2003/09/23
ANAHEIM, CALIFORNIA - CITY COUNCIL MEETING
Septem ber 23, 2003
The City Council of the City of Anaheim met in adjourned regular session.
PRESENT: Mayor Pro Tem Tom Tait, Council Members Shirley McCracken, Bob Hernandez
and Richard Chavez. Mayor Pringle arrived during closed session.
STAFF PRESENT: Assistant City Manager Tom Wood, City Attorney Jack White, City Clerk
Sheryll Schroeder.
A copy of the agenda for the meeting of the Anaheim City Council was posted on September
19, 2003 at the City Hall outside bulletin board.
Mayor Pro Tem Tait called the regular meeting to order at 3:11 P.M. in the Council Chambers of
the Anaheim City Hall, 200 South Anaheim Boulevard.
ADDITIONSIDELETIONS TO CLOSED SESSION: None.
PUBLIC COMMENTS - CLOSED SESSION ITEMS:
James Robert Reade and Alma Ramirez commented on concerns relating to Brian Drummond.
Mayor Pro Tem Tait recessed to Closed Session at 3:15 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: David v. Baker, et aI., United States District Court Case No. SACV 02-
827AHS (Anx); 9th Circuit Court of Appeal No. 03-55736.
2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Section 54956.9 of the Government Code)
Name of case: Vista Media v. City of Anaheim, Orange County Superior Court Cases
Nos. 81-40-50 and 00CC08157.
3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Section 54956.9 of the Government Code)
Name of case: California Federal Bank v. City of Anaheim, Orange County Superior
Court Case No. 02CC13972.
4. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Section 54956.9 of the Government Code)
Name of case: Drummond v. Anaheim Police Department, United States Court of
Appeals, 9th Circuit, Case No. CV-00-00243-AHS.
5. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: City Manager, City Attorney, City Treasurer, City Clerk
Action on salary adjustments may be taken in open session after reviews.
Anaheim City Council Meeting Minutes
September 23, 2003
Page 2
AFTER RECESS:
Mayor Pringle called the regular Council meeting of September 23, 2003 to order at 5:20 P.M.
and welcomed those in attendance.
INVOCATION:
Pastor Jimmy Gaston, Church of Christ.
FLAG SALUTE:
Council Member McCracken
PRESENTATION:
Mayor Pringle paid tribute to Father Shamus Glynn, Sr. Pastor of San Antonio Catholic Church,
celebrating his 25th anniversary at the helm of San Antonio Church and 45 years as a priest.
PROCLAMATIONS AND DECLARATIONS:
Recognitions to be presented at a later date were acknowledged:
Proclaiming October 6-10,2003, as Lawsuit Abuse Awareness Week
Proclaiming October 2003 as National Breast Cancer Awareness
At 5:26 P.M., Mayor Pringle recessed the City Council meeting until after the Redevelopment
Agency meeting.
JOINT PUBLIC HEARING:
Mayor Pringle reconvened the Anaheim City Council meeting at 5:33 P.M. for a Joint Public
Hearing with the Anaheim Redevelopment Agency to consider approving a Disposition and
Development Agreement with Trucor, Inc. for the Broadway Historic Preservation Project.
Executive Director of Community Development, Elisa Stipkovich indicated the item was a
request to approve a Disposition and Development Agreement with Trucor, Inc. to be approved
by the Agency and by the City Council to sell the properties at 208, 218 and 224 East Broadway
to the developer, Trucor, Inc. Ms. Stipkovich indicated the City had negotiated with the
developer for the level of rehabilitation of those three historical homes. She stated the homes
were purchased for $800,000 and the developer was requested to perform significant historical
restorations in the amount of $792,000. There was a minimum sale price of $317,000 based on
the absolute threshold level of resale and a participation additional price the developer would
pay the city which was 75% of everything above those threshold numbers. The agreement
required the developer to list those properties.
