2005/05/10ANAHEIM, CALIFORNIA -CITY COUNCIL
REGULAR MEETING
MAY 10, 2005
The City Council of the City of Anaheim met in regular adjourned session at 4:05 P.M. in the
Council Chambers of Anaheim City Hall, 200 South Anaheim Boulevard. The meeting was
called to order at 3:00 P.M. and the Notice of Adjournment to 4:00 P.M. was posted on May 10,
2005.
PRESENT: Mayor Curt Pringle, Council Members: Richard Chavez, Lorri Galloway, Bob
Hernandez and Harry Sidhu.
STAFF PRESENT: Dave Morgan, City Manager, 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 May 6, 2005
at the City Hall outside bulletin board.
ADDITIONS/DELETIONS TO CLOSED SESSION: None
PUBLIC COMMENTS ON CLOSED SESSION ITEMS: None
Mayor Pringle moved to closed session for the following items:
CLOSED SESSION:
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 -EXISTING LITIGATION
(Subdivision (a) of Government Code Section 54956.9)
Name of case: Jones v. City of Anaheim, et al., United States District Court Case No.
SAVC 03-1530CJC(MLGx).
3. 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 or more.
Existing facts and circumstances: significant land movement and property damage to
the properties located at 357, 365 and 373 Ramsgate Drive; 4039 and 4043 Circle
Haven Road, 4033, 4039 and 4045 Maple Tree Drive.
4. CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION
(Initiation of litigation pursuant to subdivision (c) of Section 54956.9 of the
Government Code)
Number of potential cases: one.
ANAHEIM CITY COUNCIL MEETING MINUTES
May 10, 2005
Page 2
5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: 2000 South Gene Autry Way, Anaheim, California.
Agency negotiator: Dave Morgan
Negotiating parties: City of Anaheim and National Football League
Under Negotiation: price and terms of payment.
At 5:30 P.M., Mayor Pringle reconvened the Council meeting.
INVOCATION: Council Member Galloway
FLAG SALUTE: Council Member Hernandez
RECOGNITIONS:
Proclaiming May 12, 2005, as National Fibromyalgia Awareness Day
The proclamation was accepted by Phyllis Tellariso who thanked Council for bringing
awareness to Fybromyalgia, an illness characterized by chronic pain and fatigue. She
commented individuals interested in additional information on the disorder were welcome to visit
an information booth to be located in the Brea Mall on May 12th.
Recognizing Anaheim Convention Center Employees for act of heroism
Greg Smith, Convention Center Department, announced several Convention Center employees
were to be recognized by Council for an act of heroism. He explained the employees had been
attending a security and safety conference held at the Anaheim Marriott hotel adjacent to the
Convention Center when one of the conference attendees suffered a heart attack. Immediate
aid was provided by the employees and one individual quickly retrieved a defibrillator located in
the Convention Center and the Anaheim personnel were able to bring the victim back to
consciousness by the time paramedics had arrived. Mr. Smith reflected that part of the success
story was due to the exemplary training and preparedness given to Anaheim employees who
were then able to take life-saving action. Mayor Pringle suggested writing a letter to the Marriott
and other large hotels recommending defibrillators on site for their convention guests and
referencing this specific incident.
Acceptance of Recognitions (for a later date):
Recognizing recipients of Girl Scout Gold and Silver Awards.
Proclaiming May 15, 2005, as National Public Works Week
ADDITIONS/DELETIONS TO ANY AGENDAS: Item A29 was continued to June 7, 2005.
PUBLIC COMMENTS (All Matters Except Public Hearings):
Jody Mosely, resident, took this opportunity to recognize and express her appreciation and
heartfelt thanks to the Anaheim Police Department for their immediate and capable response
when she awoke to face an intruder in her home.
ANAHEIM CITY COUNCIL MEETING MINUTES
May 10, 2005
Page 3
James Robert Reade spoke of concerns related to a traffic fatality.
William Fitzgerald, Anaheim Home, related police and fire safety concerns.
Manny Dutt, resident, acknowledged the timely help he had personally received from both the
Anaheim Police Department and Anaheim Fire Department during his 30 years as a resident.
Bobby McDonald, chair of "Taste of the Canyon" event requested community support for the
annual fund raiser to augment the Peralta Parks 4th of July fireworks celebration. The fund
raiser on June 1st would preview several films as well as provide a variety of foods to the
participants.
