2006/05/30
ANAHEIM, CALIFORNIA
CITY COUNCIL REGULAR MEETING
MAY 30, 2006
The May 30,2006 City Council meeting was called to order at 3:13 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: 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 May 26, 2006 at
the City Hall exterior bulletin board.
EARTHLlNK CITYWIDE WIFI WORKSHOP
Tom Wood, Assistant City Manager, provided an update on the EarthLink WIFI system. Providing
background details, he reported Council had authorized a franchise with EarthLink for one of the
largest municipal WIFI networks to be privately constructed in the nation that would serve the
entire City of Anaheim. He stated the implementation details had been worked through and
antenna installation had begun with two square miles now completed as part of the six mile test
area in which EarthLink was required to perform a proof of concept as part of the franchise
agreement. Mr. Wood indicated the test area was located near City Hall and the antennas could
be seen if you looked for them, although they blended into the street lights and/or traffic light poles.
EarthLink, he added, would soon go to full deployment Citywide and the only issues remaining
were in the Resort area relating to aesthetics for the different style and color of street lights and in
Anaheim Hills due to the topography. Mayor Pringle asked what the June 29th target date
intended and Mr. Wood responded the six square miles of test area would be up and operating and
testing of the performance standards would be completed. Nine months after that date, Mr. Wood
indicated the rest of the City would be operational. He added there were a small number of
customers already on board with the WIFI wireless service and he expected EarthLink to begin
marketing the service soon. Mayor Pringle asked if a customer rate had been established and Mr.
Wood stated he had heard it was between a $17 .50 to $21.50 range which would make the cost a
competitive alternate to broadband activity and meet the City's goal of offering competitive wireless
connectivity to the internet.
Council Member Sidhu inquired as to how antennas would be attached to the street light poles; Mr.
Wood responded the antennas would be attached to the solenoid on the street light itself and
EarthLink would pay a monthly rate for electricity as well as a connection fee. Council Member
Sidhu also inquired how many households one antenna would serve and although Mr. Wood had
no specific data, he indicated the system was being designed to handle many users. He added the
franchise was a privately-owned risk capital venture and to retain its customer base, it would be
incumbent upon EarthLink to offer the most up-to-date technology throughout the term of the
franchise. Council Member Sidhu inquired if other vendors would be allowed to provide service in
the City and Mr. Wood replied the City had granted an exclusive franchise to EarthLink for the use
ANAHEIM CITY COUNCIL MEETING MINUTES
May 30, 2006
Page 2
of the City's street lights and traffic lights to house antennas, but that other providers could propose
utilizing other types of facilities, either public or private, to offer similar services. He stated the WIFI
program was a competitively bid franchise and EarthLink had been the most qualified vendor.
Council Member Galloway asked what type of marketing program had been planned by EarthLink
and Mr. Wood indicated the firm intended to get the six square mile test area up and operating
before any marketing was done so as not to build up a demand they could not immediately meet,
however, he anticipated EarthLink's full marketing program to begin in a couple of weeks.
ADDITIONS/DELETIONS TO CLOSED SESSION: NONE
PUBLIC COMMENTS ON CLOSED SESSION ITEMS: NONE
Mayor Pringle recessed to Closed Session at 3:28 P.M.
CLOSED SESSION
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 at, Orange County Superior
Court Case No. 05CC01902.
2. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Initiation of litigation pursuant to subdivision (c) of Government Code Section
54956.9
Number of potential cases: one
3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: Approximately 53 acres generally northerly of Angel Stadium of Anaheim,
2000 Gene Autry Way, Anaheim, California
Agency negotiator: Dave Morgan
Negotiating parties: City of Anaheim, Anaheim Redevelopment Agency and the National
Football League
Under Negotiation: Price and terms
Mayor Pringle reconvened the Council meeting to order at 5:15 P.M. and observed a moment of
silence in memory of Orange City Council Member Steven F. Ambriez.
Flag Salute:
Chaplain Jimmy Gaston, Anaheim Police Department
Council Member Galloway
Invocation:
Acceptance of Other Recognitions ITo be presented at a later date):
Recognizing lion Lutheran Church Pastor Mark Rossington - A representataive from lion
Lutheran announced the special recognition from the City would be given to Pastor Rossington at a
surprise luncheon on June 11, 2006 pointing out Pastor Rossington had served as the City of
Anaheim's first Fire Department chaplain.
