2005/02/15ANAHEIM, CALIFORNIA -CITY COUNCIL
REGULAR MEETING
FEBRUARY 15, 2005
The City Council of the City of Anaheim met in regular session at 3:08 P.M. in the Council
Chambers of Anaheim City Hall, 200 South Anaheim Boulevard.
PRESENT: Mayor Curt Pringle, Council Members: Richard Chavez, Lorri Galloway, Bob
Hernandez and Harry Sidhu.
STAFF PRESENT: Assistant City Manager Tom Wood, 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 February
11, 2005 at the City Hall outside bulletin board.
WORKSHOP -REGIONAL WATER QUALITY STRATEGIC PLAN PRESENTATION
Deputy City Manager Joel Fick introduced Larry McKinney and Chip Monaco who provided
an overview of the Regional Water Quality Strategic Plan. He stated the 13 member steering
committee represented city managers in Orange County and general managers of special
districts and that Anaheim and Santa Ana were recent additions to the committee on behalf
of the larger city viewpoint. With the goal of removing or minimizing effects of urbanization
on water quality in Orange County, Mr. Fick explained the steering committee was examining
alternatives for governance and funding of a regional program with a draft plan scheduled for
County Board consideration at the end of this fiscal year.
Larry McKinney explained the process that had been undertaken so far, offering particulars
on the Steering Committee's vision and guiding principles. Reaching some consensus on
what the elements of the regional strategic plan would contain, the Steering Committee
identified policy issues, governance and funding alternatives. Mr. McKinney indicated the
Committee favored a Countywide watershed management area with Orange County serving
as regional program administrator, creating three separate geographic watershed sub-areas
similar to Measure M program administration and modeled after the Newport Bay Executive
committee and Management Committee structure. He then offered specifics on potential
future funding alternatives for the strategic plan.
Mayor Pringle responded that the bulk of the presentation was on the concept of creating
sub-county watershed areas and fund-raising alternatives for urban runoff programs and that
specifics as to what the plan entailed and how those funds would be spent as well as the
County's role should be part of the discussion. The Mayor inquired whether existing water
districts could assume the County's role under a joint powers agreement. Mr. McKinney
indicated that had been considered but as U.S. Environmental Pollution Agency required the
State to permit cities, the cities and counties would still have a role to play and it was the
Committee's belief a partnership with an existing agency playing the regional role as lead
permittee under both northern and southern areawide stormwater permits was more
appropriate.
ANAHEIM CITY COUNCIL MEETING MINUTES
February 15, 2005
Page 2
ADDITIONS/DELETIONS: None
PUBLIC COMMENT: None
CLOSED SESSION:
At 3:37 P.M., Mayor Pringle moved to closed session for the following items:
1. CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION (Subdivision (a)
of Government Code Section 54956.9)
Name of case: City of Anaheim v. Angels Baseball, LP, et al., Orange County
Superior Court Case No. 050001902.
2. CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION
(Significant exposure to litigation pursuant to subdivision (b of Section 54956.9
of the Government Code).
Number of potential cases: one
Existing facts and circumstances: significant land movement and property
damage to the properties located at 367, 365 and 373 Ramsgate Drive
At 5:29 P.M., Mayor Pringle reconvened the Council meeting.
INVOCATION: Pastor Mark Bove, Calvary Chapel of Anaheim
FLAG SALUTE: Council Member Lorri Galloway
RECOGNITIONS (To Be Presented at a later date):
Recognizing Dalal Farsakh and Youself Farsakh for their leadership in the Lions
District 4-L4 Teen Recognition Program.
At 5:31 P.M., Mayor Pringle recessed the Council meeting to call to order the
Redevelopment Agency meeting, reconvening at 5:40 p.m.
ADDITIONS/DELETIONS TO THE AGENDA: Staff submitted a supplemental report for Item
9 noting that approval of the item would be according to the revised staff report.
PUBLIC COMMENTS:
James Robert Reade offered comments on local municipal elections.
