Loading...
2003/06/03 ANAHEIM, CALIFORNIA - CITY COUNCIL MEETING ADJOURNED REGULAR MEETING JUNE 3, 2003 The City Council of the City of Anaheim met in adjourned special session. The Notice of Continuance and Notice of Adjournment was posted at 3:00 P.M. on May 21,2003 on the exterior door of the Anaheim Council Chambers, announcing the adjournment to June 3, 2003 at 2:00 P.M. for the purpose of a workshop on the proposed 2003/2004 fiscal year budget. PRESENT: Mayor Curt Pringle, Council Members: Tom Tait, Shirley McCracken, Bob Hernandez and Richard Chavez. STAFF PRESENT: City Manager David Morgan, City Attorney Jack White, City Clerk Sheryll Schroeder. A copy of the agenda for the meeting of the Anaheim City Council was posted on May 30, 2003 at the City Hall outside bulletin board. Mayor Curt Pringle called the adjourned special meeting to order at 2:17 P.M. in the Council Chambers of the Anaheim City Hall, 200 South Anaheim Boulevard. WORKSHOP: City Manager Dave Morgan began by explaining that the workshop was for review of the City's fiscal year 2003/2004 budget. He noted that Council had received budget presentations from other departments at the May 20,2003 meeting. City Manager Morgan introduced the Chief of Police, Roger Baker, who provided an overview of the Police Department's proposed fiscal year 2003/2004 budget. City Manager Morgan then introduced Fire Chief, Roger Smith, who provided an overview of the Fire Department's budget. At approximately 3:25 PM, Mayor Pringle adjourned the special meeting of the Anaheim City Council and called to order the regular meeting of June 3, 2003. Charles Ahlers, Anaheim/Orange County Visitor and Convention Bureau President presented the Bureau's proposed budget. Next, Greg Smith, Convention, Sports and Entertainment Department Director, presented his department's proposed budget. At this time, there were no public comments. At approximately 4:07 P.M. Mayor Pringle continued the public hearing to June 10, 2003, at 2:00 P.M. ANAHEIM CITY COUNCIL MEETING MINTUES JUNE 3, 2003 PAGE 2 ADDITIONS/DELETIONS TO CLOSED SESSION: The City Attorney noted that an additional item had been brought to the City's attention after the posting of the agenda and needed to be added to the Closed Session portion of the agenda. The item to be added was conference with legal counsel, existing litigation, Section 54956.9 (a), Moore, et al v. City of Anaheim, Orange County Superior Court Case No. 03CC03952. Council Member McCracken moved to add the Closed Session item to the agenda, seconded by Council Member Hernandez. Motion carried unanimously. PUBLIC COMMENTS - CLOSED SESSION ITEMS: None Mayor Pringle recessed to Closed Session at 4:09 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: City of Anaheim v. Kajima Engineering & Construction, Inc., Orange County Superior Court Case No. 02CC2876. 2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9 of the Government Code) Name of case: Moore, et al. v. City of Anaheim, Orange County Superior Court Case No. 03CC03952. AFTER RECESS: Mayor Pringle called the regular Council meeting of June 3, 2003 to order at 5:10 P.M. and welcomed those in attendance. INVOCATION: Pastor Ken Cartildge, First Baptist Church of Anaheim FLAG SALUTE: Council Member Chavez PRESENTATIONS: Recognizing the official delegation from Geochang County, Republic of Korea. Recognizing the recipients of the Anaheim Chamber of Commerce Gene Autry Humanitarian Awards. PROCLAMATIONS AND DECLARATIONS: Recognitions to be presented at a later date were: Recognizing Eagle Scout Award recipients in Boy Scout Troop 699. Proclaiming June 2003 as Prostate Cancer Awareness Month. Recognizing Dr. Jan Billings on her retirement from the Anaheim Union High School District. ANAHEIM CITY COUNCIL MEETING MINTUES JUNE 3, 2003 PAGE 3 At 5:25 P.M., Mayor Pringle recessed the City Council meeting until after the Redevelopment Agency and Anaheim Housing Authority meetings. Additions/Deletions to the Agenda: Staff requested Item A21 be removed from the Consent Calendar of the June 3,2003 Council meeting. (A21. Approve the Stipulation for Entry of Judgment in Condemnation for the property located at 1680 West Lincoln Avenue and authorize the final settlement payment of $17,872.50 to First American Trust Company and $221.00 to Equilon Enterprises, LLC. for the Lincoln Avenue/Euclid Street Intersection Improvements.) Public Comments: James Reade spoke about the ongoing persecution by the Anaheim Police Department. Warren Brurmberg said he felt Code Enforcement was targeting senior citizens, citing an instance where Code Enforcement threatened jail if he did