2003/07/22
ANAHEIM CITY HALL, ANAHEIM, CALIFORNIA
JULY 22, 2003
The City Council of the City of Anaheim met in adjourned regular session. The Notice
of Adjournment was posted at 3:00 P.M. on July 22, 2003 on the exterior door of the
Anaheim Council Chambers, announcing the adjournment to July 22, 2003 at 4:30 P.M.
PRESENT: Mayor Curt Pringle, Council Members: Shirley McCracken, Bob Hernandez
and Richard Chavez. Council Member Tom Tait was temporarily absent and entered
Closed Session later.
STAFF PRESENT: City Manager Dave Morgan, Assistant City Attorney Larry
Newberry, and City Clerk Sheryll Schroeder.
A copy of the agenda for the meeting of the Anaheim City Council was posted on July
18,2003 at the City Hall outside bulletin board.
Mayor Curt Pringle called the regular meeting to order at 4:40 P.M. in the Council
Chambers of the Anaheim City Hall, 200 South Anaheim Boulevard.
ADDITIONS/DELETIONS TO CLOSED SESSION: None
PUBLIC COMMENTS - CLOSED SESSION ITEMS: None
Mayor Pringle recessed to Closed Session at 4:40 P.M. for the following purposes:
1. CONFERENCE WITH LABOR NEGOTIATORS
Agency designed representative: David Hill
Employee organizations: Anaheim Police Association; Anaheim Firefighters
Association
2. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Significant
Exposure to Litigation pursuant to Subdivision (b) of Section 54956.9 of the
Government Code)
Number of potential cases: two
AFTER RECESS:
Mayor Pringle called the regular Council meeting of July 22, 2003 to order at 5:20 P.M.
and welcomed those in attendance.
INVOCATION: President Lynn M. Jex, The Church of Jesus Christ of Latter-day
Saints.
FLAG SALUTE: Council Member Hernandez
ANAHEIM CITY COUNCIL MEETING MINTUES
JULY 22, 2003
PAGE 2
PRESENTATIONS: None
PROCLAMATIONS AND DECLARATIONS:
Recognizing Jocelyn A. Graham on her retirement from the California Department of
Rehabilitation.
At 5:20 P.M. Mayor Pringle recessed the City Council meeting until after the
Redevelopment Agency meeting.
Mayor Pringle reconvened the City Council meeting at 5:25 P.M.
PUBLIC COMMENTS:
James Reade spoke about Anaheim Police Department.
Fred Snow thanked the Council for listening to his complaint about the traffic on Harbor
Boulevard and that issue was now being addressed.
Alma Rameriz spoke against Police Chief Baker.
John Shelton said that he was the owner of a baseball card shop and he had been cited
for putting tables out in front of his shop. He stated that his shop was zoned the same
as a supermarket.
Mayor Pringle asked City Manager Morgan to direct Mr. Shelton to a staff member that
could answer his question about having tables in front of his shop. Mayor Pringle said
that he would like to know the answer also.
City Manager Morgan said that he would request Deputy City Manager Fick to make
contact with Mr. Shelton after the Council meeting to begin discussion.
Consent Calendar: Items A 1 - A 17
Council Member Hernandez moved to waive reading in full of the ordinances and
resolutions and approve the following in accordance with the reports, certifications and
recommendation furnished each Council Member and as listed on the Consent
Calendar, seconded by Council Member Chavez. Roll call vote: Ayes - 5; Mayor
Pringle, Council Members Tait, McCracken, Hernandez and Chavez. Noes - O.
Council Member Tait abstained on Item A 12 due to a conflict of interest.
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A 1. Receive and file the Investment Portfolio Report for June 2003; the Supplemental
Law Enforcement Services Funds Report; minutes of the Deferred Compensation
Committee meetings held April 9, 2003, May 6,2003 and June 4, 2003; and
Proposed Change in Tariffed Rate Used to Calculate Transported Gas Municipal
Surcharge received from The Gas Company.
ANAHEIM CITY COUNCIL MEETING MINTUES
JULY 22,2003
PAGE 3
A2. Waive Council Policy No. 306 and authorize the Purchasing Agent to issue a
160 purchase order to Southwest Power, Inc., in an amount not to exceed
$246,763.58 (including tax), for fuse mountings, as required, for the period of
August 1,2003 through July 31, 2004 with three one-year optional renewals and
authorize the Purchasing Agent to exercise the renewal options for warehouse
stock.