William Fitzgerald repeated his commentary related to the Eli Home operation and
management.
Council Member Chavez voiced his objection to Mr. Fitzgerald's statements and deportment
during public comments and indicated he would not be present when Mr. Fitzgerald spoke.
Richard McFarland, President of the Board of Directors of Eli Home, repudiated statements
made by Mr. Fitzgerald.
ANAHEIM CITY COUNCIL MEETING MINUTES
February 15, 2005
Page 3
Michael Baker, Executive Director of Boys and Girls Club of Anaheim, speaking to Item No.
9, thanked Council and the Community Development Block Grant committee for contributing
funds to his organization.
Andrea Park, Family and Friends of the Anaheim Therapeutic Center, expressed concern
regarding some of the redevelopment of Haskett Library parking lot; specifically, she
objected to moving disabled parking spaces too far from the entrance of the facility and
placing a drainage ditch along the front entrance of the building which would present a
challenge for disabled persons accessing the Center. She was also fearful the Therapeutic
Center might be eliminated. Mayor Pringle referred Ms. Park to Terry Lowe, Community
Services Director, who would provide answers.
The founder and Executive Director of Access California Services, an organization serving
the Arab and Muslim community in Anaheim, addressed Item No. 9 and thanked Council for
the funding under the CDBG program, but requested Council reconsider an increase to that
funding.
Shirley West, resident and volunteer for the American Cancer Society announced a 24-hour
team relay fund-raiser scheduled for July 16 and 17th, and encouraged support of the event
to raise money for cancer research and awareness of the services offered to the community.
Mrs. Snyder, Ombudsman for Council on Aging, also thanked Council for contributing CDBG
funds to their organization.
Diane Jones, YWCA, Executive Director of North Orange County, voiced her appreciation to
be one of the recipients of the block grant for youth employment services in Anaheim.
CONSENT CALENDAR:
Council Member Galloway removed Item #8 for separate discussion and Mayor Pringle
removed Items #9, #10 and #11.
Council Member Chavez moved approval the balance of the Consent Calendar Items 2-20,
seconded by Council Member Sidhu to waive reading in full of all ordinances and resolutions
and to 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: Chavez, Galloway, Hernandez,
and Sidhu. Noes - 0. Motion carried.
2. Receive and file the Investment Portfolio Report for the month of January 2005 and
D128 minutes of the Housing and Community Development Commission meetings held
B105 August 4 and 18, 2004, November 17, 2004, and January 5 and 19, 2005.
3. Accept the low bid and authorize the execution of a lease agreement with Golf
D180 Ventures West, in an amount not to exceed $183,365 per year for five (5) years, for
park maintenance equipment in accordance with Bid #6580.
ANAHEIM CITY COUNCIL MEETING MINUTES
February 15, 2005
Page 4
4. Accept the low bid of All Seasons Tire Centers, Inc. and authorize the Purchasing
D180 Agent to issue a purchase order, in an amount not to exceed $166,465.00, for tires
and tubes for Fleet Services for a period of one-year with four one-year options to
renew and authorize the Purchasing Agent to exercise the renewal options in
accordance with Bid #6584.
5. Waive the sealed bidding requirements of Council Policy No. 306 authorize the
D180 Purchasing Agent to issue a purchase order to SensorWave Corporation, in the
amount of $58,361.25 (plus applicable tax), for the purchase of seven surveillance
cameras and associated software for the Police Department, and authorize the
Purchasing Agent to issue subsequent orders, as needed, for additional cameras that
may be required without further Council actions, subject to available budget
appropriations.
6. Approve the "Termination of Declaration of Establishment of Easements, Servitudes
P110 and Covenants to Run with Land" to merge previously subdivided parcels in
conjunction with the Stadium Lofts development.
7. Approve the Agreement for Acquisition of Real Property with R. Dominguez, J. Hofer,
3411 M. Harner and Equilon Enterprises, LLC for property located at 1200 South State
College Boulevard for the State College Boulevard and Ball Road Intersection
Improvement Project.