not plant something between his rose bushes. Stephanie O'Neill said that Council Member Chavez should abstain from discussing or voting on Item A41 , citing that he had a direct economic conflict of interest in the matter. She said he was employed by Eli Home Inc., the only business in the city to be operating under a CUP that had been pulled. She said Fair Political Practices Commission verified Council Member Chavez's need to abstain. Ms. O'Neill respectfully requested that Mayor Pringle and Council Member Tait abstain on A41 as they had a moral conflict of interest in the item. Ray Enriquez warned about railroad trains being run remotely, or unmanned, through Anaheim. He requested the issue be placed on the June 17, 2003 agenda. William Fitzgerald, spoke about criminal penalties imposed against two city residents. He indicated that the city brought criminal charges against a resident after the resident refused to sell his property. Betty Catling also spoke about the possibility of remote train operation instead of having a Class I engineer. Mayor Pringle said staff would look into it and return to Council with a report. Esther Wallace, representing WAND, asked Council to leave the current provisions in place. John Poole, retired Code Enforcement Manager, said he worked with the individuals Mr. Fitzgerald spoke about for 15 years. He felt the process was working and he encouraged Council not to change it. ANAHEIM CITY COUNCIL MEETING MINTUES JUNE 3, 2003 PAGE 4 Mayor Pringle clarified that the item on the agenda dealt with violations of a single condition of a conditional use permit and criminalizing that single condition. He noted the item had nothing to do with eliminating all criminal prosecutions on violations. It was a very narrow element that was added in 1999, he explained, and that it had never been used. Mr. Poole said he understood but was concerned that this was a first step. Vic Real spoke against removal of criminal penalties for code enforcement. Roberta Glasser, property manager in Anaheim Hills, spoke about a lawsuit that had been filed against her by Ms. O'Neill. Cynthia Ward said she was grateful Council wanted to be more business friendly but wondered why they would consider using the removal of the criminal penalty tool from CUP's. Susan Bakbedear read a letter from Judy Johnson citing a correlation between crime and code violations. Richard Delgado said he wished to see code enforcement more available on weekends. He indicated that he was supposed to be a part of a committee regarding parking problems. He said he had spoke to City Engineer Johnson who indicated residents would not be a part of the committee. Mayor Pringle noted that when the parking issue was before Council a few weeks ago, they dispensed with the Council Policy on permit parking for the purpose of having staff review the system. One staff member was out on medical leave that would be important to the process, he explained, and when that staff member returned, it would be reviewed by staff and returned to Council. Prior to that, people who had left their names with staff would be notified, prior to the report coming to Council, for their input, Mayor Pringle explained. Elaine Proko said she saw no reason to take criminal penalties away from code enforcement, that it gave them better leverage than a fine. Barney Carroll indicated that the city had come along way in cleaning up various areas and if the criminal penalties were removed, it would be going backward. Helen Bethers spoke about the lack of handicapped parking close to the Senior Center. Mayor Pringle stated that several individuals at the Senior Center had notified Council of this and the City Manager was looking into what the city needed to do about this situation. City Manager Morgan explained that staff had met with the Board of the Senior Citizen Club and had developed plans, which will be reviewed with Council in June. The plan, he noted, would add handicapped parking next to the Center. If all approvals were secured, the plan would be put in place before the end of the calendar year. ANAHEIM CITY COUNCIL MEETING MINTUES JUNE 3, 2003 PAGE 5 Peggy Erdner said if the Council took away pieces of the code enforcement provisions, the city would end up with nothing. Jack Marstin urged Council not to remove the criminal penalties from code enforcement. Barbara Gonzalez cited the assistance that code enforcement had provided to young people by visiting their overcrowded living quarters. Judithanne Gillette requested that Council "stay the course" with the current code enforcement laws. She noted that when a conditional use permit