Ms. Stipkovich requested that the second sentence of Section 9.3, page 10 of the Agreement,
be changed to reflect the prices for which the developer would list the homes which was meant
to be a minimum. She also stated that if the homes did not sell at those prices, the developer
would come back to the city and ask for a reduction on a 30-day basis. In this way, the Agency
would get the maximum participation as possible.
Ms. Stipkovich recommended the project be approved from an historical preservation standpoint
but also as it benefited Project Alpha which was across the street from the location.
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September 23,2003
Page 3
Mayor Pringle inquired if there was any scenario by which the City would break even. Ms.
Stipkovich stated if the sales price for all three homes would be higher than the estimated
values by $150,000 total, the Agency would break even. To Mayor Pringle's question that with
the starting level on Section 9.3 of the Agreement totaling to all three homes selling for
$1,540,00, what would total return back to the City be, Ms. Stipkovich replied $639,000.
Mayor Pringle opened the public hearing and hearing no testimony, closed the public hearing.
Council Member Tait moved, seconded by Council Member McCracken, to approve the
Disposition and Development Agreement between the City of Anaheim and Trucor, Inc. for the
Broadway Historic Preservation Project. Roll Call vote: Ayes - 5; Mayor Pringle, Council
Members McCracken, Tait, Hernandez, Chavez. Noes - O. Motion carried.
ADDITIONS/DELETIONS TO AGENDA: None.
PUBLIC COMMENTS:
Mayor Pringle welcomed students from Loara High School.
James Robert Reade commented on police issues.
Kathy Wright read correspondence received from Brian Valente, David Pencott, Glenda Bridges
and Carolyn Pelt thanked the City for help and support in getting the Burlington Northern Santa
Fe Corridor Soundwall project built and improving the quality of life for nearby residents.
Laurie Galloway spoke in favor of increasing bilingual officers, firefighters and paramedics as
well as creating a social service component to be established within the Police Department.
Gene Kusaka and Larry Vandenberg spoke of residential permit parking concerns if the existing
residential permits were to be revoked. Mayor Pringle and City Attorney Jack White indicated
that there was no component in the residential permit parking program to revoke any existing
parking permits. Mayor Pringle recommended Mr. Kusaka and Mr. Vandenberg give their name
and address to John Lower, Traffic Manager, to keep abreast of the parking program.
The following individuals spoke in opposition to item A25 to increase bilingual speaking officers,
firefighters and paramedics: Elaine Proko, Howard Garber, Joanne Pozaro, and Elsie Reed.
The following individuals spoke in favor of item A25: Zeke Hernandez, Debbie Farris, and
Amin David.
Alma Ramirez spoke of concerns related to the Police Department.
CONSENT CALENDAR A1 - A22:
Council Member Tait said he would abstain from voting on ItemA11 due to a conflict of interest
and also requested Item A12 be removed from the Consent Calendar. Council Member
Hernandez requested removal of Item A 10 and Mayor Pringle removed Items A 16 and A 18.
Council Member Chavez moved, seconded by Council Member Hernandez, 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
118
105
133
160
100
123
123
153
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September 23, 2003
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Consent Calendar. Roll Call vote: Ayes - 5, Mayor Pringle, Council Members McCracken, Tait,
Hernandez, Chavez. Noes - O. Motion carried.
A1.
Reject certain claims filed against the City.
A2. Receive and file minutes of the Public Utilities Board meeting held August 7,
2003 and Southern California Gas Company's Notice of Proposed Changes of Gas Rates,
Application No. 03-09-008.
A3. Accept the low bid of Systems Technology Associates, in the amount of
$204,046.04 (including tax), for the purchase of two Hewlett Packard Unix servers and related
equipment for the Public Utilities Department in accordance with Bid #6413.
A4. Accept the low bid of Pak West Paper & Packaging, in an amount not to exceed
$31,060 (tax inclusive), for John Wax products for the Convention Center for a period of one
year with three one-year options to renew and authorize the Purchasing Agent to execute the
renewals in accordance with Bid #6416.