12. Increase the Fire Department's fiscal year 2004/05 budget by increasing revenues
D129 and expenditures, in the amount of $55,644.74, to continue administering the
Certified Unified Program Agency programs to Anaheim businesses.
13. Exercise the option to terminate an agreement with Decade Software Company,
2645 effective June 30, 2005, for the use and support of their software product, Envision
for Windows, and authorize the Fire Chief to communicate such action.
14. Authorize the Public Utilities Department to change the type and number of vehicles
D182 and equipment purchased under the Electric Services Division section of the Citywide
Vehicle Purchase Plan.
15. Approve and authorize the Public Utilities General Manager to execute an agreement
2833 with Arnold Ontes Design, Inc., in an amount not to exceed $70,000, for
professional consulting and graphic design services for a period of one year with an
option for two one-year consecutive extensions at the same compensation.
ANAHEIM CITY COUNCIL MEETING MINUTES
February 15, 2005
Page 5
16. RESOLUTION NO. 2005-14 RESOLUTION OF THE CITY COUNCIL
D154 OF THE CITY OF ANAHEIM approving a letter of understanding between the
Anaheim Municipal Employees Association, General Unit, and the City of Anaheim
(Article 58).
RESOLUTION NO. 2005-15 RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM approving a letter of understanding between the
Anaheim Municipal Employees Association, General Unit, and the City of Anaheim
(Articles 40 and 50.6).
17. RESOLUTION NO. 2005-16 RESOLUTION OF THE CITY COUNCIL
D160 OF THE CITY OF ANAHEIM authorizing the Chief of Police to file an application, on
behalf of the City of Anaheim, with the U.S. Department of Justice, Bureau of Justice
Assistance, to participate in the FY 2005 "Bulletproof Vest Partnership" grant
program, authorizing the chief to execute all required grant documents, and if
awarded, authorizing the acceptance of such grant on behalf of the city and
amending the budget accordingly for the fiscal year in which grant funds are received.
18. RESOLUTION NO. 2005-17 RESOLUTION OF THE CITY COUNCIL
D116 OF THE CITY OF ANAHEIM i) ratifying a proclamation of local emergency issued on
February 9, 2005 by the Director of Emergency Services of the City of Anaheim; and
ii) approving and authorizing certain remedial actions relating thereto.
19. ORDINANCE NO. 5956 (ADOPTION) ORDINANCE OF THE CITY OF
1427 ANAHEIM approving the Fourth Amended and Restated Franchise Agreement for
collection, handling, transportation, processing, recycling and disposal of City solid
waste for Taormina Industries, LLC. (Introduced at the Council public hearing of
February 8, 2005, Item #18).
20. ORDINANCE NO. 5957 (INTRODUCTION) AN ORDINANCE OF THE CITY OF
C280 ANAHEIM Amending the zoning map referred to in Title 18 of the Anaheim Municipal
Code relating to zoning (Reclassification No. 2004-00118, 1501 West Lincoln
Avenue).
END OF CONSENT CALENDAR
8. Approve a Joint Agreement for the operation, maintenance and financial
1490 management of the 800 MHz Countywide Coordinated Communications System.
Tom Wood, Assistant City Manager, indicated Item No. 8 was a Joint Agreement for the
maintenance and financial management of a single system upon which police, fire, lifeguard,
and other emergency services rely and utilize within County of Orange. Council Member
Galloway moved to approve Item 8, seconded by Council Member Sidhu. Roll Call vote:
Ayes - 5; Mayor Pringle, Council Members: Chavez, Galloway, Hernandez and Sidhu. Noes
- 0. Motion Carried.
ANAHEIM CITY COUNCIL MEETING MINUTES
February 15, 2005
Page 6
9. Approve the fiscal year 2005-06 Community Development Block Grant, Home
D155 Investment Act, and Emergency Shelter Grant budgets totaling $9,465,007.