was agreed to, the conditions should be complied with. Gail Kramer said that years ago Anaheim had a bad reputation and that now property values had increased due to the fact that the city had not allowed deterioration to go on. Steve Staveley felt the City had made progress using code enforcement tools but the job was not complete, there was much to be done. He said that the city needed all the tools that they had for those that do not comply. Just because the section had never been used did not prove that it should be removed, he finalized. Max Engle spoke in opposition to removal of the criminal penalty for code enforcement. An unidentified woman spoke to Council against the removal of the section from the code. Jonathan Howard said Concerned Citizens of the Canyon had received over 25 letters against decriminalization of code enforcement, which he submitted. Manny Bandujo spoke about the lack of handicapped parking and wheelchair ramps in the front and side of the community center building. He suggested the east patio should be made into handicapped parking and a drop off lane should be added. Bill Lane opposed any change that weakened code enforcement. Mr. Lopez said code enforcement had played a very important role in his neighborhood and that children could now play on the street. Mike Nebun, Chamber of Commerce, said when the issue related to health and safety, people should be penalized to the full extent of the law. He indicated that in 1999, when the provision was added to the code, the Chamber expressed their opposition to the criminalization of civil infractions. He said the Chamber was reiterating their previous position. Frank Feldhaus said there were violators that would not accept a suggestion to clean up. He spoke about various businesses where conditional use permits regulated them. Cheri McCracken Phillips said she had requested three items be removed from the agenda. ANAHEIM CITY COUNCIL MEETING MINTUES JUNE 3, 2003 PAGE 6 Bob Ball mentioned a "broken window analogy" and spoke about the numerous abandoned shopping carts in the city. Jim Lamparter stated that his claim against the city for roof damage by city trees was denied. He requested that the two city trees be removed that were dangerous to his house. Patricia Scanlon reiterated a story about being told she was guilty of a misdemeanor by code enforcement for inoperative vehicles in her back yard. Robert Willing spoke regarding code enforcement. Ken Chinn reported a recent graffiti incident in his neighborhood and that he was thankful code enforcement took care of the problem. Irv Pickler encouraged Council to leave the penalty provision in the code. Alma Rameriz mentioned her lack of trust in the city and code enforcement management. Jim Bonsteel encouraged people to volunteer in code enforcement to see how much improvement had been made. Consent Calendar: Items A1 - A40, Council Member Tait stated he would abstain on Items A18, 22, 32 and 35. Mayor Pringle said he would abstain on Item A35. Council Member McCracken removed Item A34, 38 and 39 for separate action. Mayor Pringle removed Item A8 for separate action. Council Member Tait moved, seconded by Council Member McCracken, 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 Consent Calendar. Resolutions Nos. 2003R-89 through 2003R-95 and Ordinance Nos. 5861,5862 and 5863 were offered for adoption. Roll Call vote: Ayes - 5; Mayor Pringle, Council Members McCracken, Tait, Hernandez, Chavez. Noes - o. Recorded abstentions by Council Member Tait on Items A18, A22, A32, A 35 and abstention vote on Item A35 by Mayor Pringle. Motion carried. 118 A 1. Reject certain claims filed against the City. 106 A2. Receive and file the comments and recommendations concerning the City's proposed annual budget from the Budget Advisory Commission and minutes of the Budget Advisory Commission meeting held April 16, 2003. 160 160 160 160 160 139 ANAHEIM CITY COUNCIL MEETING MINTUES JUNE 3, 2003 PAGE 7 A3. Accept the low bid of New Age Communications, in an amount not to exceed $494,450 (including tax), for a new detention facility security console for the Police Department in accordance with Bid #6357. A4. Accept the low bid of Southern California Trane Service, in the amount of $77,504 (including applicable taxes), for the purchase of one air handler for the Convention Center concession kitchen in accordance with Bid #6376. A5. Accept the bid of Mear Construction, Inc., in an amount not to exceed $318,156, for the painting and restoration of fixtures and community furniture over a two- year period in the Anaheim Resort District in accordance with Bid #6381. A6. Accept