Recognizing First Presbyterian Church of Anaheim Organist Susan Talevich
ANAHEIM CITY COUNCIL MEETING MINUTES
May 30, 2006
Page 3
Recognizing the Orange County Hispanic Education Endowment Fund Student Scholarship
Recipients
Mayor Pringle called to order the Anaheim Redevelopment Agency in joint session with the City
Council for a joint public comment session.
ADDITIONS/DELETIONS TO ANY OF THE AGENDAS: NONE
PUBLIC COMMENTS (ALL MATTERS EXCEPT PUBLIC HEARINGS):
David Onken, Utilities Department employee, asked that the portion of La Palma Avenue from
Imperial to Fairmont be slurry sealed as had been done to the Santa Ana Canyon/Monte Vista
area. Referencing the Letters of Understanding on the agenda for IBEW, Local 47, referencing
both full time and part-time employees, he requested Council give direction to open Article 11 to
include all employees who were not satisfied with the agreement to participate in the Market Place
Realignment Wage Study.
William Fitzgerald, Anaheim HOME, opposed the sale of property to the National Football League
(NFL) and other terms of the proposed NFL agreement. Mayor Pringle pointed out inaccuracies to
statements made by this speaker.
Trish Hachten, resident, addressed the need for a dog park in the City.
Ron Bengochea, IBEW, Local 47, thanked Council for their direction on the issues discussed at the
negotiation table and supported the two letters of understanding on the agenda this night relating
to IBEW, Local 47
Fernando Negrete, President of Local Firefighters Association, also thanked Council for their
support and assistance during the negotiation process, emphasizing the Association was fully
supportive of the contract.
Mary Ann Cassell, attorney representing South Coast Cab Company, indicated Council had
approved a taxicab franchise system in 2001 and South Coast Cab had received its court
appointed Anaheim taxicab permit in March of 2001. She requested an extension to operate South
Coast Cab's reduced number of 30 taxicabs in the City of Anaheim as of May 31st as the Anaheim
Code contained a sunset clause which would require the company to cease operations on May
31, 2006. She added when Council adopted the franchise, it allowed for a total of 260 cabs to be
operating in the City but that one of the companies filed for bankruptcy and there had been a nine
month wait in 2002. She indicated the franchise was based on a five year term and the sunset
clause did not contain corresponding dates and with the loss of South Coast Taxicab Company,
the City would then be operating with 230 taxicabs which was contrary to the study which indicated
260 cabs or more should be operating in the City. She stated a letter had been sent to William Sell
on February 28, 2006 asking that the matter be agendized for Council consideration but no action
had been taken. Ms. Cassell requested Council's help in retaining the South Coast Taxicab
Company.
James Robert Reade addressed comments to Anaheim Police Department.
Mayor Pringle recessed the Anaheim Council session to consider the Anaheim Redevelopment
Agency agenda, reconvening the Council meeting at 5:45 P.M.
ANAHEIM CITY COUNCIL MEETING MINUTES
May 30, 2006
Page 4
CONSENT CALENDAR:
Mayor Pringle removed Item No's. 11, 12 and 28 from the consent calendar; Council Member
Galloway removed Item No. 35 and Council Member Sidhu removed Item No's. 17 and 21.
Council Member Chavez moved to approve the balance of the consent calendar Items 5 - 36,
seconded by Council Member Hernandez to waive reading in full of all ordinances and resolutions
and to approve the following in accordance with the reports, certifications a
5. Reject claims filed against the City.
C118
6. Receive and file the Monthly Financial Analysis presented by the Finance Director for seven
D128 months ended January 31,2006.
7. Receive and file the Community Services Board minutes of March 9, 2006 and April 13,
B105 2006, the Housing and Community Development Commission minutes of April 19, 2006
D117 and the Investment Portfolio Report April 2006.
8. Award the contract to the lowest responsible bidder, J. De Sigio Construction, Inc., in the
4053 amount of $696,460, authorize the Finance Director to approve and execute the Escrow
Agreement pertaining to contract retentions for the Amberwood Water Main Replacement
project.