A5. Award the contract to the lowest responsible bidder, Alliance Streetworks, Inc., in
the amount of $326,291, for the Sunshine Way parkway and traffic signal improvements from
Miraloma Way to Miraloma Avenue and approve and authorize the Finance Director to execute
the Escrow Agreement pertaining to contract retention.
A6. Award the contract to the lowest responsible bidder, Nevada-BKD Corporation, in
the amount of $137,407.01, for the construction of bus-tie position at Clair Electrical Substation
and approve and authorize the Finance Director to execute the Escrow Agreement pertaining to
contract retentions.
A7. Approve the quitclaim of a portion of that certain irrevocable offer for dedication
of a six foot wide public utility easement lying within the southwest six feet of Lot 22 of Tract
16254.
158 A8. Approve the Rescission of Agreement for Dedication of Property for Easement
Purposes relating to property generally located at 891 South State College Boulevard.
170 A9. Approve the Final Map and Subdivision Agreement of Tract No. 16500 for
property located at 122 - 132 West Water Street and 123 - 133 West Stueckle Avenue.
12.3 A11. Approve the Fourth Amendment to Agreement with Tetra Tech, Inc., in an
amount not to exceed $1,277,942, for design services for the Burlington Northern Santa Fe
Corridor Soundwall Project.
174
123
Council Member Tait abstained.
A 13. Authorize the Community Services Department to accept a State grant, in the
amount of $22,781, for Neighborhood Bookmobile Connectivity.
A14. Approve the Second Amendment to Agreement with Western Youth Services to
increase their contract amount from $45,000 to $56,443, for the period of October 1, 2002
through September 20, 2003 and increase revenue and expenditure appropriations in the
amount of $11,443.
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158
179
179
130
114
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A15. Approve an agreement with the Orange County Health Services Agency, in an
amount estimated by the County of Orange to be $741,000 (precise cost to be based on field,
shelter and licensing actions), for animal control services for the period of July 1, 2003 through
June 30, 2004.
A17. RESOLUTION NO. 2003E-181 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. 10662 through 10668).
A19. ORDINANCE NO. 5887 (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. 2003-00095, 2300 West Lincoln Avenue) (Introduced at
the Council meeting of September 16, 2003, Item A22).
A20. ORDINANCE NO. 5888 (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. 2003-00096, 1218 South Beach Boulevard and 2954-
2978 West Ball Road) (Introduced at the Council meeting of September 16, 2003, Item A23).
A21. ORDINANCE NO. 5889 (ADOPTION) AN ORDINANCE OF THE CITY OF
ANAHEIM granting a franchise to Paramount Petroleum Corporation, a Delaware Corporation,
to maintain and operate pipelines for the transportation of hydrocarbon substances in Knott
Avenue (Introduced at the Council meeting of September 16,2003, Item B1).
A22. Approve minutes of the Council meeting held September 16, 2003.
END OF CONSENT CALENDAR
123 A10. Approve City-State Cooperative Agreement No. 12-439 for State oversight on
right-of-way and design activities for the Gene Autry Way (West) Interchange Project on behalf
of the City.
Russ Maguire, Deputy City Engineer, indicated the item was a cooperative agreement between
CAL TRANS and the City for oversight review design work and right-of-way work for the
interchange portion of the Gene Autry project. The interchange portion would eventually be
owned and controlled by CAL TRANS for oversight responsibilities and the contract was
mandatory.
In reply to Council Member Hernandez's request as to when the actual construction would take
place and how many trailer park and apartment residents would be displaced, Mr. Maguire
indicated there had been a number of various public workshops during the environmental review
process in which that information was disseminated. He also noted if there was anyone not
having attended the workshops, his office and project manager was available and would meet at
any time to discuss the project.
Council Member Hernandez moved to approve the City-State Cooperative Agreement No. 12-
439, Council Member Chavez seconded the motion. Roll Call vote: Ayes - 5, Mayor Pringle,
Council Members McCracken, Tait, Hernandez, and Chavez. Noes - O. Motion carried.
123 A12. Approve an agreement with the Burlington Northern and Santa Fe Railway
Company for the Burlington Northern Santa Fe Corridor Soundwall Project.