Mayor Pringle remarked this was the annual time in which grant funds were directed to the
City of Anaheim and the City then implemented an in-depth process to address needs within
key targeted areas and with funds also set aside for non-profit groups. Ms. Elisa Stipkovich,
Community Development Director, reported this year the budget represented not only the
annual allocation of $5.7 million but also reprogrammed funds of $1.3 million for the block
grant program. She indicated there was an extensive citizen participation process with four
neighborhood councils participating along with the Housing and Community Development
Commission and the Community Services Board. She noted that only 15 percent of the
funds could be distributed to non-profit groups. She also indicated a supplemental staff
report was provided as one of the non-profit organizations could not use the $10,000
contribution and those funds were then reallocated.
Replying to Council Member Galloway's question, ACCESS California requested $59,000 in
funds and the Community Services Board recommendation was for less.
Council Member Chavez commented this was an opportunity to thank all community groups
that provided services to Anaheim from child abuse to elder abuse to unemployment for
teenagers recognizing the community had benefited from those services.
Mayor Pringle pointed out that Council Member Galloway withdrew Eli Home's request for
funding as she was now a member of the City Council and wanted to ensure that her
organization's funding was above reproach. He also indicated that a large portion of the
CDBG grant monies fund community policing programs and certain improvements in
neighborhoods such as street lighting, park lighting and park improvements.
Council Member Sidhu recommended the non-profit groups consider funding alternatives in
the future as proposed changes to the federal budget may reduce those dollars in the future.
Council Member Hernandez pointed out four members of Council would be in Washington
DC next month fighting for the replacement of at least part of the proposed federal budget
cuts.
Council Member Hernandez moved to approve Item 9 as amended, seconded by Council
Member Galloway. Roll Call vote: Ayes - 5; Mayor Pringle; Council Members: Chavez,
Galloway, Hernandez and Sidhu. Noes - 0. Motion Carried.
10. Approve a Negative Declaration for the Riverdale Park Ballfield Lighting Project.
N350
ANAHEIM CITY COUNCIL MEETING MINUTES
February 15, 2005
Page 7
11. Approve a Negative Declaration for the Canyon Rim Park Ballfield Lighting Project.
N350
Terry Lowe explained that Items 10 and 11 were approval of environmental documents for
two of the park ballfield lighting projects which were a part of Anaheim's comprehensive
capital improvement program. He indicated the specific projects were recommendations
from the Mayor's Sportsfield Task Force for the Anaheim Hills area.
Council Member Chavez moved to approve Items 10 and 11, seconded by Council Member
Sidhu. Roll call vote: Ayes - 5; Mayor Pringle, Council Members: Chavez, Galloway,
Hernandez and Sidhu. Noes - 0. Motion Carried.
21. RESOLUTION NO. 2005-18 RESOLUTION OF THE CITY COUNCIL
0109 OF THE CITY OF ANAHEIM approving the form of and authorizing the execution and
delivery of a Purchase and Sale Agreement and related documents with respect to the sale
of the seller's vehicle license fee receivable from the State; and directing and authorizing
certain other actions in connection therewith.
Bill Sweeney, Finance Director, indicated this item had been discussed during the mid-year
budget workshop and was now a recommendation for the City of Anaheim to participate in
the vehicle license fee gap loan financing program. This program, he stated, was authorized
by State law in order to allow cities to recover some of the money the State owed about 18
months earlier than expected. Specific to Anaheim, he explained, the State of California
owed the City $5.722 million which was to be repaid in August of 2006. Many cities and
counties had indicated the need to be able to sell this receivable well before that time for a
number of reasons including cash flow and capital improvement requirements and some
feared the State would repay at some date beyond 2006. He affirmed it was staff's
recommendation that Anaheim also participate in the program provided the City received at
least $5.308 million back or roughly 93.77% and that this return be on a tax exempt basis.
To participate on a tax exempt basis, Mr. Sweeney reported the funds were to be used for
capital improvement projects and those projects were listed in the staff report.