9. Award the contract to the lowest responsible bidder, Mladen Buntich Construction Co., Inc.
4054 in the amount of $2,472,542, and authorize the Finance Director to approve and execute
the Escrow Agreement pertaining to contract retentions for the Lincoln Avenue Relief and
Crossing Sanitary Sewer Improvements project from Beach Boulevard to Western Avenue.
10. Award the contract to the lowest responsible bidder, Socal Pacific Construction
4055 Corporation, in the amount of $292,000, and authorize the Finance Director to approve and
execute the Escrow Agreement pertaining to contract retentions for the Westridge Pump
Station replacement of engine pump and electrical modifications for portable generator
project.
13. Approve the Subdivision Agreement of Parcel Map 2005-201, located at 1041 N. Shepard
4058 Street.
14. Approve the Acquisition Agreement for the purchase of real property located at 1711 and
4059 1721 West Katella Avenue and authorize the acquisition payment of $156,280 to Chris and
Dia Andrews for the Katella Avenue Smart Street project.
15. Waive the sealed bid requirement of Council Policy 306 and authorize the Purchasing
D180 Agent to issue a purchase order in an amount of $33,057.70, including tax, to AristaTek, for
a PEAC Hazardous Materials Identification Software Program for the Fire Department and
issue a master agreement in the amount not-to-exceed $800 per year for necessary
technical support and upgrades for the ongoing operation of the PEAC program for a period
of one year and exercise renewal options thereafter.
ANAHEIM CITY COUNCIL MEETING MINUTES
May 30, 2006
Page 5
16. Waive the sealed bid requirement of Council Policy 306 and authorize the Purchasing
D180 Agent to issue a purchase order to PIPS Technology, Incorporated, in the amount of
$52,333.75 (including tax), for the purchase of two mobile Automated License Plate
Recognition systems for the Police Department's Homeland Security Division.
18. Waive the sealed bid requirement of Council Policy 306 and authorize the Purchasing
D180 Agent to issue a purchase order to SirsiDynix, for computer server equipment for the library
in an amount not-to-exceed $42,000.
19. Approve an increase in the contract amount with Turbo Data Systems, Incorporated by
D180 $67,800, for a not-to-exceed amount of $187,500, for parking citation processing for Public
Works, Planning, Police, Convention Center/ Stadium and Fire Departments, for the
remainder of the contract year ending September 30, 2006 and subsequent renewals in
accordance with Bid #6628.
20. Accept the low bid and authorize the execution of an agreement to E-Z-GO !Textron, in an
D180 amount not-to-exceed $561,165, for a three year period for the lease/maintenance of 157
electric golf carts, with the option to lease or rent up to 30 additional units all in accordance
with Bid #6753.
22. Authorize the Purchasing Agent to accept the bid of The Rouse Company, in a not-to-
D180 exceed amount of $142,096 (including tax), for the installation of custom carpet for the
Convention Center, all in accordance with Bid #6759.
23. Accept the low bids of De La Secura, Incorporated (DLS), in the not-ta-exceed amount of
D180 $100,000, for demolition and wall construction, and of Kevin's Painting, in the not-to-exceed
amount of $166,500, for painting services for the Public Works Department, Facility
Services Division for a period of two years, with three, one-year optional renewals, and
authorize the Purchasing Agent to exercise the renewal options in accordance with Bid
#6734.
24. Approve Amended and Restated Cooperation Agreement (West Anaheim Sanitary Sewer
3493 Improvements) by and between the Agency and the City of Anaheim and authorize the City
Manager to execute the agreement on behalf of the City. (See Agency Item #1)
25. Approve the Plumbing Utility Agreement between the City of Anaheim and TFC Inc., dba
3324 Freeman Electrical Services authorizing the provision of plumbing services, on a non-
exclusive basis, to tenants at the Convention Center who require such services in
connection with events.
26. Approve the Electrical Utility Agreement between the City of Anaheim and TFC Inc., dba
3325 Freeman Electrical Services authorizing the provision of electrical services, on a non-
exclusive basis, to tenants at the Convention Center who require such services in
connection with events.
27. Approve an amendment to the agreements with private tow companies that provide tow
1606 services to the Police Department which will extend the agreements for three months to
1607 allow the Police Department to evaluate options for selection of companies to provide
1611 such services in the future and authorize the City Manager to sign the amendments.