A3. Authorize the Purchasing Agent to issue multiple blanket purchase orders, in an
160 aggregate amount not to exceed $2,690,000 (plus tax), for the purchase of cable
and wire for the Public Utilities Department for the period of September 14, 2003
through September 13, 2004 and authorize the Purchasing Agent to take
necessary actions to allocate, administer and renew the purchase orders for up
to four additional one-year periods in accordance with Bid #6395.
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Authorize the Purchasing Agent to increase the total not to exceed amount of the
above multiple blanket purchase orders by up to $1,690,000, when necessary, in
order to purchase the additional 15kV and 69kV cable that will be required for the
accelerated Undergrounding Project and the new Roosevelt Substation currently
planned for fiscal years 2004/05 and 2005/06.
A4. Waive Council Policy No. 306, authorize the Purchasing Agent to issue blanket
purchase orders to Motorola Communications, approve a five-year software
subscription agreement for a Mobile Data Computer System, in an amount not to
exceed $32,074.92 for the period of August 1, 2003 through July 31, 2008 and a
hardware service agreement for the period of August 1, 2003 through July 31,
2004 with four one-year optional renewals, in an amount not to exceed
$35,179.71 per year, with any increase limited to the Consumer Price Index for
the Orange County area, and authorize the Purchasing Agent to exercise
renewal option.
A5. Approve the Agreement for Dedication of Real Property located at 3302 West
Ball Road for the Ball Road, Phase II Widening Project.
A6. Approve an agreement with Geomatrix Consultants, Inc. to provide consulting
services, on an as needed basis, to assist in implementing the industrial and
commercial site inspection program to maintain compliance with the City's
National Pollutant Discharge Elimination System permit requirements.
A7. Approve the Second Amendment to Agreement with Judicial Arbitration and
Mediation Services, Inc. to continue their services in conducting arbitration
hearings in connection with safety employee disability retirements at the hourly
rate of compensation of $350 per hour.
A8. Adopt a seven year Capital Improvement Program.
A9. Approve a Negative Declaration for the West Anaheim Youth Center and Police
Station Development Project.
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ANAHEIM CITY COUNCIL MEETING MINTUES
JULY 22, 2003
PAGE 4
A 10. Approve an agreement with Hardy Holzman Pfeiffer Associates, in an amount not
to exceed $85,000, for concept and implementation plans, schedules and costs
to increase public service space, update building systems and renovate the
interior and exterior of the Anaheim Central Library.
A 11. Approve the Second Amendment to Agreement with Mercer Human Resource
Consulting, which sets out the obligation of both parties as required by the Health
Insurance Portability and Accountability Act of 1996.
123 A12. Approve a right-of-way agreement with Southern California Edison for overhead
and underground lines.
Council Member Tait abstained on Item A12 due to a conflict of interest.
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123 A13. Approve a right-of-way agreement with Southern California Edison (SCE) for a
fiber optics and 69kV electric pole-line in SCE's Barre-Villa Park 220kV
Transmission Line right-of-way.
A14. Approve and authorize the Public Utilities General Manager to execute a one-
year agreement with Henwood Energy Services, Inc. with two one-year renewal
options to extend the licensing agreement for existing software to the Public
Utilities Department, in an amount not to exceed $218,000, plus applicable sales
tax over the three-year period.
A 15. Approve and authorize the Public Utilities General Manager to execute an
agreement with Stanley Consultants, Inc., in an amount not to exceed $42,000,
to assess turbine technology options as part of the evaluation process for citing
additional electric generating power resources within Anaheim.
123 A16. Approve a First Amendment to Agreement with Edward Dietrich, dba Precision
Rotor Company, to provide on-site maintenance services for the Police
Department helicopters.
A17. Approve minutes of the Council meeting held July 8,2003.
END OF CONSENT CALENDAR
A 18. Approve the concept plans for the proposed East Anaheim Gymnasium and
direct staff to proceed with project designs.
City Manager Morgan said that the award of the project was scheduled for October
2003 with a completion date of October 2004.
Jack Kudron made a presentation regarding the East Anaheim Gymnasium.