Anaheim City Council Meeting Minutes
September 23, 2003
Page 6
In answer to Council MemberTait's question, Russ Maguire indicated construction was
scheduled to begin February or March of 2004, however, the City was required to stop work for
the 4th quarter of 2004 and resume to finish the project in February or March of 2005. Council
Member Tait commended staff for their efforts on this project, as well as Kathy Wright and the
residents of that area for their commitment. He also thanked Mayor Pringle for his efforts, and
indicated the project was at a stalemate with the City of Yorba Linda until Mayor Pringle stepped
in with an innovative approach and got the project going again.
Council Member Tait moved to approve Burlington Northern and Santa Fe Railway agreement,
seconded by Council Member McCracken who apologized for the length of time it took to get
this project through.
Mayor Pringle inquired as to whether the environmental documents had been completed. Mr.
Maguire stated the environmental clearances had to be completed before the railroad would
enter into the agreement and as of August 1st, those clearances were received. Mr. Maguire
also stated the agreement would ensure that the State and Federal governments would move in
with funding. Mr. Maguire would be meeting with the CAL TRANS Commission at the end of
October, 2003 for action and then the Federal Highway would allow submittal for federal
funding. He noted construction advertisement would then be scheduled for December or
January which provided for a construction start date in February or March, 2004 with nine
months of construction on an expedited construction schedule. The plan was to start
construction in three different locations to go in different directions for the purposes of
expediting the project.
With no futher discussion, Roll Call vote: Ayes - 5, Mayor Pringle, Council Members
McCracken, Tait, Hernandez and Chavez. Noes - O. Motion carried.
Mr. Maguire indicated there was a link to the railroad sound wall on the City's website,
www.Anaheim.net that had been updated with latest newsletter for anyone wishing additional
information.
A 16. Accept a mini grant from the Office of Traffic Safety, in the amount of $50,011,
for the California Seat Belt Compliance Campaign to encourage and educate the public
regarding the benefit of wearing seat belts and amend the Police Department's fiscal year
2003/04 budget by increasing revenues and expenditures in the amount of $50,011.
Mayor Pringle indicated this item had been declined by the Council before and requested a staff
report. Tom Wood explained that the purpose of the grant would be to encourage and educate
the public regarding the benefits of wearing seat belts. By acceptance of the funds, the Police
Department's focus would be on the education of the motoring public. While officers may issue
citations if they ran into severe situations, the primary purpose would be to stress the safety
aspect of wearing seat belts and educating the public.
Since the program takes place during the Thanksgiving holidays, Mayor Pringle asked Chief
Baker if there was any way the City could be more resident/visitor friendly during this education
process by giving a notice or warning of the seat belt laws rather than to issue citations. Chief
Baker replied that officers would have the discretion to issue citations, but could combine that
with providing educational literature. Mayor Pringle indicated he would support this matter if the
intent was to educate people on seat belt awareness but if the intent was to have local
government issue citations, he would be opposed. Chief Baker replied that he would not want
to erase the enforcement part of the activity because that was part of the education process
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September 23, 2003
Page 7
spelled out by the Department of Transportation and the State of California, but was supportive
of combining that with providing educational materials. Chief Baker further stated the intent of
the legislation was enforcement and that the state of California and other states would provide
massive education efforts as well. He explained the state was looking at local law enforcement
as part of that educational process and that not everyone would be cited during that process.
Council Member Hernandez asked if information regarding programs that provide child safety
seats for those not able to afford the seats could be distributed as well. Chief Baker replied
there was no restriction as to the types of educational materials distributed and that any other
information could be disseminated as well. Mayor Pringle stated that if the Police Department's
job in taking the grant was to write tickets, he needed to know that; but, if it was education, he
felt there were other ways to successfully educate rather than write tickets. Chief Baker
responded that clearly the intent was to have enforcement activity done by the local community
in issuing citations in violation of seat belt laws.
Council Member Tait stated he would not support this item if the sole purpose was to pull people
over and issue citations for not having seat belts.
