decisions.
Council Member McCracken said a lot of the housing support came from redevelopment
funds. She noted that there had been a separate housing commission, which had to
meet with redevelopment to implement their goals.
Mayor Pringle recapped the comments, stating he wished consideration for combining
the housing function with community development, he wished to contemplate having
two members from each neighborhood council and maybe one member appointed by
the Council and one appointed by the neighborhood councils themselves and the other
one or three members to the commission appointed by the Council. He added that it
was possible to consider that the members could also be commissioners that sit on
other commissions. He said he did not want to send it out for 30 days and bring it back
in 30 days and have a new proposal.
Council Member McCracken said she agreed to increase the number of members from
the neighborhood councils and decrease the number of members of the committee.
From the audience, Seferina Garcia and Judith Serafini spoke in support of the new
composition having neighborhood representation.
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No further discussion, Mayor Pringle closed the workshop at 4:40 P.M.
ADDITIONS/DELETIONS TO CLOSED SESSION: None
PUBLIC COMMENTS - CLOSED SESSION ITEMS: None
Mayor Pringle recessed to Closed Session at 4:41 P.M. for the following purposes:
1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Section 54956.9 of the Government Code)
Name of case: In re: Ogden New York Services, Inc., et aI., U.S. Bankruptcy
Court Case No. 02-40846-cb (SDNY).
2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Section 54956.8 of the Government Code)
Property: Arrowhead Pond of Anaheim, 2695 East Katella Avenue, Anaheim,
California.
Agency negotiators: Dave Morgan, Tom Wood, William Sweeney.
Negotiating Parties: City of Anaheim, Anaheim Public Improvement
Corporation, Covanta Energy Corporation.
AFTER RECESS:
Mayor Pringle called the regular Council meeting of August 26, 2003 to order at 5:20
P.M. and welcomed those in attendance.
INVOCATION: Bishop Charles R. Darrington, The Church of Jesus Christ of Latter-
Day Saints
FLAG SALUTE: Council Member Chavez
PRESENTATIONS: None
PROCLAMATIONS AND DECLARATIONS:
Proclaiming September 17 - 23, 2003, as Constitution Week.
Proclaiming September 5,2003, as HIV/AIDS Awareness Night.
Proclaiming September 2003, as Prostate Cancer Awareness Month.
Recognizing the Kiwanis Club of Greater Anaheim on their 45th anniversary.
Recognizing Ralph Clark, Irv Pickler and Bill Marshall for their service to the Kiwanis
Club of Greater Anaheim.
Mayor Pringle recessed the Anaheim City Council until after the Anaheim
Redevelopment Agency meeting and the Anaheim Housing Authority meeting.
ANAHEIM CITY COUNCIL MEETING MINTUES
AUGUST 26, 2003
PAGE 5
Mayor Pringle called the Anaheim City Council back to order at 5:26 P.M.
Additions/Deletions to the Agenda: None
Public Comments:
James Reade spoke about the Contres family car accident.
Michael Baker of the Anaheim Girls Club noted a change from September 25, 2003 to
October 9, 2003, for the Kid Luncheon to be held at the Anaheim White House
Restaurant from 11 :30 A.M. to 1 :00 P.M.
Larry Vanderberg spoke about inadequacies of Fire Station 4.
Consent Calendar:
Mayor Pringle requested Item A6 be removed from the Consent Calendar for separate
discussion and action.
161 A6. Rescind the existing Citizen Participation Plan, adopt the interim Citizen
Participation Plan, approve the composition of the Advisory Commission and set
a public hearing on September 30, 2003 to consider amending the Consolidated
Plan Document to incorporate the new Citizen Participation Plan.
City Manager Morgan reported that the item proposed a three-part recommendation as
discussed at the earlier workshop. City Manager Morgan reiterated that the Council
wanted to rescind the existing CPP and direct staff to return in three weeks, at the next
Council meeting, with some additional ideas for process.
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156
105
Council Member Hernandez moved to rescind the existing Citizen Participation Plan
instruct staff to bring the plan back to Council on September 16, 2003, at the next
Council meeting. Seconded by Council Member Chavez. Roll call vote: Ayes - 5;
Mayor Pringle, Council Members Tait, McCracken, Hernandez and Chavez. Noes - O.
Council Member Tait declared a potential conflict of interest on Item A10 and abstained
from voting on the item.