ANAHEIM CITY COUNCIL MEETING MINUTES
May 30, 2006
Page 6
29. Approve Water Conservation Funding Agreement No. 70026 between the City of Anaheim
4060 and the Metropolitan Water District of Southern California to provide funding for residential
water conservation items and authorize the Public Utilities General Manager to execute the
agreement.
30. Approve and authorize the Public Utilities General Manager to execute a first amendment to
2739 a consulting service agreement with Independent Energy Consultants, Inc (IEC) extending
the term for the existing contract for an additional two years, in the amount of $360,000, as
funds from the original contract for long term power supply and transmission planning
support.
31. RESOLUTION NO. 2006-097 A RESOLUTION OF THE CITY COUNCIL OF THE
P124 CITY OF ANAHEIM accepting certain deeds conveying to the City of Anaheim certain real
properties or interests therein. (City Deed Nos. 10952-10955)
32. RESOLUTION NO. 2006-098 A RESOLUTION OF THE CITY COUNCIL OF THE
2738 CITY OF ANAHEIM approving the Workforce Investment Act Title I Master Subgrant
Agreement between the City of Anaheim and the State of California for the term of April 1,
2006 through June 30, 2008.
33. RESOLUTION NO. 2006-099 A RESOLUTION OF THE CITY COUNCIL OF THE
D175 CITY OF ANAHEIM (i) reissuing a proclamation of the existence of a local emergency in the
City of Anaheim as heretofore proclaimed by the Director of Emergency Services of the City
of Anaheim and ratified by City Council Resolution No. 2005-17, and (ii) determining that
the need for continuing the local emergency exists. (Ramsgate Drive area)
34. RESOLUTION NO. 2006-100 A RESOLUTION OF THE CITY COUNCIL OF THE
D154 CITY OF ANAHEIM approving a Letter of Understanding between the Anaheim Municipal
Employees Association, General Unit, and the City of Anaheim.
RESOLUTION NO. 2006-101 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM approving a Letter of Understanding between the Anaheim Municipal
Employees Association, Clerical Unit, and the City of Anaheim.
RESOLUTION NO. 2006-102 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM approving a Letter of Understanding between the International
Brotherhood of Electrical Workers, Local 47, and the City of Anaheim.
RESOLUTION NO. 2006-103 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM approving a Letter of Understanding between the International
Brotherhood of Electrical Workers, Local 47 part time customer service employees and the
City of Anaheim.
RESOLUTION NO. 2006-104 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM amending the rates of compensation for job classifications designated
as confidential and rescinding Resolution No. 2005R-168.
RESOLUTION NO. 2006-105 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM amending Resolution No. 2000R-123 which established rates of
compensation for job classifications designated as Administrative Management.
ANAHEIM CITY COUNCIL MEETING MINUTES
May 30, 2008
Page 7
RESOLUTION NO. 2006-106 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM amending Resolution No. 2000R-124 which established rates of
compensation for job classifications designated as Middle Management.
RESOLUTION NO. 2006-107 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM amending Resolution No. 2000R-125 which established rates of
compensation for job classifications designated as Professional.
RESOLUTION NO. 2006-108 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM amending rates of compensation for job classifications designated as
Executive Management and rescinding Resolution No. 2005-171.
RESOLUTION NO. 2006-109 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM amending Resolution No. 2005-170 which established rates of
compensation for job classifications designated as Administrative, Middle Management,
Professional and Supervisory Management.
RESOLUTION NO. 2006-110 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM amending Resolution No. 2000R-129 which established rates of
compensation for job classifications designated as Fire Safety Management.
RESOLUTION NO. 2006-111 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM amending Resolution No. 92R-17 which established personnel rules for
Management, Confidential and Non-Represented Part-Time Classifications.
RESOLUTION NO. 2006-112 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM amending Resolution No. 2000R-130 which established Managemt
Pay Policies for Classifications designated as Executive, Administrative, Middle
Management, Supervisory and Professional including Police and Fire Safety Management.
36. Approve the regular meeting minutes dated May 9, 2006 and May 16, 2006.
END OF CONSENT CALENDAR:
11. Award the contract to the lowest responsible bidder, Erickson-Hall Construction Company,
4056 in the amount of $3,478,000, and authorize the Finance Director to approve and execute
the Escrow Agreement pertaining to contract retentions for the Anaheim Fire Station No.