Council Member McCracken questioned the types of reporting requirements required by this
grant. Chief Baker stated that accountability of overtime hours and evidence and type of activity
would be requested in the summary report. Chief Baker also stated that observation of vehicles
and contacting drivers of vehicles was the intent of the grant. Council Member Chavez felt the
timing was wrong and that he saw the grant as somewhat of an opportunity to write citations
and he would oppose it.
Jack White responded to Mayor Pringle that the item was brought back to Council for
consideration through the City Manager's Office. Tom Wood stated his office had an assurance
from staff that the grant could be applied for and used for education purposes and only used for
ticketing when special circumstances were met. It was Mr. Wood's recommendation the item be
pulled at this time due to the confusion.
Mayor Pringle asked the City Attorney that when an item was defeated, there was a procedure
which was followed before it is brought back to Council. He indicated this item was defeated
before with the discussion being exactly the same in those instances. Mayor Pringle indicated
that since the item was defeated a month ago and remained unchanged, there was no further
action necessary.
A18. ORDINANCE NO. (INTRODUCTION) AN ORDINANCE OF THE CITY OF
ANAHEIM amending Section 10.10.130 of Title 10 of the Anaheim Municipal Code to reduce the
punishment for the first offense of removing recyclables from City containers.
City Attorney Jack White indicated the Municipal Code cites removal of recyclable items from
trash as a misdemeanor. He stated that it had been found by the courts and by his office that
the punishment was too harsh as many people do not realize that taking items from recyclable
containers was a punishable offense. Mr. White recommended the Code be amended to allow
a softer approach for first time offenders and the draft ordinance would reduce first offenders
from a misdemeanor to an infraction, which allowed imposition of a fine.
In response to Mayor Pringle's request, Mr. White stated the current ordinance was in place for
approximately 20 years and the City filed a handful of cases a year, most of which were first
offenses. Mayor Pringle inquired if the Council wished to include City Attorney discretion as it
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September 23, 2003
Page 8
applied to the second offense to choose between citation or misdemeanor. Council Members
Hernandez, McCracken and Tait concurred in providing additional flexibility to the City Attorney
on this issue and supported this common sense approach to regulations.
The item was continued for a week and will be brought back with revisions as requested.
105 A23. Consider acceptance of a draft ordinance for the development of a Cultural and Heritage
Commission.
Tom Wood stated the proposed Cultural and Heritage Commission would consolidate the City's
cultural heritage assets. He indicated Council adopted a cultural plan several years ago and
this commission would help implement the recommendations of that plan.
Council Member McCracken had been working on this project since 1994 when she came
before Council requesting a cultural commission. Council Member McCracken stated this was a
draft ordinance to allow other Council Members to offer any recommendations or suggestions. .
She stated the commission advises Council on matters concerning arts, culture and historic
preservation and also allows for a support group to have committees that deal with the museum,
art in public places, Colony House and perhaps other ethnic support groups in the community
that could then give them information, advice and direction to bring recommendations to the City
Council.
In the list of duties in the draft ordinance, Mayor Pringle would like to have the Cultural and
Heritage Commission oversee the city's cultural and historical assets including the museum,
Mother Colony House, etc. Council Member McCracken requested changing Section .020 to
be open ended so that other cultural historical committees could be created as needed. Mayor
Pringle stated that under Section .020, the second sentence should read "Separate advisory
committees may be appointed to address the needs of Mother Colony House, the Anaheim
Museum, arts in public places and other cultural or heritage issues within in the city."
Jack White responded to Mayor Pringle, that under Section .60 relating to removal, the
language addressing removal of commission members was standard language.
Mayor Pringle said as the ordinance is brought back for next weeks' agenda, he recommended
the Ordinance to dissolve the Mother Colony Advisory Commission be brought back as well
since that was part of the establishment of this commission.
City Attorney White indicated this ordinance would return with modifications next week.
156 A24. Receive and file the updated Crime Trend information (request by Council Member Tait).
Tom Wood, Assistant City Manager, indicated the crime trend information was an impressive
drop in crime extending back to 1980.