Mayo Pringle emphasized to sell the receivable that was coming from the State and to get
the highest possible return in selling that receivable, those funds had to be dedicated to
capital projects, many of which had been deferred because Anaheim did not have those
funds available when the State retained the vehicle license fees. He mentioned that the
capital projects would include a fire station, any overage costs on the West Anaheim
Community Center, traffic signal improvements, any overage from the East Anaheim
gymnasium project and sidewalk repair and replacement projects that lacked funding.
Council Member Hernandez moved to approve Item 21, seconded by Council Member
Sidhu. Roll Call vote: Ayes - 5; Mayor Pringle; Council Members: Chavez, Galloway,
Hernandez and Sidhu. Noes - 0. Motion Carried.
ANAHEIM CITY COUNCIL MEETING MINUTES
February 15, 2005
Page 8
22. Consider appointing a member to the Cultural and Heritage Commission to complete
B105 the unexpired term of Mary Ruth Pinson, term to expire June 30, 2008.
APPOINTMENT:
With no objection from Council, Mayor Pringle continued the appointment to March 1, 2005.
23. Consider appointing a member to the Planning Commission to complete the
B105 unexpired term of Jerry O'Connell, term to expire June 30, 2007.
APPOINTMENT:
With no objection from Council, Mayor Pringle continued the appointment to March 1, 2005.
5:30 P.M. PUBLIC HEARINGS:
24. ENVIRONMENTAL IMPACT REPORT NO. 330 (PREVIOUSLY CERTIFIEDI
P100 GENERAL PLAN AMENDMENT NO. 2004-00422:
LOCATION: Citywide.
Request amendment to the Circulation Element of the General Plan to (a)
redesignate a segment of Lincoln Avenue between State College Boulevard and the
west City limit from a Major Arterial Highway to a Primary Arterial Highway, (b)
redesignate segments of State College Boulevard between the Riverside (SR-91)
Freeway and Lincoln Avenue and between Ball Road and Cerritos Avenue from a
Major Arterial Highway to a Primary Arterial Highway, (c) redesignate a segment of
Katella Avenue from Walnut Street to West Street from a Resort Smart Street to a
Major Arterial Highway, and (d) an amendment to the text of the Circulation Element
relating to "Future Level of Service."
Request amendment to the text of the Noise Element of the General Plan pertaining
to exterior noise standards for residential projects.
ACTION TAKEN BY THE PLANNING COMMISSION:
Environmental Impact Report No. 330 previously approved.
Recommended adoption of Exhibit "A" of General Plan Amendment No. 2004-00422
(5 yes votes, Commission O'Connell absent and one Commission vacancy).
MOTION: C/H CEQA FINDING: ENVIRONMENTAL IMPACT REPORT NO.
330 (PREVIOUSLY CERTIFIED).
RESOLUTION NO. 2005-19 RESOLUTION OF THE CITY COUNCIL OF
CITY OF ANAHEIM APPROVING GENERAL PLAN AMENDMENT NO. 2004-00422
PERTAINING TO CIRCULATION AND NOISE ELEMENTS
Greg Hastings, Planning Services Manager, reported that in May 2004, Council had
approved a comprehensive update of the City's General Plan and Zoning Code and since the
adoption, had identified minor errors, omissions and necessary clarifications in the
Circulation and Noise Elements.
Specifically, staff was recommending portions of Lincoln Avenue and State College
Boulevard be redesignated from Major Arterial Highway to Primary Arterial Highway, with the
sole effect of this change to reduce the amount of right-of-way from 60 feet to 53 feet. In
ANAHEIM CITY COUNCIL MEETING MINUTES
February 15, 2005
Page 9
addition to that change, staff recommended Katella Avenue from Walnut Street to the West
City Limits be redesignated from Resort Smart Street to Major Arterial Highway in order to
correct an error in the planned roadways network map included in the current Circulation
Element to the General Plan. Lastly, remarked Mr. Hastings, staff recommended certain
changes to the text of the Circulation Element in order to include a reference to the Santa
Ana Canyon Road Access Points Study Map and to clarify the description of typical
intersection configurations.