ANAHEIM CITY COUNCIL MEETING MINTUES
JULY 22, 2003
PAGE 5
Council Member Hernandez stated that he was in favor of the project but he did not
care for the design. The front of the design was angular and sterile and he suggested
that the design be modified to be more pleasing to the eye.
Council Member Tait said that the reason for the angular design as opposed to curves
was price. He also agreed that some modifications could be made to the design of the
building.
Jack Kudron said that staff was constrained by the budget and he was doing cost
estimates as staff went through the project.
Council Member McCracken said that she supported the idea of having a gymnasium at
the location but she did not like the design. She said her concern was that the building
would be there for a long time and she preferred the building to fit more with the
surrounding buildings and area. She noted that she did not like the angular design of
the gymnasium.
Council Member Chavez acknowledged that the city was in a very tight financial climate
that affected the amount of money the city had to build the gymnasium. He said he
was supportive of the project as is.
Mayor Pringle asked the time line for approval of the concept plans for the project.
City Manager Morgan said that by voting to approve the concept plans, this would give
the architect approval to move forward with the plans that would generally be consistent
with the plans. It however, he noted, did not lock in the final definition of all the
elements. He offered that if Council was comfortable moving forward with the plans,
staff would continue to work with the architect and Council Members to make the design
as compatible as possible.
Mayor Pringle wanted to know that if the item was approved if the next step was that
bids would go out for architect services or, he asked, was it going directly to the
architect and then construction bidding after that.
Jack Kudron said that the architect was already assigned to the project and the
architect's next step was to go into design development and right behind was the
construction drawings. He said he expects to be out to bid by September 2003 and
awarding the project by October 2003 and anticipate a construction period of 10 to 12
months. He noted that staff and the architect could continue to a degree, if approval
was given at this Council meeting, but there would be a point that would be reached
where if there was no approval for the building's foot print, then this would delay the
construction drawings which would slow the entire project. He also stated that there
was a two to three week window of time before the next step.
Mayor Pringle said that he wished to move forward with the project with the
understanding that there were some modifications to be made to the appearance of the
building.
ANAHEIM CITY COUNCIL MEETING MINTUES
JULY 22, 2003
PAGE 6
Mayor Pringle suggested a motion to proceed with the item with a Council Task Force of
Council Members Tait and Hernandez to oversee the design. Council Member Chavez
moved to approve Item A 18 with the Council Task Force, seconded by Council Member
Tait. Roll call vote: Ayes - 4; Mayor Pringle, Council Members Tait, Hernandez and
Chavez. Noes - 1; Council Member McCracken. Motion carried.
105 A19. Consider appointing two citizens to serve on the Investment Advisory
Commission, both terms to expire June 30, 2007.
Council Member Hernandez nominated Ed Perez to serve on the Investment Advisory
Commission and be removed from the Budget Advisory Board, noting his qualifications
were appropriate for the Investment Advisory Commission.
Council Member Tait nominated Jim Riley.
Council Member McCracken nominated Mehdi Hirji.
Council Member Chavez placed into nomination the name of Donald Rennie.
Mayor Pringle asked Ed Perez if he had a preference which Commission he preferred to
serve on, either Budget Advisory or Investment Advisory.
Mr. Perez said that he was privileged to serve the community at large and did not have
a specific Commission or Board he wished to serve on.
Roll call vote for nominee Ed Perez: Ayes - 1; Council Member Hernandez Noes - O.
Abstentions - 4; Mayor Pringle, Council Members McCracken, Tait and Chavez.
Roll call vote for nominee Jim Riley: Ayes - 4; Mayor Pringle, Council Members Tait,
Chavez and McCracken. Noes - O. Abstentions - 1; Council Member Hernandez.
Roll call vote for nominee Nehdi Hirji: Ayes - 2; Council Members Hernandez and
McCracken. Noes - O. Abstentions - 3; Mayor Pringle, Council Members Tait and
Chavez.
Roll call vote for nominee Donald Rennie: Ayes - 2; Council Members Tait and
Chavez. Noes - O. Abstentions - 3; Mayor Pringle, Council Members Hernandez and
McCracken.
Mayor Pringle stated that Jim Riley was appointed and the remaining opening on the
Investment Advisory Board would be continued to the August 5, 2003 Council meeting,
including Item A20. As there were no objections by Council Members, the final opening
on the Investment Advisory Board was moved to the August 5,2003 Council meeting
along with Item A20.