11.
Mayor Pringle removed this item from the consent calendar to emphasize the City's on-going
progress to modernize the Fire Department, asking Chief Smith to provide a brief presentation.
Chief Roger Smith reported the project would award the construction bid for the first fire station to
be built since 1984, an 8,000 square foot facility to be located in Twila Reid Park on the west side
of the City. He indicated the new fire station would provide better response times on the west side
and expanded service to Department operations with eleven stations covering the City. Mayor
Pringle commented the City was also working on establishing a fire station on the furthest western
perimeter of the City as well as one or possibly two stations in the Platinum Triangle area based
upon added developments in each of those locations and that while Fire Station 11 would be
financed and maintained by the General Fund, the proposed three fire stations would be financed
and supported by developer's fees.
ANAHEIM CITY COUNCIL MEETING MINUTES
May 30, 2006
Page 8
Council Member Chavez requested details on staffing for Station No.4 and the new Station No. 11;
Chief Smith responded two companies were assigned currently to Station NO.4 and one of those
paramedic engine companies would be moved over to Station No. 11, resulting in two single
company stations. Formerly working out of Station No. 4 and recognizing the need for a fire station
on the west side of town, Council Member Chavez expressed pleasure in having a part in the
establishment of the new fire station.
Council Member Hernandez moved to award the contract to the lowest responsible bidder, Arizona
Pipeline Company, in the amount of $8,355,218.81, and authorize the Finance Director to approve
and execute the Escrow Agreement pertaining to contract retentions for the Underground District
No. 52-Broadway Phase" project, seconded by Council Member Chavez. Roll call vote: Ayes - 5;
Mayor Pringle, Council Members: Chavez, Galloway, Hernandez and Sidhu. Noes - O. Motion
carried.
12. Award the contract to the lowest responsible bidder, Arizona Pipeline Company, in the
4057 amount of $8,355,218.81, and authorize the Finance Director to approve and execute the
Escrow Agreement pertaining to contract retentions for the Underground District No. 52-
Broadway Phase II project.
Mayor Pringle requested Item 12 be pulled from the consent calendar to highlight the City's
continuing effort towards undergrounding utilities on major thoroughfares and streets. He stated it
was an expensive process and took many years to accomplish but the City had made it a priority
and this project was the next step in undergrounding power and communication systems on
Broadway from Euclid to Manchester. Bob Delucco, Utilities Department, stated the project would
extend from the west side of Euclid over to Manchester and also included portions of Loara. He
acknowledged the Department had been coordinating with the community related to equipment
placement and in this case, had worked with Loara High School to place the equipment in an area
suitable for them as well as for the City. He added this was part of a 5-year program and Council
would see an update to that 5-year program in the coming weeks.
Council Member Sidhu asked if landscaping was replaced once the utilities were underground.
Mayor Pringle pointed out there were no street medians on Broadway nor were there plans to put
them in but for areas having a street landscaping plan, the City tried to match the undergrounding
with the landscaping plan. The City Manager pointed out the Utilities Department did contribute
toward corridor beautification efforts both through undergrounding but also through funding of
approximately $1 million a year. Council Member Sidhu asked if communications lines were
underground as well. Mr. Delucco responded that the undergrounding was a joint trenching
process and the communication/cable lines were placed on top of the City's utilities and in this way
the roadway would not be torn up multiple times.
Council Member Galloway moved to award the contract to the lowest responsible bidder, Arizona
Pipeline Company, in the amount of $8,355,218.81, and authorize the Finance Director to approve
and execute the Escrow Agreement pertaining to contract retentions for the Underground District
No. 52-Broadway Phase II project, seconded by Council Member Sidhu. Roll call vote: Ayes - 5;
Mayor Pringle, Council Members: Chavez, Galloway, Hernandez and Sidhu. Noes - O. Motion
carried.
ANAHEIM CITY COUNCIL MEETING MINUTES
May 30, 2006
Page 9
17. Waive the sealed bid requirement of Council Policy 306 and authorize the issuance of a
D180 purchase order to Dooley Enterprises, Incorporated for the as needed purchase of
Winchester Ranger brand ammunition, in the not-to-exceed amount of $304,000, for a
period of one year with four, one-year options to renew, and authorize the Purchasing
Agent to exercise the optional renewals.