the bid of CST Environmental, Inc., in an amount not to exceed $243,500, for the Convention Center Arena ceiling tile replacement in accordance with Bid #6384. A7. Accept the low bid of J. H. Baxter & Company, Inc., in an amount not to exceed $336, 793 (excluding applicable taxes), for wood utility poles and cross arms for the Public Utilities Electrical Engineering Program and authorize the Purchasing Agent to issue a blanket purchase order for the period of July 1, 2003 through June 30, 2004, with three one-year optional renewals in accordance with Bid #6391. A8. Support AB 710, authored by Assembly Member Lou Correa, which would restructure the Orange County Transportation Authority Board of Directors. Mayor Pringle mentioned that the measure would reconstitute the Orange County Transportation Authority Board with additional city representations. The bill, he said, would have 10 representatives from cities instead of 6, the 10 members would be 5 members of the cities that are the largest within each supervisoral district and the other 5 would be elected within each supervisoral district. He noted that many cities did not support AB71 0 because it provided Anaheim, Santa Ana, Huntington Beach, Irvine, Mission Viejo with dedicated seats and it challenged the structure of the Orange County League of Cities. He said the cities voted on a compromise as an alternative to present to Assemblyman Lou Correa. The vote was 30 in favor and 3 against. He said that with that vote, the Orange County League of Cities misrepresented what took place and from that point forward the claim was that the cities that voted for the compromise were not just supporting a compromise, but were opposing the original bill. He exclaimed that was totally false. He mentioned that Council Member McCracken's work reflected that Anaheim had worked hard for a dedicated seat on the OCT A Board along with Santa Ana and other cities. However, he said, the Orange County League of Cities misrepresented what took place and as early as last week they sent a letter to the Orange County Transportation Authority claiming that that vote was opposing AB71 O. Mayor Pringle said the bottom line was AB71 0, as authored by Assemblyman Lou Correa, was moved forward in good faith to ensure that large cities had a say in the OCT A. Assemblyman Correa tried to work with the League of Cities and over the last couple of years he felt he could not build a compromise, therefore the measure, AB710, ANAHEIM CITY COUNCIL MEETING MINTUES JUNE 3, 2003 PAGE 8 was a product that he was able to put together through the support of various cities and legislatures. Mayor Pringle said, to ensure that the representation by the League did not continue, he asked staff to put on the agenda support for AB71 0, which would provide Anaheim and the other largest cities within the supervisorial districts a dedicated seat on the OCT A Board and the other five city representatives would be voted by supervisorial district. Mayor Pringle moved to support AB71 0, seconded by Council Member McCracken. Council Member McCracken stated that she had been working on it for three years. She felt the OCT A Board did not recognize that the larger cities had the largest number of bus riders. She said that they had to make their position clear. Roll call; Ayes - 5: Mayor Pringle, Council Members McCracken, Tait, Chavez, Hernandez. Noes - O. Motion carried. Mayor Pringle asked that the City Manager bring forward further discussion regarding the city's dues to the League of California Cities. 160 A9. Waive Council Policy No. 306 and authorize the Purchasing Agent to issue a purchase order to Synchronex, Inc., in the amount of $160,740 (plus tax and shipping), for supplying the City with traffic surveillance equipment. 123 A 10. Award the contract to the lowest responsible bidder, Pouk & Steinle, Inc., in the amount of $4,860,000, for Underground District No. 45, Phase II, located at State CollegeNermont Street to Cerritos Avenue and approve and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. 123 A 11 . Award the contract to the lowest responsible bidder Robert G. Castongia, Inc., in the amount of $1 ,005,551, for Clementine Street Water Main Replacements and approve and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. 123 A12. Award the contract to the lowest responsible bidder General Pump Company, Inc., in the amount of $192,660, for destruction of Well Nos. 6, 7 and 35 and approve and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. 