Amber Atwatt, attending the Council meeting as a requirement of her political science class,
thanked Council for recognizing the Girl Scouts, commenting that her Jr. Troop 103 provided
leadership to young girls in her neighborhood.
Alma Ramirez offered political commentary.
Ed Perez, Heritage Forum manager, reported the National Day of Prayer had been a successful
event and announced the Orange County Sheriff's Academy graduation scheduled for May 16
and the David Marks All Star Beach Boys Band scheduled for May 21st at the Forum.
CONSENT CALENDAR:
Council Member Sidhu removed Item's 12, 14, and 15 from the Consent Calendar for
discussion purposes.
Council Member Hernandez moved approval of the balance of the Consent Calendar Items 1 -
25, seconded by Council Member Galloway 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.
Mayor Pringle had the City Attorney confirm his ability to vote on Item 20 related to the Southern
California Edison (SCE) franchise as he had an SCE right-of-way going through his property.
Mr. White indicated the Mayor was allowed to vote as the agenda item would affect him in the
same way it would affect a majority of residents in Anaheim and this would hold true for any
Council Member in that situation.
Roll Call vote: Ayes - 5; Mayor Pringle, Council Members: Chavez, Galloway, Hernandez, and
Sidhu. Noes - 0. Motion carried.
Mayor Pringle also emphasized Item 22 declared the results of the recent elections held for the
residents of the three community facilities district in East Anaheim. He commented the
elections had been successful and the City would be moving forward with construction of a
gymnasium on property owned by the facilities districts, but at no cost to the taxpayers.
1. Reject certain claims filed against the City.
C118
ANAHEIM CITY COUNCIL MEETING MINUTES
May 10, 2005
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2. Receive and file the Monthly Financial Analysis presented by the Finance Director for
D128 seven months ended January 31, 2005; minutes of the Housing and Community
6105 Development Commission meeting held March 16, 2005; and minutes from the
Workforce Investment Board meeting held February 10, 2005.
3. Review the need for continuing the Proclamation of the Existence of a Local Emergency
D175 by the Director of Emergency Services of the City issued on February 9, 2005, and the
subsequent orders issued pursuant thereto, concerning land movement and property
damage in the vicinity of 357, 365 and 373 Ramsgate Drive in the City of Anaheim, and,
by motion, determine that the need for continuing the local emergency exists.
4. Accept the bids of Waxie Sanitary Supply, in an amount not to exceed $69,470 (plus
D180 tax), Corporate Express, in an amount not to exceed $4,740 (plus tax), and Pak West
Paper and Chemical, in an amount not to exceed $2,692 (plus tax), for janitorial supplies
for a period of one year and authorize the Purchasing Agent to exercise three one-year
renewal options in accordance with Bid #6568.
5. Accept the bid of Elbanna Factory Distributors, Inc., in an amount not to exceed
D180 $54,000, for Cohu cameras for Public Works, Traffic Engineering, as required, for a
period of one year with two one-year optional renewals and authorize the Purchasing
Agent to exercise the renewal options in accordance with Bid #6596.
6. Accept the low bid and authorize the execution of an agreement with Merchants Building
2819 Maintenance, in an amount not to exceed $65,000, for window cleaning services for the
Public Works Department for a period of one year with five one-year optional renewals
and authorize the Purchasing Agent to exercise the renewal options in accordance with
Bid #6605.
7. Accept the bid of Lindsey Manufacturing, Inc., in an amount not to exceed $96,000, for
D180 current and voltage monitors for the Public Utilities Department, as required, for a period
of one year with four one-year optional renewals and authorize the Purchasing Agent to
exercise the renewal options in accordance with Bid #6608.
8. Accept the low bid of Roy Allan Slurry Seal, Inc., in an amount not to exceed $351,637,
D180 for furnishing and applying slurry seal coating for Public Works, Streets and Sanitation,
for a period of one year with three one-year renewal options and authorize the
Purchasing Agent to execute any renewal options in accordance with Bid #6619.
9. Accept the low bid of Crafco, Inc., in an amount not to exceed $76,150, for asphalt
D180 sealant for Public Works, Streets and Sanitation, for a period of one year with four one-
year optional renewals and authorize the Purchasing Agent to execute any renewal
options in accordance with Bid #6622.
ANAHEIM CITY COUNCIL MEETING MINUTES
May 10, 2005
Page 5
10. Waive the sealed bidding requirement of Council Policy No. 306 and authorize the
D180 Purchasing Agent to issue a purchase order to Perey Turnstiles, in the amount of
$24,215 (including tax), for turnstile replacements.