Chief John Welter reported the Police Department used Winchester ammunition in its law
enforcement activities, which included target practice, firearms training, and range qualifications.
He pointed out Winchester was specifically manufactured for the exclusive use of law enforcement
organizations and purchasing had solicited information from Winchester regarding distribution
channels to get the ammunition and identified Dooley Enterprises as the sole authorized distributor
for Southern California. He noted the estimated cost of the purchase was $227,500 based on the
previous year's supply of ammunition and the not to exceed amount of $304,000 took into account
current pricing as well as the expected 20 percent increase in pricing in due to a significant
increase in metal prices
Chief Welter explained ammunition was a mission-critical element of policing and Winchester
provided ammunition for shotguns and long-range weapons. They also provided ammunition for
hand guns and SWAT weapons as well, however the Department used Federal Fire Arms for those
uses. He emphasized the City retained experts who researched and analyzed the best
ammunition based on reliability, rapidity and penetration capacity for all weapons used by the
Department.
Council Member Sidhu was reluctant to waive the bidding process pointing out there were other
companies manufacturing ammunition and the best price would be gained through the competitive
bid process. Chief Welter responded that based on research and the experts review, it was
believed Winchester was the best ammunition for Anaheim handguns and that Federal Firearms
was substandard for that particular use. Council Member Sidhu asked if other California agencies
used Federal; Chief Welter stated the Department used Federal for shotgun and long-range
weapons ammunition but he did not know whether other agencies utilized them for handguns.
Council Member Chavez moved to approve Item No. 17, seconded by Council Member Sidhu. Roll
call vote: Ayes - 5; Mayor Pringle, Council Members: Chavez, Galloway, Hernandez and Sidhu.
Noes - O. Motion carried.
21. Ratify the issuance of a two year master agreement with SmartSynch, Incorporated, in an
D180 amount not-to-exceed $112,500 per year, for electric meter satellite communication
charges for the Public Utilities Department.
Council Member Sidhu indicated the SmartSync contract had been awarded in 2001 and wondered
why it had not been re-bid at this time. Ken Noller, Utilities Department, replied the program was
for the paging of 680 smart meters with a proprietary protocol utilizing satellite paging and had
been tested for five years and found to be satisfactory. He explained the Department was also
testing five other protocols not using satellite paging which should be less costly but would not be
fully analyzed for another two years. He added staff requested the extension of this contract for
two more years under the premise new systems would be available to transfer these types of
meters within the two year period.
Council Member Sidhu asked what would happen to the meters and why extend the contract if the
meters were going to be replaced in two years. Mr. Noller replied staff was looking for a protocol
ANAHEIM CITY COUNCIL MEETING MINUTES
May 30, 2006
Page 10
that did not require satellite paging, possibly going to wireless internet utilizing the City's WIFI
system but that further testing for accuracy and reliability was needed before a decision could be
made.
Council Member Hernandez asked what measures had been taken to prevent the reoccurrence of
an administrative error that had taken place in the past. Mr. Noller indicated when that error had
occurred the Department was going through implementation of a new software system and the
transfer of information from one of the master agreements had been dropped, a problem he did not
feel would happen again. He added without the administrative error, the contract would have
otherwise been an automatic renewal.
Council Member Hernandez moved to ratify the issuance of a two year master agreement with
SmartSynch, Incorporated, in an amount not-to-exceed $112,500 per year, for electric meter
satellite communication charges for the Public Utilities Department, seconded by Council Member
Galloway. Roll call vote: Ayes - 5; Mayor Pringle, Council Members: Chavez, Galloway,
Hernandez and Sidhu. Noes - O. Motion carried.
28. Authorize the transfer of ownership of retired police canine "Luke. to Officer Jesse Romero
0160 and retired police canine "Zeus. to Officer Mark Brucks.