123 A 13. Award the contract to the lowest responsible bidder, Valverde Construction, Inc., in the amount of $95,370, for construction of Pressure Regulating Station No. 66 and approve and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. 123 A 14. Award the contract to the lowest responsible bidder, Steiny & Company, in the amount of $125,700.40, for the installation of a traffic signal at La Palma Avenue and Columbine Street and approve and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. 123 123 123 158 ANAHEIM CITY COUNCIL MEETING MINTUES JUNE 3, 2003 PAGE 9 A 15. Award the contract to the lowest responsible bidder Pro Tech Engineering, in the amount of $437,528, for the Anaheim Colony (Area 1) and East Street Anaheim (Area 4) Community Development Block Grant Street Light Improvements and approve and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. A 16. Approve an Agency-State Agreement for Federal Aid Project No. 12-5055, Program Supplement No. 114-M, for the East Street Improvement Project from La Palma Avenue to Cypress Street. A 17. Approve and authorize the City Manager to execute the First Amendment to Agreement with Los Angeles Engineering, Inc., in the amount of $833 per month, for rental of City property located on the east side of Manchester Avenue, south of Lincoln Avenue for an additional three months. A18. Approve the Temporary Right-of-Entry Agreement with Carl Karcher Enterprises, Inc. for the property located at 5701 East La Palma Avenue for the Imperial Highway Smart Street Improvement Project. Council Member Tait abstained on Item A18. 158 A 19. Approve the Right of Entry Agreement with Lawrence D. Kurtz and Monica M. Kurtz, in the payment amount of $1 ,000, for the right-to-enter on property located at 311 South State College Boulevard to allow for the reconstruction and/or relocation of an overhead sign. 123 A20. Approve Amendment to Agreement with Walt Disney World Co. concerning reversible lane operation and other lane control operations on public right-of-way. A21. Approve the Stipulation for Entry of Judgment in Condemnation for the property 121 located at 1680 West Lincoln Avenue and authorize the final settlement payment of $17,872.50 to First American Trust Company and $221.00 to Equilon Enterprises, LLC. for the Lincoln Avenue/Euclid Street Intersection Improvements. Item A21 was pulled from the agenda at the request of staff. 121 A22. Approve the Stipulation for Entry of Judgment in Condemnation and Proposed Judgment in Condemnation for the properties located at 5737, 5701 and 5750 East La Palma Avenue and authorize the final settlement payment of $168,606.61 to Marcia Ann Halligan and $75,000 to Carl Karcher Enterprises, Inc. for the Imperial Highway Smart Street Project. Council Member Tait abstained on Item A22. 123 A23. Approve the Orange County Sanitation District Cooperative Projects Program, West Anaheim Area Inspection and Assessment Funding Agreement for closed ANAHEIM CITY COUNCIL MEETING MINTUES JUNE 3, 2003 PAGE 10 circuit television inspection, manhole inspection and condition assessment for the sewer system in the West Anaheim Sewer Area. 123 A24. Approve the Orange County Sanitation District Cooperative Projects Program, West Anaheim Area Sewer Flow Monitoring Funding Agreement for implementation of a sewer flow-monitoring project for the West Anaheim Sewer Area. 174 A25. RESOLUTION NO. 2003R-89 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving and authorizing an application for funds from the Orange County Sanitation District's Cooperative Project Program Grant for closed circuit television inspection, manhole inspection, inflow/infiltration identification and condition assessment of the Central Anaheim Area Sewer System and authorizing the City Manager to execute all necessary documents in connection with such application and subsequent award of funds. 174 A26. RESOLUTION NO. 2003R-90 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM approving and authorizing an application for funds from the Orange County Sanitation District's Cooperative Project Program Sewer Flow Monitoring Grant for the central Anaheim area and authorizing the City Manager to execute all necessary documents in connection with such application and subsequent award of funds. 158 A27. RESOLUTION NO. 2003R-91 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. 10625, 10626 and 10627). 158 A28. RESOLUTION NO. 2003R-92 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 (Deed Nos. 10630, 10629, 10592, 10631 and 10628). 176 A29. RESOLUTION NO. 2003R-93 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM declaring its intention to vacate certain public streets, highways and service easements (Abandonment No. ABA2003-00069, 251 - 291 Coffman Avenue). Public hearing scheduled for July 8, 2003. 