Items A 1 - A22, Council Member Chavez moved to waive reading in full of the
ordinances and resolutions and approve the following in accordance with the reports,
certifications and recommendation furnished each Council Member and as listed on the
Consent Calendar, seconded by Council Member Hernandez. Roll call vote: Ayes - 5;
Mayor Pringle, Council Members Tait, McCracken, Hernandez and Chavez. Noes - O.
A1. Receive and file the Investment Portfolio Report for July 2003; the Crime and
Clearance Analysis and minutes of the Workforce Investment Board meeting
held June 12, 2003.
ANAHEIM CITY COUNCIL MEETING MINTUES
AUGUST 26, 2003
PAGE 6
160 A2. Authorize the issuance of a change order with Integrated Scanning of America to
increase the not to exceed amount of the purchase order from $20,000 to
$40,000 to convert the balance of the Zoning Division microfilm files to laser fiche
file format.
160 A3. Authorize the Purchasing Agent to issue multiple blanket purchase orders to the
lowest responsible bidders, in the aggregate amount not to exceed $2,058,312
(plus tax), for purchase of various sizes and types of distribution transformers for
the Public Utilities Department for the period of August 27,2003 through August
26, 2004 and authorize the Purchasing Agent to take such actions as are
necessary to allocate, administer and renew purchase orders, for up to three
additional one-year periods in accordance with Bid #6399.
A4. Approve Amendment NO.6 to Cooperative Agreement No. C-95-965 with Orange
123 County Transportation Authority.
A5. Approve the Agreement for Acquisition of Real Property-Partial Fee Taking with
158 Leslie Ray Rose Jr. and Cathleen Ann Rose, in the total purchase price of
$30,000, for the property located 233 South State College Boulevard.
182 A7. Approve the Fourth-Year Modification of the Anaheim Workforce Investment
Area Strategic Five-Year Plan and authorize the Mayor to execute the stated
modification on behalf of the City for submittal by staff to the State.
174 A8. Approve the Workforce Investment Act Program Year 2003-04 Rapid Response
Funding Applications for submittal to the State.
123 A9. Approve and authorize the Fire Chief to execute the operating plan and the
Mayor to execute the agreement with the State of California, Department of
Forestry and Fire Protection for protection of wildland areas within the City.
123 A10. Approve the Second Amendment to the Professional Services Agreement with
The Planning Center for the General Plan and Zoning Code Update Program, in
an amount not to exceed $57,100, to address amendments to the Mountain Park
Specific Plan Area as part of the City's General Plan Update Program and
associated Environmental Impact Report.
Approve the Reimbursement Agreement with The Irvine Company, in an amount
not to exceed $57,100, to provide for The Irvine Company to reimburse all costs
associated with addressing amendments to the Mountain Park Specific Plan
Area as part of the City's General Plan Update Program and associated
Environmental Impact Report.
Council Member Tait abstained.
174 A11. Accept a grant award from the California Office of Homeland Security for the
fiscal year 2003 State Homeland Security Grant Program, Part II, Critical
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179
158
123
128
179
ANAHEIM CITY COUNCIL MEETING MINTUES
AUGUST 26, 2003
PAGE 7
Infrastructure Protection and amend the Police Department's fiscal year 2003/04
budget by increasing revenues and expenses in the amount of $141 ,058.
A 12. Approve and authorize the Public Utilities General Manager to execute a service
agreement with Teshmont Consultants, Inc., in an amount not to exceed
$46,000, to determine the circuit breaker interrupting capability of all 69kV and
12kV circuit breakers in the system and identify breakers that require
replacement.
A 13. Authorize the Chief of Police to execute the Hold Harmless Agreement with
Church of Christ for the use of private property for temporary parking.
A14. RESOLUTION NO. 2003R-174 RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM (A) certifying final Environmental Impact
Report/Environmental Assessment, (B) adopting Statement of Findings and
Facts and adopting the Statement of Overriding Considerations in connection
therewith and (C) adopting Mitigation Monitoring and Reporting Program.
Approve the Gene Autry Way (West) Highway Project.
A 15. RESOLUTION NO. 2003R-175 RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM accepting certain deeds conveying to the City of
Anaheim certain real properties or interests therein (City Deed Nos. 10659,
10660 and 10661).
A 16. RESOLUTION NO. 2003R-176 RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM appointing the City Hearing Officer pursuant to Section
1.12.110 of the Anaheim Municipal Code and approving an agreement for legal
services with Victor J. Kaleta.
179
A17. ORDINANCE NO. 5886 (INTRODUCTION) AN ORDINANCE OF THE
CITY OF ANAHEIM amending the zoning map referred to in Title 18 of the
Anaheim Municipal Code relating to zoning (Reclassification No. 2001-00064,
3119 - 3169 West Lincoln Avenue).