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ANAHEIM CITY COUNCIL MEETING MINTUES
JULY 22, 2003
PAGE 7
A20. Consider appointing seven members to serve on the Sesquicentennial
Commission, terms to expire December 31,2007 [Mayor Pringle (1), Mayor Pro
Tem Tait (2), Council Members McCracken (2), Chavez (1) and Hernandez (1 )].
Item A20 continued to the August 5, 2003 Council meeting.
Public HearinQs:
81. CONTINUED PUBLIC HEARING:
WAIVER OF CODE REQUIREMENT
CONDITIONAL USE PERMIT NO. 2003-04665
AND NEGATIVE DECLARATION:
OWNER: Kenneth B. Isenhart, 302 South Benwood Drive
Anaheim, CA 92804
AGENT: Karen Isenhart, 302 South Benwood Drive
Anaheim, CA 92804
LOCATION: 302 South Benwood Drive. Property is approximately 0.19-acre,
located at the southeast corner of Academy Avenue and Benwood Drive.
To permit and retain an attached second unit in conjunction with an existing
single-family residence with waiver of minimum side yard setback.
ACTION TAKEN BY THE PLANNING COMMISSION:
Waiver of Code Requirement denied (6 yes votes, Commissioner Boydstun
absent).
Conditional Use Permit No. 2003-04665 denied (PC2003-57).
Negative Declaration approved.
(Planning Commission's decision appeal by the owner/agent).
(Continued from the Council meeting of July 8, 2003, Item B3).
Deputy City Manager Fick stated that staff had met with Mr. Isenhart and his attorney to
resolve the remaining building and safety issues regarding the property. Staff and the
applicant had arrived at conditions of approval that would work for all parties and would
ensure that the building was safe for occupancy, he explained. The requirements were
contained in Condition 3 as stated in the July 17, 2003 updated memorandum to the
City Council. He said if Item B1 was approved at this meeting, it would be confirmed by
the applicant's architect, certifying that the building met building related codes for the
year that the initial structure was built in the County. He finalized by noting the applicant
and his attorney were in agreement with the recommended conditions of approval.
Council Member McCracken moved to approve Item B1 and the CEQA Finding:
Negative Declaration and approve Resolution No. 2003R-151, seconded by Council
Member Chavez.
ANAHEIM CITY COUNCIL MEETING MINTUES
JULY 22, 2003
PAGE 8
Resolution No. 2003R-151 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM approving Conditional Use Permit No. 2003-04665.
Roll call vote: Ayes - 5; Mayor Pringle, Council Members Tait, Hernandez, McCracken
and Chavez. Noes - O. Motion carried.
121 B2. RESOLUTION NO. 2003R-152 RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM determining the public interest and necessity for
acquisition of portions of property located at 900,910,912,914 and 916 South
Harbor Boulevard for the purposes of conducting roadway improvement (R/W
ACQ 2002-00119 and R/W ACQ 2002-00120).
Natalie Meeks of the Public Works Department said that the Resolution pertained to
obtaining the acquisition of right-a-way necessary for the construction of Harbor
Boulevard, from Vermont Avenue to 260 feet south of Vermont, widening project. The
proposed project would improve traffic flow on Harbor Boulevard to the intersection of
Ball Road and up to Vermont Avenue, she noted. The Resolution also included a 60
day temporary easement to accomplish the demolition of a vacant structure that was
currently being used for storage and possible office use. The project was scheduled to
begin early 2004 which would coincide with an undergrounding project at the same
location. She explained that putting the projects together would minimize the
construction impact to the neighborhood and ensure the coordination of the construction
activity. Staff would move forward and contract the demolition of the structure upon
obtaining possession of the property to reduce the possibility of vandalism and for
safety considerations. She explained that an offer had been made to the property
owner and the process had been explained to him. Staff recommended approval by
Council to proceed with the project and there would be continued efforts by staff
involving the owner to reach a settlement.
David Cosgrove, Condemnation Counsel, reminded Council that the Resolution needed
four affirmative votes for passage.
Mayor Pringle opened the public hearing and hearing no testimony, closed the hearing.