123 A30. Approve the First Amendment to Agreement with At-Your-Service-Hospitality, Inc. to incorporate a new entity to administer and perform the concession at Anaheim Hills Golf Course, to be designated as ''The Clubhouse." 123 A31. Ap~rove an agreement with the Canyon Hills Community Council to conduct the 15t Annual July Fourth Festival at Peralta Canyon Park on July 4, 2003 and ANAHEIM CITY COUNCIL MEETING MINTUES JUNE 3, 2003 PAGE 11 approve an expenditure of $5,000 to support the Festival events, including the 10K/5K run, street parade, musical entertainment and fireworks display. 123 A32. Approve the License Agreement with Pacific Bell Telephone Company, allowing access to the Pacific Bell Telephone Company parking lot for patrons attending City sponsored events held at the Pearson Park Amphitheatre on June 20, August 2, 3, 9, 23, September 6, 13 and October 25, 2003. Council Member Tait abstained on Item A32. 123 A33. Approve an agreement with CES Electrical, Inc. authorizing CES Electrical to provide various electrical services, on a non-exclusive basis, to persons at the Convention Center who require such services in connection with events. 142 A34. ORDINANCE NO. 5861 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending Section 13.04.010 of Chapter 13.04 of Title 13 of the Anaheim Municipal Code relating to the Parks and Recreation Commission. Council Member McCracken said she wished the Council could have discussed the issue of the boards and commissions. She suggested that the seven non-voting members of the Park and Recreation Commission come from the seven school districts. Mayor Pringle noted that he had no concern with that proposal. Council Member McCracken offered the ordinance for reading and moved to amend the ordinance to make the seven non-voting members one board member from each of the school districts. Seconded by Council Member Chavez. Hearing no objections, the motion passed. 179 A35. Determine that the Negative Declaration is adequate to serve as the required environmental documentation for Annexation No. 283 (Brookhurst ARCO annexation). RESOLUTION NO. 2003R-94 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM agreeing to the property tax exchange between the City of Anaheim and the County of Orange for Annexation No. 283 - The Brookhurst ARCO annexation. Council Member Tait and Mayor Pringle abstained on Item A35. 174 A36. RESOLUTION NO. 2003R-95 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM authorizing the Chief of Police to submit a grant application on behalf of the City of Anaheim to the U.S. Department of Justice, COPS Office, for the Homeland Security Overtime Program. 123 A37. Approve and authorize the Public Utilities General Manager to execute the following software licensing and support agreements to purchase and implement ANAHEIM CITY COUNCIL MEETING MINTUES JUNE 3, 2003 PAGE 12 the Synergen, Inc. Work Management System for the Public Utilities Department 1) an agreement with Electronic Data Systems Corporation, in an amount not to exceed $1,505,000 (excluding taxes); 2) the Synergen Software License Agreement, in an amount not to exceed $415,000 (excluding taxes); and 3) Synergen Annual Software Support Agreement, in an amount not to exceed $87,000 per year, plus an annual inflation factor, not to exceed the national consumer price index. 142 A38. ORDINANCE NO. 5862 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending Section 1.04.810 of Chapter 1.04 of Title 1 of the Anaheim Municipal Code relating to the Community Services Board. Council Member McCracken said she had no problem with Ordinance No. 5862, but she wished the Council could have had a workshop on the board and commission process. 142 A39. ORDINANCE NO. 5863 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM adding new Section 1.04.857 to Chapter 1.04 of Title 1 of the Anaheim Municipal Code relating to Sesquicentennial Commission. Council Member McCracken asked what the appointment process would be for the new Commission. Mayor Pringle said the Council was working through the process now. He noted that he was reviewing the structure of the different committees and he asked the City Attorney the best way for the Council to handle it. City Attorney White stated that under the Brown Act, a collective census of Council could only be arrived at a public meeting that had been properly noticed. He suggested that Council could discuss it at the end of the agenda or request that the item be agenized for a future date or a workshop. Mayor Pringle instructed the City Clerk to place under Council Comments, for the June 17,2003 meeting, discussion of commission reorganization and allow for a general discussion at the end of that meeting. 