Chief Welter asked Council to approve transferring the ownership of two retiring police dogs from
the City to their police officer handlers. He stated the policy and practice was to retire the dogs
after five years on the street as they were no longer effective and to transfer ownership to their
handlers. He indicated there were five dogs now in the K-9 units which covered shifts seven days
a week during the critical hours of the day and were very effective. He noted the basic academy
was about eight weeks, there were 26 hours of on-going training and the dogs worked three 12-1/2
hour shifts at a minimum and were called out from home frequently to look for burglary or robbery
suspects and help with narcotics interdiction. He added their help in recovering narcotics assisted
in funding the helicopter program and the junior cadet and pal program.
Council Member Sidhu asked if Officers Brucks and Romero would continue to be K-9 handlers
and Chief Welter responded they had already been transferred to another division.
Council Member Hernandez moved to approve the transfer of ownership of retired police canine
"Luke" to Officer Jesse Romero and retired police canine "Zeus. to Officer Mark Brucks, Council
Member Chavez seconded the motion. Roll call vote: Ayes - 5; Mayor Pringle, Council Members:
Chavez, Galloway, Hernandez and Sidhu. Noes - O. Motion carried.
35. RESOLUTION NO. 2006-113 A RESOLUTION OF THE CITY COUNCIL OF THE
0154 CITY OF ANAHEIM adopting a Memorandum of Understanding establishing terms and
conditions of employment for employees in classifications assigned to the Anaheim
Firefighters Association, Local 2899.
Council Member Galloway remarked that the Anaheim Firefighters (AFA) contract had been a long
process but the result was agreeable to both parties and she commended the negotiating teams
for their efforts. She added the goal was to bring firefighters up to a certain level of compensation
as they had ranked close to the bottom in a survey of 20 comparable agencies. She pointed to the
ANAHEIM CITY COUNCIL MEETING MINUTES
May 30, 2006
Page 11
unique situation in Anaheim with tourism venues, world famous entertainment venues and the
large visitor population which impacted the workload of those in public safety.
Council Member Chavez thanked Council for approving a market realignment study for a number
of other workforce groups on City staff and also thanked them for the direction taken with the AFA
contract. He believed the process had taken too long as the contract ended last July, and
suggested agreeing to compensation parameters earlier in the process would have speeded up the
time line, recommending this step for future negotiations with any bargaining units. Council
Member Sidhu indicated he would support the contract as it was agreeable to both parties,
although he had disagreed with some of the items contained within. Council Member Hernandez
was also supportive of the contract and pleased to see compensation moving ahead which would
attract more qualified individuals to the Department. Mayor Pringle remarked that it had been a
long, drawn-out process with many issues and commended the negotiating teams for delivering an
equitable contract.
Council Member Galloway moved to approve Resolution No. 2006-113, seconded by Council
Member Sidhu.
RESOLUTION NO. 2006-113 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM adopting a Memorandum of Understanding establishing terms and conditions of
employment for employees in classifications assigned to the Anaheim Firefighters Association,
Local 2899.
Roll call vote: Ayes - 5; Mayor Pringle, Council Members: Chavez, Galloway, Hernandez and
Sidhu. Noes - O. Motion carried.
37. Consider appointment to the Planning Commission, term to expire June 30,2009. (Ed
B105 Perez) (Continued from the May 9,2006 meeting, Item #29 and the May16, 2006 meeting,
Item 39)
Council Member Galloway nominated Stephen Faessel, who was currently serving on the Public
Utilities Commission, and asked if his nomination was approved, that he begin after he finished his
commitment on the Public Utilities Commission. With no other nominees offered, Mr. Faessel was
unanimously appointed as of June 1, 2005 through June 30, 2009.
38. Consider appointment to the Park and Recreation Commission, term to expire June 30,
B105 2007. (Rick Skinner) (Continued from the May 9,2006 meeting, Item #30 and the May 16,
2006 meeting, Item 40)
Mayor Pringle nominated Mike Brennan, principal of South Junior High School, an active individual
and resident of Anaheim Hills who expressed an interest in serving the City. With no other
nominees put forth, Mr. Brennan was unanimously approved.