A18. ORDINANCE NO. 5885 (ADOPTION) AN ORDINANCE OF THE CITY
OF ANAHEIM fixing and levying a property tax on full cash value of all property
within the corporate limits of the City of Anaheim for the fiscal year 2003/2004
and declaring the urgency therefore and that this ordinance shall take immediate
effect.
A full and complete copy of the ordinance is available for public review at the
Office of the City Clerk.
A19. ORDINANCE NO. 5873 (ADOPTION) AN ORDINANCE OF THE CITY OF
ANAHEIM amending the zoning map referred to in Title 18 of the Anaheim
ANAHEIM CITY COUNCIL MEETING MINTUES
AUGUST 26, 2003
PAGE 8
Municipal Code relating to zoning (Reclassification No. 2002-00075, 1126 North
Euclid) (Introduced at the Council meeting of August 19, 2003, Item A27).
179
A20. ORDINANCE NO. 5874 (ADOPTION) AN ORDINANCE OF THE CITY OF
ANAHEIM amending the zoning map referred to in Title 18 of the Anaheim
Municipal Code relating to zoning [Reclassification No. 2000-00023 (2003-
00100),501 -541 South Anaheim Boulevard and 100-142 West Santa Ana
Street, into the South Anaheim Boulevard Corridor Overlay Zone] (Introduced at
the Council meeting of August 19, 2003, Item A28).
179
A21. ORDINANCE NO. 5875 (ADOPTION) AN ORDINANCE OF THE CITY OF
ANAHEIM amending the zoning map referred to in Title 18 of the Anaheim
Municipal Code relating to zoning (Reclassification No. 2003-00104, Study Area
3) (Introduced at the Council meeting of August 19, 2003, Item A29).
ORDINANCE NO. 5876 (ADOPTION) AN ORDINANCE OF THE CITY OF
ANAHEIM amending the zoning map referred to in Title 18 of the Anaheim
. Municipal Code relating to zoning (Reclassification No. 2003-00105, Study Area
7) (Introduced at the Council meeting of August 19, 2003, Item A29).
ORDINANCE NO. 5877 (ADOPTION) AN ORDINANCE OF THE CITY OF
ANAHEIM amending the zoning map referred to in Title 18 of the Anaheim
Municipal Code relating to zoning (Reclassification No. 2003-00106, Study Area
1) (Introduced at the Council meeting of August 19, 2003, Item A29).
ORDINANCE NO. 5878 (ADOPTION) AN ORDINANCE OF THE CITY OF
ANAHEIM amending the zoning map referred to in Title 18 of the Anaheim
Municipal Code relating to zoning (Reclassification No. 2003-00106, Study Area
2) (Introduced at the Council meeting of August 19,2003, Item A29).
ORDINANCE NO. 5879 (ADOPTION) AN ORDINANCE OF THE CITY OF
ANAHEIM amending the zoning map referred to in Title 18 of the Anaheim
Municipal Code relating to zoning (Reclassification No. 2003-00106, Study Area
4) (Introduced at the Council meeting of August 19, 2003, Item A29).
ORDINANCE NO. 5880 (ADOPTION) AN ORDINANCE OF THE CITY OF
ANAHEIM amending the zoning map referred to in Title 18 of the Anaheim
Municipal Code relating to zoning (Reclassification No. 2003-00106, Study Area
5) (Introduced at the Council meeting of August 19, 2003, Item A29).
ORDINANCE NO. 5881 (ADOPTION) AN ORDINANCE OF THE CITY OF
ANAHEIM amending the zoning map referred to in Title 18 of the Anaheim
Municipal Code relating to zoning (Reclassification No. 2003-00106, Study Area
6) (Introduced at the Council meeting of August 19, 2003, Item A29).
ORDINANCE NO. 5882 (ADOPTION) AN ORDINANCE OF THE CITY OF
ANAHEIM amending the zoning map referred to in Title 18 of the Anaheim
ANAHEIM CITY COUNCIL MEETING MINTUES
AUGUST 26, 2003
PAGE 9
Municipal Code relating to zoning (Reclassification No. 2003-00106, Study Area
8) (Introduced at the Council meeting of August 19, 2003, Item A29).
ORDINANCE NO. 5883 (ADOPTION) AN ORDINANCE OF THE CITY OF
ANAHEIM amending the zoning map referred to in Title 18 of the Anaheim
Municipal Code relating to zoning (Reclassification No. 2003-00106, Study Area
9) (Introduced at the Council meeting of August 19, 2003, Item A29).