114 A40. Approve the adjourned regular meeting minutes dated May 20, 2003. END OF CONSENT CALENDAR 142 A41. Discussion of Misdemeanor Prosecution of Municipal Code Violations. ORDINANCE NO. 5834 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM amending subsection .100 of Section 6.44.010 of Chapter 6.44 of Title 6 of the Anaheim Municipal Code relating to public nuisances. Council Member Tait said he put the item on the Council agenda three years ago, the Council passed an ordinance that made violations of conditional use permit conditions a ANAHEIM CITY COUNCIL MEETING MINTUES JUNE 3, 2003 PAGE 13 criminal penalty. He said he voted against it at that time. The way he read the ordinance, he said, any violation of any conditions, no matter how slight, was deemed a nuisance and under the city's code, a nuisance was a criminal penalty. The problem he said was that any business with a conditional use permit could be deemed a criminal. He said he had a problem with that in that he did not think it was constitutional. Also different interpretations could be different from someone at the counter and a different one from an inspector. He said he was not talking about blatant, intentional, gross violations of city codes and decriminalizing them. He said no one wanted to decriminalize those. The code was extremely complicated he noted, and subject to a vast array of interpretations. He explained that staff also recommended that it be eliminated because it was not being used. He stated that he never intended to send a message that he did not appreciate what code enforcement had done. This was about what a threat of prosecution can do to a law-abiding citizen, he informed, saying people who were criminals, the threat of prosecution did not bother them. The vast majority of law abiding citizens who may inadvertly run afoul because of the city's code, to get a letter stating that they were in criminal violation and were subject to six months in jail, he said was just wrong and that was the reason he brought it forward. Council Member Chavez said he wanted to clarify that he worked 20 hours a week for the Eli Home, which was a home for abused children. He said he had been a volunteer there for seven years and now worked 20 hours a week. He said Ms. O'Neill suggested that the Eli Home was operating illegally, though she did not use that word, he said he thought that was what she was trying to indicate, in violation of the CUP. It was determined some time ago before he became a member of Council, that the Eli Home did not need a conditional use permit. Council Member Chavez said Ms. O'Neill also indicated that there was an issue about his office on Harbor Blvd. He explained the office that he worked out of on Harbor Blvd. was a counseling center for the Eli Home and they counseled parents of children who are at risk for abuse. There was also no CUP violation, he finalized. City Attorney White explained that the ordinance on the agenda related only to the issue of what should be the appropriate penalty for violations of a condition of an existing conditional use permit. The current ordinance and the provision that Council was considering repealing, apply equally to all conditional use permits and had nothing to do with any specific business. He said the Eli Home did not have a conditional use permit so the ordinance would not apply to the Eli Home. The Political Reform Act was clear, he explained, that the official had a conflict if the decision had a material, financial effect upon him or her or any of their properties or business interest, except where the effect is the same generally upon the public at large. He said it was his opinion that there was no conflict of interest to Council Member Chavez or any other member of the Council because of any involvement with or employment by the Eli Home. Council Member McCracken asked what paragraph1 004 said. City Attorney White stated that 1004 was added in 1999 and was in the public nuisance chapter of the code that defined what prohibited uses were in the city. It would have added as a prohibited use the violation of any condition of a conditional use permit. Where it became problematic, he noted, in terms of criminal enforcement was that in the ANAHEIM CITY COUNCIL MEETING MINTUES JUNE 3, 2003 PAGE 14 same chapter under public nuisance it was also a misdemeanor and enforceable like a crime. Council Member McCracken stated that a business could create a nuisance even though they were