Chief Roger Baker stated the Part 1 crime per 100,000 population dropped over 50% since
1980 despite an increase in population of over 100,000. Part 1 crimes include homicide,
forcible rape, robbery, aggravated assault, property crimes, burglary theft and auto theft. Chief
Baker attributed the decrease in Part 1 Crimes to California three strikes law and the Police
Department's development of highly effective community policing programs. He reported the
violent crime clearance was the best in the 10 largest cities in the state.
Anaheim City Council Meeting Minutes
September 23, 2003
Page 9
He indicated the Police Department also participated in many public and private partnership
activities which focused public and private resources to deal with quality of life and crime-related
issues in the neighborhoods. He reported that Anaheim had an excellent reputation in the State
for criminal clearance rates and that Anaheim has more than doubled the property crime
clearance rate above the next rated largest city. The City had an 11 % annual decrease in Part
1 crime rate since January 1, 2003 through June 30, 2003.
Council Member Tait indicated he had requested this matter be agendized in response to a
news article showing an increase in crimes last year and commended Chief Baker for his
efforts.
Council Member Tait requested the statistics be brought to Council as an agenda item every six
months.
123
A25. Discuss increasing the number of bilingual police, fire and paramedic employees
(requested by Council Member Chavez).
Council Member Chavez reported that items A25 and A26 were placed on the agenda at his
request during the September 16, 2003 Council meeting as he spoke about an incident of child
abuse and death to a 1 year old infant, Samantha Rose Gutierrez. Consideration of a social
service component to the Police Department would enhance the service to the community and
help mitigate abuse. Council Member Chavez felt increasing the numbers of bilingual police,
fire and paramedic employees would enhance the quality of service to Anaheim, and noted that
nearly 50% of the community was Hispanic with 44% speaking the Spanish language. He felt
that increasing bilingual employees, not just Spanish speaking employees, would allow for
better communication and understanding to all residents and visitors.
A report offered by Chief Baker indicated approximately 29% of officers were bilingual and that
his prior statement indicating approximately 10% bilingual officers was incorrect. Chief Baker
stated that 30% of all individuals hired by Police Department since 2001 were bilingual and the
City had seen dramatic increases in that area over the last couple of years and concurred with
Council Member Chavez's statement that bilingual officers were needed.
Chief Roger Smith, Fire Department, reported that 22% of firefighters in suppression were
bilingual. Chief Smith also concurred that increasing the number of bilingual firefighters would
be beneficial to the department.
Dave Hill indicated officers receive 5% above base pay as bilingual pay and for other labor
agreements, $30 per week is given for bilingual pay. Chief Baker indicated that 30 police
dispatchers are authorized, four positions are vacant, and of those, six were bilingual. Chief
Smith stated there were twenty dispatchers in the fire department and one was bilingual.
Mayor Pringle indicated that with Anaheim's diverse population, the City should ensure that the
public utilities department, fire services, police services and general services are prepared to
serve all the people. The percentages of bilingual employees provided at tonight's meeting
appeared acceptable as long as efforts were made to recruit new employees with those skills.
Council Member McCracken recognized Chief Baker's efforts to recruit officers with bilingual
skills and suggested other opportunities to offer bilingual training for existing employees might
be investigated as well as seeking grant funds for that purpose. Council Member McCracken
suggested the Police Chief and Fire Chief return in a few months to address these issues.
Anaheim City Council Meeting Minutes
September 23, 2003
Page 1 0
Replying to Council Member Hernandez, Chief Smith stated six dispatchers were used during
peak hours. He also indicated the AT&T translation services took 3 seconds for Spanish-
speaking interpreters and 10 seconds for other languages Council Member Hernandez felt
there were an adequate number of bilingual officers and firefighters according to information
received at that meeting. Council Member Tait concurred in the value of bilingual skills in
public safety personnel.
Mayor Pringle indicated that there was support within the Council to ensure the City retain a
certain level of bilingual employees.
No action taken.