11. Waive the sealed bidding requirement of Council Policy No. 306 and authorize the
D180 Purchasing Agent to issue a purchase order to Sico America, Inc., in the amount of
$66,794 (including tax), for mobile staging replacements and auxiliary.
13. Approve an agreement with KPMG, LLP to perform the annual audit of the City's
2818 financial records for the fiscal years ending June 30, 2005, 2006 and 2007.
16. Authorize the Fire Chief to accept a State reimbursement award from the Federal
D129 Emergency Management Association/Orange County Operational Area for the 2003
Supplemental Emergency Management Performance Grant (EMPG) and increase the
Fire Department's FY 04/05 budget by increasing revenues, in the amount of $7,699.
17. Authorize the Fire Chief to accept a grant reimbursement award from Orange County
D129 Operational Area for the FY 03 Community Emergency Response Team (CERT) Grant
Program and increase the Fire Department's FY 04/05 budget by increasing revenues
and expenditures, in the amount of $15,213.
18. Authorize the Police Department to accept the donation of a Colt .223 rifle from Anaheim
D160 resident, Michael Johnson.
19. Approve and authorize the Public Utilities General Manager to execute the Second
1518 Amendment to the OCTA Railroad Right-of-Way License Agreement with OCTA to
permit the Public Utilities Department to install underground transmission, distribution,
fiber and control circuits.
20. Determine that the granting of anon-exclusive franchise to Southern California Edison
F130 Company is categorically exempt from the California Environmental Quality Act
("CEOA"), Class I Project.
RESOLUTION NO. 2005-82 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM declaring its intention to adopt an Ordinance granting to Southern California
Edison Company, its successors and assigns, anon-exclusive franchise to use and to
construct and use, solely for transmitting electricity through the City of Anaheim (except
in cases of subsequent annexations and of customers served under fringe agreements),
poles, wires, conduits and/or appurtenances, in, along, across, upon, over and under the
public streets, ways, alleys and places, as the same now or may hereafter exist, within
said municipality, establishing a time and date of a public hearing to consider such
franchise and a fee in support of such franchise.
Public hearing scheduled June 7, 2005.
ANAHEIM CITY COUNCIL MEETING MINUTES
May 10, 2005
Page 6
21. RESOLUTION NO. 2005-83 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
P100 ANAHEIM approving the Combined West Anaheim Area Master Plan of Sanitary Sewers
Second Revision March 2005.
22. RESOLUTION NO. 2005-84 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
T104 ANAHEIM reciting the fact of the Special Election held May 3, 2005 in Community
Facilities District No. 1989-1 (Sycamore Canyon), declaring the result and such other
matters as provided by law.
RESOLUTION NO. 2005-85 RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM reciting the fact of the Special Election held May 3, 2005 in Community
Facilities District No. 1989-2 (The Highlands), declaring the result and such other
matters as provided by law.
RESOLUTION NO. 2005-86 RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM reciting the fact of the Special Election held May 3, 2005 in Community
Facilities District No. 1989-3 The Summit), declaring the result and such other matters
as provided by law.
RESOLUTION NO. 2005-87 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM determining that certain changes in the Facilities financed by Community
Facilities District No. 1989-1 (Sycamore Canyon) are lawfully authorized pursuant to
Section 53338 of the Government Code of the State of California.
RESOLUTION NO. 2005-88 RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM determining that certain changes in the Facilities financed by Community
Facilities District No. 1989-2 (The Highlands) are lawfully authorized pursuant to Section
53338 of the Government Code of the State of California.
RESOLUTION NO. 2005-89 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM determining that certain changes in the Facilities financed by Community
Facilities District No. 1989-3 (The Summit) are lawfully authorized pursuant to Section
53338 of the Government Code of the State of California.
23. ORDINANCE NO. 5967 (ADOPTION) ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM amending nunc pro tunc Ordinance 5959, Section 1.01.389 to
correct certain clerical errors and omissions (Introduced at the Council meeting of April
26, 2005, Item #28).
24. ORDINANCE NO. 5968 (ADOPTION) AN ORDINANCE OF THE CITY OF
C280 ANAHEIM AMENDING VARIOUS SECTIONS OF Chapter 18.20 of the Anaheim
Municipal Code relating to the Platinum Triangle Mixed Use Overlay Zone (Introduced at
the Council meeting of April 26, 2005, Item #32).