operating in conformance with their CUP and City Attorney White stated that was correct. City Attorney White clarified that what the ordinance said was that if they violate a condition, they were in fact creating a nuisance regardless if there was any adverse effect upon the community. He said the reason staff, Planning Commission and the City Attorney's Office was recommending repealing the section, the City had no provision prior to 1999 and the remedy prior to 1999 was to hold a public hearing and consider revocation or modification of the existing condition if there was a violation. When Council adopted the 1999 provision, it had never been used for criminal prosecution purposes, he informed, and it was staff's belief that there was not a need for it and if it caused a concern that the city would in the future use it for criminal prosecution, then the city was better off not having it. He finalized by saying that in his opinion and the Code Enforcement Office, the City still had adequate tools existing whether they had the particular sub-section. Council Member McCracken mentioned that the City still had sufficient laws in place to continue the process for addressing the issue of CUP violations. Council Member Hernandez said that section .1004 was not the penalty typically used. Mr. White agreed, adding that in a typical slumlord case the city had 50 or more specific code sections in various codes that were violations and this would have absolutely no effect in a case like that. Mayor Pringle said that he was pleased that Council Member Tait put the item on the agenda. He said when the city established conditional use permit on a business, the business is told under what conditions they can operate, they could mean the hours that they operate, color of paint, the type of people who could come and go if the establishment served alcohol. He said the businesses made a deal with the city. He informed that the city had many options to ensure that businesses were in compliance with the CUP or the Council had the authority to close the business down. He noted that a violation of one of the conditions of the CUP could mean going to court for legal ramifications. He explained that there were over 20,000 home owners that had code violations last year and when they were told that they should focus on fixing them, most of them did. He felt this discussion started the protocol of what the City does and he believed that there were some codes that were too old and did not have effect today. He said that he believed that people's civil liberties were very important but he wanted to make sure that the city had the tools in place so that they could go after people that violated them. Council Member Tait introduced Ordinance No. 5864. 5:30 P.M. Public Hearinas: ANAHEIM CITY COUNCIL MEETING MINTUES JUNE 3, 2003 PAGE 15 176 B1. To consider the abandonment of a portion of a public alley right-of-way adjacent to Paul Revere School north of the centerline of Iris Street. (Abandonment No. ABA2003-66). REQUESTED BY: Anaheim City School District, 1001 South East Street, Anaheim, CA 92805 Natalie Meeks, Public Works, presented the staff report. Mayor Pringle opened the public hearing and hearing no testimony, closed the public hearing. Council Member McCracken moved, seconded by Council Member Tait, to approve the CEQA FINDING: CATEGORICALLY EXEMPT, CLASS 5, adoption of Resolution No. 2003R-96 and approve the quitclaim of the City's right, title and interest in the abandoned area to the applicant. RESOLUTION NO. 2003R-96 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM declaring its intention to vacate certain streets, highways and service easements for ABANDONMENT NO. ABA2003-00066. Roll call vote: Ayes - 5; Mayor Pringle, Council Members McCracken, Tait, Chavez, Hernandez. Noes - O. Motion carried. Report on Closed Session Actions: None Council Communications: Council Members wished the Ducks luck in the Stanley Cup playoffs. Mayor Pringle asked the City Manager to provide the Council at their next meeting on June 10, 2003, answers why Adelphia Cable did not have local customer service and provide a local customer service number. He voiced his concerned that local citizens were being properly served. Council Member Hernandez said there was a lot of confusion on Item A41 and it was important that the press report it accurately. Adiournment: There being no further business to come before the City Council, Mayor Pringle adjourned the meeting at 8:33 P.M. to June 10,2003 at 2:00 P.M. for the continued 2003/2004 budget public hearing. Respectfully submitted: ~~ Sheryll Schroeder, CMC City Clerk