153 A26. Discuss establishment of an ad hoc committee to consider creation of a social service
component in the Police Department (requested by Council Member Chavez).
Mayor Pringle indicated he would support Anaheim becoming a model city in child abuse
response so that there was a complete protocol in place.
Council Member Chavez recommended a committee be formed with community professionals
for a 90-day period to research models throughout the country in order to form our own model,
as well as investigate funding and training of volunteers.
Council Member Hernandez recommended a workshop be scheduled for October 14, 2003
which would explain the City's current protocol as it addresses this issue. With the concurrence
of Council, Tom Wood indicated he would bring back a workshop on October 14, 2003 to
include people from the County and from other agencies to assist as well as protocols that are
used when situations are encountered as outlined by Council Member Chavez.
114 A27. Consider canceling the October 7,2003 regular Council meeting.
Mayor Pringle moved to cancel the Council meeting for October 7,2003. Council Member
Hernandez seconded the motion. Motion carried unanimously.
105 A28.
Consider appointing a citizen to serve on the Planning Commission to complete the
unexpired term of John Koos, which will expire June 30, 2006.
Mayor Pringle continued for another week.
105 A29. Consider appointing a citizen to serve on the Community Services Board to complete the
unexpired term of Larry Herschler, term to expire June 30, 2006.
In response to a question posed at the September 16, 2003 meeting, City Attorney Jack White,
indicated that no city employee can be appointed to a city board or commission.
Council Member Chavez nominated Mike Milliman for the Community Services Board and
Council Member McCracken nominated Julia Wright. Roll Call vote on Mr. Milliman: Ayes - 3,
Mayor Pringle, Council Members Chavez, Tait. Abstention -2; Council Members Hernandez,
McCracken. Noes - O. Motion carried.
Roll Call vote on Ms. Wright: Ayes - 2, Council Members McCracken, Hernandez. Abstention
- 3; Mayor Pringle, Council Members Chavez, Tait. Noes - O. Motion fails.
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September 23, 2003
Page 11
105 A30. Consider appointing a member to serve on the Sesquicentennial Commission, term to
expire December 31,2007 [Mayor Pringle]
Mayor Pringle continued item to next Council meeting.
PUBLIC HEARINGS:
179
B1.
A public hearing to amend the conditions of approval for an existing convenience market
located at 1056 North State College Boulevard to permit retail sales of beer and wine for
off-premises consumption by approval of Conditional Use Permit No. 2001-04433 and
Determination of Public Convenience or Necessity No. 2003-00012.
Sheri Vander Dussen, Planning Director stated this was a request to amend a conditional use
permit to allow beer and wine to be sold at a previously-approved convenience market. She
noted the Planning Commission approved the amendment allowing the beer and wine sales and
also approved the determination of public convenience necessity to allow the sales of alcohol in
a police reporting district that had a crime reporting rate of about city average. Ms. Vander
Dussen indicated Council set the item for public hearing based on their concern that the
Planning Commission, while approving this amendment, deleted a previously proposed
condition of approval that prohibited shopping carts for this market. Council was interested in
allowing carts only if the removal of the carts from the site could be controlled.
Ms. Vander Dussen stated staff had several discussion with the applicant in an effort to address
the issue. The applicant indicated they would only have four shopping carts and the carts would
be prohibited from being removed from the store, unless an employee accompanied the
customer and returned the cart. Staff recommended Council approve the applicant's request
and include the additional condition relative to the shopping carts.
Mayor Pringle opened the public hearing.
The agent of the store owners indicated that even before this became an issue the store
retrieved the carts because it was cost prohibitive to replace them and that this is a
neighborhood market, not a franchise.
The store owner indicated the conditions relative to the shopping carts were acceptable.
No further public comment was received and Mayor Pringle closed the public hearing.
Council Member Tait moved, seconded by Council Member Hernandez, to approve the CEQA
Finding of Categorically Exempt, Class 1 and offered Resolution No. 2003R-181 approving
Conditional Use Permit No. 2001-04433 and Resolution No. 2003R-181 for adoption.