142
ORDINANCE NO. 5884 (ADOPTION) AN ORDINANCE OF THE CITY OF
ANAHEIM adding Subsection .030 to Sections 18.26.020 and 18.27.020 of
Chapters 18.26 and 18.24, respectively, of Title 18 of the Anaheim Municipal
Code relating to Anaheim Colony Historic District (Introduced at the Council
meeting of August 19, 2003, Item A29).
4 A22. Approve minutes of the Council meeting held August 19, 2003.
11
END OF CONSENT CALENDAR
105
A23. Consider appointing a citizen to serve on the Planning Commission to complete
the unexpired term of John Koos, which will expire June 30, 2006.
Council Member Tait moved that Item A23 be continued to the September 16,2003
Council Meeting. There were no objections heard.
105 A24. Consider appointing two citizens to serve on the Community Center Authority,
one term to expire June 30, 2004 and one term to expire June 30,2007. Confirm
the term expiration for Paul Kott of June 30, 2006.
Council Member Tait moved to confirm the term of Paul Kott to expire June 30, 2006,
seconded by Council Member McCracken. Hearing no objections, the motion carried.
Council Member Tait nominated Ed Munson for an appointment to expire June 30,
2007.
Council Member McCracken asked if there was a requirement to live in the City to be an
Authority Member. City Clerk and City Attorney responded that there was no residency
requirement.
Roll call vote to accept Ed Munson to the Community Center Authority: Ayes - 4;
Mayor Pringle, Council Members Tait, Hernandez and Chavez. Noes - O. Abstention-
1; Council Member McCracken. Motion carried.
ANAHEIM CITY COUNCIL MEETING MINTUES
AUGUST 26, 2003
PAGE 10
105 A25. Consider appointing two members to serve on the Sesquicentennial
Commission, terms to expire December 31,2007 [Mayor Pringle (1) and Mayor
Pro Tem Tait (1)]
Mayor Pringle and Mayor Pro Tem Tait wished to have the item continued until the next
Council meeting to be held on September 16, 2003 and hearing no objections, the item
was continued.
Public Hearings:
176
B1.
To consider the abandonment of a certain equestrian and hiking easement
located at 327 South Royal Ridge Drive.
At the meeting held August 5, 2003, Item A22, the Anaheim City Council adopted
Resolution No. 2003R-160 declaring its intention to vacate certain public streets,
highways, and service easements (Abandonment No. ABA2003-00072).
REQUESTED BY: Behzad Rezvani, 327 South Royal Ridge Drive
Anaheim, CA 92807
Natalie Meeks from Public Works said that the area was not developed into a horse trail
and the Parks Department had determined that this was not an appropriate location for
a trail and it had been dropped from the Parks and Recreation maps and plans.
Mayor Pringle opened the public hearing and hearing no testimony, he closed the
hearing.
Council Member Hernandez moved to approve Item B1, approve the CEQA Finding,
Categorically exempt, Class 5; adopt Resolution No. 2003R-177, approve the
agreement for the sale of Anaheim's real property interest in and to the proposed
abandonment area and approve the quitclaim of the City's right, title and interest in the
abandoned area to the applicant/owner. Seconded by Council Member McCracken.
Roll call vote: Ayes - 5; Mayor Pringle, Council Members Tait, Hernandez, McCracken
and Chavez. Noes - O.
Report on Closed Session Actions: City Attorney Jack White said there were no
reportable actions.
Council Communications:
Council Member Hernandez noted the passing of a retired employee, Willard Geertson.
ANAHEIM CITY COUNCIL MEETING MINTUES
AUGUST 26,2003
P AG E 11
Council Member Chavez said that the Anaheim Fire Fighters held a "Fill The Boot"
fund raiser for Muscular Dystrophy and collected $21,000 for that cause.
Council Member Chavez also noted that a fundraiser was held for Anaheim Reserve
Police Officer Ed Smith who was killed recently in the war in Iraq.
Council Member Chavez mentioned that having a fire station located at the West end of
Anaheim should be considered.
Council Member McCracken mentioned a recent magazine article about craft style
homes in the Anaheim Colony.
Mayor Pringle thanked all of the many organizations that helped make the Gymnastics
World Competition held at the Arrowhead Pond such a success.
Adiournment:
There being no further business to come before the City Council, Mayor Pringle
adjourned the meeting at 5:53 P.M.
Respectfully submitted:
/ . A:I'/ /
~~ .)6d~CL-<"
Sheryll Schroeder, CMC
City Clerk