25. Approve minutes of the Council meetings held April 12, 2005 and April 26, 2005.
ANAHEIM CITY COUNCIL MEETING MINUTES
May 10, 2005
Page 7
END OF CONSENT CALENDAR
12. Waive the sealed bidding of Council Policy No. 306 and authorize the Purchasing Agent
D180 to issue a purchase order to Anaheim Transportation Network (ATN), in an amount not
to exceed $50,000 (including tax), for the Public Works Department to administer various
rideshare incentive programs for the City.
Council Member Sidhu indicated it appeared Anaheim Transportation Network had been
providing shuttle service since 1996 and questioned whether bids were solicited. Gary
Johnson, Public Works Director, stated ATN was anon-profit organization which the City, in
conjunction with the convention bureau and the major hotels, had helped establish to provide a
comprehensive shuttle service in the resort area. He explained ATN had floated bonds to buy
buses to create the shuttle system that served the hotels and resort area and that the non-profit
group administered the transit operation, soliciting bids from the actual providers to coordinate
the City's interest as well as that of the convention bureau and hotels.
With that information offered, Council Member Sidhu moved to approve Item No. 12, seconded
by Council Member Galloway. Roll Call vote: Ayes - 5; Mayor Pringle, Council Members:
Chavez, Galloway, Hernandez and Sidhu. Noes - 0. Motion Carried.
14. Waive the sealed bid requirement of Council Policy No. 306 and authorize the
D180 Purchasing Agent to issue a purchase order to Mainland Projects, Inc., in an amount not
to exceed $36,000, for 310 rotational molded radome and aluminum cast base
assemblies to house antennas and access points for the City network operating
systems.
Council Member Sidhu asked for the rationale in waiving the bidding requirement. Tom Wood,
Assistant City Manager, recommended waving Policy No. 306 to save approximately $100,000.
He explained the project had been competitively bid with one firm bidding approximately
$130,000 and a local firm, which had designed the prototype, putting in an informal bid of
approximately $30,000 believing their bid was sufficient to meet the bidding requirements.
Council Member Sidhu remarked he wanted to ensure the City received a fair price through the
bidding process, however, in this instance, he understood the justification for waiving the policy.
Mayor Pringle remarked there was a policy in place for soliciting bids, however, whenever
exceptions to that policy occurred, Council then had the obligation to determine whether to
approve waiver of the policy..
Council Member Sidhu moved to approve Item No. 14, seconded by Council member Chavez.
Roll Call vote: Ayes - 5; Mayor Pringle, Council Members: Chavez, Galloway, Hernandez and
Sidhu. Noes - 0. Motion Carried.
15. Approval of Contract Change Order No. 1 in favor of Pro Tech Engineering, in the
2817 amount of $24,000, for the Lakeview Intelligent Transportation System from La Palma
Avenue to Santa Ana Canyon Road.
John Lower, Traffic Manager, indicated the change order was due to a design error by the
consultant in preparing the project plans. Specifically, the designer erroneously assumed that a
conduit under a bridge was available for use when it was not. Mr. Lower reported the cost was
ANAHEIM CITY COUNCIL MEETING MINUTES
May 10, 2005
Page 8
fully covered by Measure M grant funds with no General Fund impact. Council Member Sidhu
stated he would not approve the change order, believing the design firm responsible for the
error should be penalized. Mr. Lower indicated a letter of reprimand had been forwarded to the
consultant advising the error was unacceptable.
Mayor Pringle asked if the error accounted for the difference between the two lowest bidders.
Mr. Johnson indicated all bidders assumed the conduit could be used and this was not a factor
in the differential between bids. He also stated that in design projects, there was a standard of
care that was required of architects and professional service companies and a perfect set of
plans were not required. He indicated that all plans, including those prepared by staff, had
errors, field changes and other events resulting in change orders. In this particular case, the
company was notified of the City's unhappiness with the lack of field investigation as the design
was prepared.
Mayor Pringle moved to approve Item No. 15, seconded by Council Member Chavez. Roll Call
vote: Ayes - 4; Mayor Pringle, Council Members: Chavez, Galloway, and Hernandez. Noes -
1; Council Member Sidhu. Motion Carried.
26. Consider appointing a member to the Sesquicentennial Commission to complete the
6105 unexpired term of Lorri Galloway, term to expire December 31, 2007.