Council Member Tait moved approval of Resolution No. 2003R-152, seconded by
Council Member Hernandez.
RESOLUTION NO. 2003R-152 RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM determining the public interest and necessity for acquisition of portions of
property located at 900,910,912,914 and 916 South Harbor Boulevard for the
purposes of conducting roadway improvement (R/W ACQ 2002-00119 and R/W ACQ
2002-00120).
Roll call vote: Ayes - 5; Mayor Pringle, Council Members Tait, Hernandez, McCracken
and Chavez. Noes - O. Motion carried.
ANAHEIM CITY COUNCIL MEETING MINTUES
JULY 22, 2003
PAGE 9
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B3. Public hearing to consider adding a gymnasium (paid for with non-district funds)
to uses authorized for public facilities financed by Community Services District
Nos. 1989-1, 1989-2 and 1989-3.
RESOLUTION NO. 2003R-153 RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM calling a special election of the qualified electors
residing within the territory of Community Facilities District No. 1989-1 (Sycamore
Canyon) to consider altering the public facilities financed by the district pursuant
to Section 53338 of the Government Code of the State of California.
RESOLUTION NO. 2003R-154 RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM calling a special election of the qualified electors
residing within the territory of Community Facilities District No. 1989-2 (The
Highlands) to consider altering the public facilities financed by the district
pursuant to section 53338 of the Government Code of the State of California.
RESOLUTION NO. 2003R-155 RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM calling a special election of the qualified electors
residing within the territory of Community Facilities District No. 1989-3 (The
Summit) to consider altering the public facilities financed by the district pursuant
to Section 53338 of the Government Code of the State of California.
Mayor Pringle asked if any protests were filed on any of the three items.
City Clerk Schroeder indicated that no written or oral protests had been presented.
Assistant City Attorney Newberry said the Resolutions would call an election for the
three Mello-Roos districts to authorize the addition of a usage of a gymnasium into
property that was initially financed in part by Mello-Roos funds. The gymnasium would
not be paid for by Mello-Roos funds but by park funds. Since it was going into a
property that was partially acquired by with Mello-Roos funds, two-thirds of the
members of the Mello-Roos districts that were involved must agree to change the
usages that were permitted and to authorize the gymnasium, he explained.
Mayor Pringle opened the public hearing and hearing no testimony, he closed the
hearing.
Council Member Tait noted he would abstain on Resolution No. 2003R-154 as he lived
in the district.
Council Member McCracken moved to approve Resolution 2003R-153, 2003R-154 and
2003R-155, seconded by Council Member Hernandez.
RESOLUTION NO. 2003R-153 RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM calling a special election of the qualified electors
residing within the territory of Community Facilities District No. 1989-1 (Sycamore
ANAHEIM CITY COUNCIL MEETING MINTUES
JULY 22, 2003
PAGE 10
Canyon) to consider altering the public facilities financed by the district pursuant
to Section 53338 of the Government Code of the State of California.
RESOLUTION NO. 2003R-154 RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM calling a special election of the qualified electors
residing within the territory of Community Facilities District No. 1989-2 (The
Highlands) to consider altering the public facilities financed by the district
pursuant to section 53338 of the Government Code of the State of California.
RESOLUTION NO. 2003R-155 RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM calling a special election of the qualified electors
residing within the territory of Community Facilities District No. 1989-3 (The
Summit) to consider altering the public facilities financed by the district pursuant
to Section 53338 of the Government Code of the State of California
Roll call vote: Ayes - 5; Mayor Pringle, Council Members Tait, Hernandez, McCracken
and Chavez. Noes - O. Motion carried. Council Member Tait abstained on Resolution
No.2003R-154.
Report on Closed Session Actions: Assistant City Attorney Newberry said there were
no reportable actions.
Council Communications:
Council Member McCracken said that she attended a League of Cities meeting
regarding the state budget and how it was going to be balanced and how any local
monies might be used to balance the state budget.
Council Member Chavez thanked the Anaheim Police Department for their investigation
of felony child abuse charges in the death of a child.
Council Member Hernandez mentioned the passing of two former long time Anaheim
employees.
Adiournment:
There being no further business to come before the City Council, Mayor Pringle
adjourned the meeting at 6:25 P.M.
Respectfully submitted:
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Sheryll Schroeder, CMC
City Clerk