Report on Closed Session Actions:
Mayor Pringle reported on the Council's decision to appeal the Orange County Superior Court's
decision allowing the Angels Baseball to continue to use "Los Angeles" in the name of the
ANAHEIM CITY COUNCIL MEETING MINUTES
May 30, 2006
Page 12
franchise. He indicated the vote had been 4 to 1 with Council Member Sidhu dissenting. He
acknowledged it had been a difficult decision but there had been a number of errors in the court
case and in the jury instructions which the City Attorney team felt had been detrimental to the case
especially after interviewing the jury after the decision. Mayor Pringle emphasized the City would
have liked to resolve the issues between the parties and had been in contact with Angels Baseball
attempting such a resolution but was unable to come agreement. Two key issues were the Angels'
insistence on having all or a portion of their legal fees paid by the City and the court's statement of
decision which went beyond the scope of the verdict by granting Angels Baseball the opportunity to
use uLos Angeles" as the sole geographic reference to the team. By allowing this, stated the
Mayor, the City would be paving the way for the team to leave the City of Anaheim. For all those
reasons, he stressed Council believed it was imperative to insure the benefits the residents
received from this contract be supported. He added the legal costs of $3 to $4 million for the court
case were being paid from the Enterprise Fund related to the Pond and the Stadium, not from the
City's general fund, and that Anaheim's legal counsel had agreed to cap the appeal fees at
$150,000.
City Attorney Jack White reported no other actions were taken during closed session.
Council Communications:
Council Member Hernandez reported on the death of Larry Sir, Public Works Department retiree.
He also thanked the Veterans of Foreign War (yFW) and American Legion for the Memorial Day
Service and the opportunity for him to speak on that day.
Council Member Galloway reported on her attendance of the ICSC Convention (International
Convention of Shopping Centers) held last week in Las Vegas, representing Anaheim to
developers and retailers. She also spoke of her sorrow at the loss of Orange City Council Member
Steve Ambriez, commenting on his honorable vision of public service.
Council Member Sidhu recognized two students from Canyon High School, Chelsey Brubeck and
Ashley Cole. He announced Canyon Hills would be hosting the UTaste of the Canyon" benefit the
next night with signature food from fine restaurants and live entertainment by the Chance Theatre
and invited the community to attend. He also addressed his reasons for voting against appealing
the court decision in the City's case against Angels Baseball. He stated nearly 80 percent of civil
appeals were unsuccessful and resulted in affirming the underlying judgment without modification
and he therefore opposed spending more time and money on an appeal. With the Angels Baseball
seeking to have their attorney fees of $7 to $8 million paid by the City, he recommended pursuing
some type of global settlement and mending relationships with the Angels rather than spending
additional monies on an appeal.
Council Member Chavez requested the City Attorney to address the taxicab issue brought up in
public comments. Mr. White stated Ms. Cassell represented the South Coast Cab Company since
they were seeking a permit from the City many years ago. When the City converted from a permit
to a franchise system over five years ago, South Coast Cab was specifically invited to apply for a
franchise during that competitive bidding process and they chose not to do so. When the
ordinance was adopted five years ago, Mr. White indicated it phased out all the existing permits.
South Coast Cab had 117 permits and that permit would expire May 31, 2006. He added South
Coast had five years in which they could seek redress and had not done so, and in fact they had
filed cases in both the state and federal court. The federal court judge late last week found that the
City's ordinance was upheld and denied South Coast Cab's request for a stay order. Mr. White
ANAHEIM CITY COUNCIL MEETING MINUTES
May 30, 2006
Page 13
noted the company had now filed a motion in the 9th circuit court of appeal in the federal court
system for the same relief. He emphasized that the firm had five years in which they could have
brought up this issue to the City.
Council Member Chavez also expressed sorrow at the death of Orange City Council Member
Steve Ambriez. He also addressed his reasons for seeking appeal in the Angels Baseball court
case believing the cost of the appeal was worth the chance to prevail as he felt it was of huge
importance to Anaheim to retain its name.
Mayor Pringle reported he had also attended the ICSC Convention in Las Vegas at his own
expense to represent the City in a venue where there were more shopping center owners and retail
store owners in one location. He met with Watt's Development which had two shopping centers in
Anaheim and with CIM Properties who were doing a number of developments downtown. He also
reported the City would be exploring potential options for the stadium parking lot land parcel as
NFL owners were unable to reach an agreement on building a stadium. He indicated the City
would continue to meet with NFL staff about the potential football stadium.
At 7:00 P.M., Mayor Pringle adjourned the meeting to June 13, 2006, 2:00 P.M., for the purpose of
budget workshop.
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Sheryll S. Schroeder, MMC