Council Member Galloway nominated Bernadette Clay and Council Member Sidhu nominated
Patricia Boardman. With no other nominees offered, a straw vote for Ms. Clay was taken: Ayes
- 3; Mayor Pringle, Council Members; Chavez and Galloway. Noes - 2; Council Members
Hernandez and Sidhu. The straw vote for Ms. Boardman was taken: Ayes - 2; Council
Members Hernandez and Sidhu. Noes - 1; Council Member Galloway. Abstention - 2; Mayor
Pringle and Council Member Chavez.
Ms. Bernadette Clay was appointed to the Sesquicentennial Commission.
27. Consider appointing a member to the Senior Citizen Commission to complete the
6105 unexpired term of Charlotte DeVaul, term to expire June 30, 2006.
With no objection from Council, Mayor Pringle continued Item 27 to the next meeting.
28. Consider appointing a member to the Community Services Board to complete the
6105 unexpired term of Andrea Sinclair, term to expire June 30, 2008.
Council Member Chavez nominated Manny Jalondoni and Council Member Sidhu nominated
Craig Merrihue. With no other nominees offered, a straw vote for Mr. Jalondoni was taken:
Ayes - 3, Mayor Pringle, Council Members: Chavez and Galloway. Noes - 2; Council Members
Hernandez and Sidhu. A straw vote for Mr. Merrihue was taken: Ayes - 2, Council Members
Hernandez and Sidhu. Noes - 2; Council Member Chavez and Galloway. Abstention - 1;
Mayor Pringle.
Manny Jalondoni was appointed to the Community Services Board.
ANAHEIM CITY COUNCIL MEETING MINUTES
May 10, 2005
Page 9
5:30 P.M. PUBLIC HEARINGS:
29. Appellant requests continuance to June 7, 2005
C250 CONTINUED PUBLIC HEARING:
RECLASSIFICATION NO. 2003-00109
VARIANCE NO. 2004-04626
TENTATIVE TRACT MAP NO. 16545
OWNER: Red Curb Investments, P.O. Box 995, Torrance, CA 90508.
AGENT: Thomas Hartley, 29462 Thackery Drive, Laguna Niguel, CA 92677.
LOCATION: Property is approximately 53 acres, having a frontage of 190 feet at the
terminus of Avenida de Santiago, located 260 feet west of the centerline of Pointe
Premier.
Reclassification No. 2003-00109 -Request reclassification of the property from the T
(SC)(Transition; Scenic Corridor Overlay), formerly the RS-A-43,000(SC)
(Residential/Agricultural; Scenic Corridor Overlay) zone to the RH-2(SC) (Single-Family
Hillside Residential; Scenic Corridor Overlay) and OS (SC) (Open Space; Scenic
Corridor Overlay) zones.
Variance No. 2004-04626 -Request waiver of required private street standards to
construct a private residential street without sidewalks or parkways.
Tentative Tract Map No. 16545 -Request to establish a 28-lot, 21-unit detached
single-family subdivision.
ACTION TAKEN BY THE PLANNING COMMISSION:
Recommended Council approval of Reclassification No. 2003-00109 granted (PC2004-
113) (5 yes votes, Commissioners Romero and Velasquez absent)
Variance No. 2004-04626 granted (PC2004-114).
Tentative Tract Map No. 16545 approved.
(Planning Commission's decision appealed by Santiago Geologic Hazard Abatement
District).
(Continued from the Council meetings of April 12, 2005, March 29, 2005, March 1,
2005, January 25, 2005, January 11, 2005, December 14, 2004, and November 16,
2004).
MOTION: CEQA MITIGATED NEGATIVE DECLARATION.
RESOLUTION NO.: RECLASSIFICATION N0.2003-00109.
RESOLUTION NO.: VARIANCE NO. 2004-04626.
MOTION: TENTATIVE TRACT MAP NO. 16545.
This item continued to June 7, 2005 as requested by applicant
REPORT ON CLOSED SESSION ACTIONS:
None
ANAHEIM CITY COUNCIL MEETING MINUTES
May 10, 2005
Page 10
COUNCIL COMMUNICATIONS:
Council Member Hernandez expressed concern with the drastic reductions proposed in the
Federal HUD budget and asked council members to participate in a joint letter to elected
officials asking to reestablish the original appropriation or short of that, to individually lobby
Anaheim's congressional representative.
Council Member Chavez announced the National Letter Carriers would be starting their food
drive and encouraged the community to participate. He indicated the food would go directly to
families in need.
ADJOURNMENT: There being no further business to come before the City Council, Mayor
Pringle adjourned the meeting at 6:25 P.M.
Respectfully submitted:
~~ ~ ~~
heryll Schroeder, MMC
City Clerk