With regard to the noise element, Mr. Hastings stated the key goal of the updated General
Plan and Zoning Code was to promote higher density residential development along the
City's arterial corridors and within activity centers such as the Platinum Triangle and the
proposed modifications to the Noise Element were intended to allow high quality residential
development to take place in such locations without the need to provide unsightly sound
attenuation measures such as plexiglass, although projects would still be required to meet
interior noise standards.
Mr. Hastings indicated the Planning Commission considered these amendments and
unanimously recommended approval to Council. As a follow-up action, Mr. Hastings
commented staff intended to bring revisions to Council Policy 542 pertaining to sound
attenuation in residential projects since portions of that policy appeared to be in need of
revision in light of recent changes to the General Plan and Zoning Code.
Mayor Pringle opened the public hearing and receiving no testimony, closed the hearing.
Mayor Pringle discussed the designation of Harbor Boulevard between Broadway and La
Palma and whether the Major Arterial Highway designation could be reduced without the
accompanying loss of on-street parking.
Council Member Chavez moved to approve the CEQA finding and to adopt Resolution 2005-
19 of the City of Anaheim approving General Plan Amendment No. 2004-00422 pertaining to
Circulation and Noise Elements; seconded by Council Member Hernandez. Roll Call vote:
Ayes - 5; Mayor Pringle, Council Members: Chavez, Galloway, Hernandez and Sidhu. Noes
- 0. Motion Carried.
REPORT FROM CLOSED SESSION:
Jack White, City Attorney, reported that in the case of Anaheim vs. Angels Baseball, LP, the
City Council unanimously determined to proceed with the current litigation and also approved
filing an appeal of the recent denial of the City's application for a preliminary injunction by a 4
to 1 vote, no vote being Council Member Galloway.
COUNCIL COMMUNICATIONS:
Council Member Galloway reported an act of kindness offered to resident, Gaby Montez.
Council Member Sidhu requested two discussion items be placed on the March 1, 2005
agenda: 1) a discussion related to Library Awareness Month and 2) a discussion of costs
associated with reinstituting Employee Appreciation Day.
ANAHEIM CITY COUNCIL MEETING MINUTES
February 15, 2005
Page 10
Council Member Chavez pointed out the Haskett Branch Library groundbreaking and praised
the building of a new fire station in West Anaheim which would be funded through CDBG
block grants. He reiterated his support to proceed with litigation in the Angels Baseball, LP
Case.
Mayor Pringle announced the establishment of a social services task force as an ad hoc
committee to create a model program integrating a social service component throughout the
City structure, including the Police Department. He indicated this component was suggested
by Council Member Chavez last year and the Mayor requested Council Members Chavez
and Galloway, Chief Welter, Judge Salvador Sarmiento, Assistant District Attorney Howard
Gundy, Suraya Harris, Nadja Patala and Michael Baker, Executive Director of Boys and Girls
Club to serve on the task force. Fire Chief Roger Smith and Community Services Director
Terry Lowe were added.
Relative to the Angels baseball litigation, the Mayor reported that the City did not undertake
litigation lightly and had taken steps to ensure they were on the right path. City counsel had
carefully reviewed the case and had three independent leading Orange County attorneys
also review the matter. Individually and collectively, those attorneys found the City had a
strong case for appeal. To address the wrongs brought about by the management of the
Anaheim Angels, Mayor Pringle reported the City had then engaged additional legal counsel
to assist in the litigation, appeal and writ of mandate to ensure Angels Baseball LP lived up to
their contract.
ADJOURNMENT: There being no further business to come before the City Council, Mayor
Pringle adjourned the meeting at 6:51 P.M.
Respectfully submitted:
~~,g " ~~-c-~, %~-=~
` Sheryll Schroeder, MMC
City Clerk