RESOLUTION NO.: 2003R-181 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING AN AMENDMENT TO CERTAIN CONDITIONS OF
APPROVAL IN CONDITIONAL USE PERMIT NO. 2001-04433 AND AMENDING
RESOLUTION NO. PC2001-134.
RESOLUTION NO.: 2003R-181 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM FINDING AND DETERMINING THAT PUBLIC CONVENIENCE
AND NECESSITY WOULD BE SERVED BY ISSUANCE OF AN ALCOHOLIC
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September 23, 2003
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BEVERAGE CONTROL LICENSE FOR THE PREMISE LOCATED AT 1056 NORTH
STATE COLLEGE BOULEVARD, ANAHEIM, CALIFORNIA, APPLICATION NO. 2003-
00012.
Roll Call vote: Ayes - 5, Mayor Pringle, Council Members McCracken, Hernandez, Tait and
Chavez. Noes - O. Motion Carried.
134 B2. A public hearing requesting amendment of the Land Use Element Map of the General
Plan redesignating certain property located at 3601 West Ball Road from the General
Commercial designation to the Low-Medium Density residential designation.
Director Sherry Vander Dussen reported the request before Council was a general plan
amendment to redesignate a .85 parcel of land from General Commercial designation to Low-
Medium Density residential. The property was vacant and was zoned residential agricultural.
The Planning Commission recently approved a reclassification, variance and tentative tract map
for this site to allow construction of a 1 O-unit condominium project. The Commission also
recommended that the Council adopt the General Plan Amendment for this project since final
action on general plan amendments was taken by the City Council.
Mayor Pringle opened the public hearing. Hearing no further comments, Mayor Pringle closed
the public hearing.
RESOLUTION NO.: 2003R-183 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF OF ANAHEIM APPROVING AN AMENDMENT TO THE LAND USE
ELEMENT OF THE ANAHEIM GENERAL PLAN DESIGNATED AS AMENDMENT NO.
2003-00411
Council Member McCracken offered Resolution No. 2003R-183 for adoption, second by Council
Member Tait. Ayes - 5, Mayor Pringle, Council Members McCracken, Hernandez, Tait and
Chavez. Noes - 5. Motion Carried.
REPORT ON CLOSED SESSION ACTIONS:
There were no reportable actions as stated by Jack White, City Attorney.
Mayor Pringle indicated he had a motion resulting from a closed session item related to
compensation for employees. Mayor Pringle moved to increase the salary of the City Manager
by 4%, the City Attorney by 3%, the City Treasurer by 3% and the City Clerk by 3%, seconded
by Council Member Chavez. Roll Call vote: Ayes - 5, Mayor Pringle, Council Members
McCracken, Hernandez, Tait and Chavez. Noes - 5. Motion Carried.
COUNCIL COMMUNICATIONS:
Council Member Hernandez noted the August 2ih passing of Mr. James Thalman, a police
officer for the Anaheim Police Department from 1960-1987. Mr. Thalman had been serving as
the mayor of Chino Hills, a tribute to his continued dedication to public service.
Council Member Hernandez requested staff agendize an item concerning the amount of stipend
given to various festivals put on in the City. Council Member Tait indicated that the City
currently contributes $5,000 to events such as the Children's Art Festival, Cinco De Mayo, the
Christmas tree lighting, the Fall Festival and the 4th of July celebration. The City had been
Anaheim City Council Meeting Minutes
September 23,2003
Page 13
allotting the same amount of money for approximately 20 years but had not addressed the
increase in fees that organizations puting on these events are charged. He noted that City fees
had escalated, organization costs have escalated but the stipend has remained the same.
Council Member Tait would like to correct that situation and was open to suggestions on the
method.
The item will be agendized at a future meeting, including information as to where dollars are
currently spent.
ADJOURNMENT:
There being no further business to come before the City Council, Mayor Pringle adjourned the
meeting at 8:20 P.M.
Respectfully submitted:
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Sheryl! Schroeder, CMC
City Clerk