2003/09/16
ANAHEIM, CALIFORNIA - CITY COUNCIL MEETING
SEPTEMBER 16, 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 September 16, 2003 on the exterior door of the
Anaheim Council Chambers, announcing the adjournment to 4:00 P.M. due to a lack of quorum.
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 September
12, 2003 at the City Hall outside bulletin board.
Mayor Curt Pringle called the regular meeting to order at 4:10 P.M. in the Council Chambers of
the Anaheim City Hall, 200 South Anaheim Boulevard.
ADDITIONSIDELETIONS TO CLOSED SESSION: None.
PUBLIC COMMENTS - CLOSED SESSION: None.
Mayor Pringle moved to recess to Closed Session for the following purposes:
1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Section 54956.9 of the Government Code)
Name of case: David v. Baker, et al., United States District Court Case No. SACV 02-
827 AHS (Anx); 9th Circuit Court of Appeal No. 03-55736.
2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Section 54956.9 of the Government Code)
Name of case: Gammoh v. City of Anaheim, Orange County Superior Court Case No.
73-61-82.
3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Section 54956.9 of the Government Code)
Name of case: California Federal Bank v. City of Anaheim, Orange County Superior
Court Case No. 02CC13972.
4. CONFERENCE WITH LABOR NEGOTIATORS
Agency designated representative: David Hill
Employee organizations: Anaheim Municipal Employees Association
5. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Titles: City Manager, City Clerk, City Attorney, City Treasurer
AFTER RECESS:
Mayor Pringle called the regular Council meeting of September 16, 2003 to order at 5:22 P.M.
and welcomed those in attendance.
ANAHEIM CITY COUNCIL MEETING MINUTES
SEPTEMBER 16, 2003
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INVOCATION:
Pastor Steve Fiechter, Grace Lutheran Church
FLAG SALUTE:
Council Member Hernandez
PRESENTATIONS: Sarah Alevizon presented the firefighter plaque and statue to the City of
Anaheim Fire Department, Chief Roger Smith.
PROCLAMATIONS AND DECLARATIONS:
Recognitions to be presented at a later date were:
Recognizing Los Amigos of Orange County on their 25th Anniversary.
Proclaiming September 26, 2003, as Developmental Disabilities Day.
Proclaiming September 28, 2003, as the Susan G. Komen Breast Cancer Foundation Race for
the Cure Day.
At 5:28 P.M., Mayor Pringle recessed the City Council meeting until after the Redevelopment
Agency meeting.
Mayor Pringle reconvened the City Council meeting at 5:29 P.M.
ADDITIONSIDELETIONS TO THE AGENDA: City Clerk Sheryll Schroeder announced Item
A21 withdrawn from agenda at request of staff.
PUBLIC COMMENTS:
James Robert Reade commented on Police Department concerns.
Kathleen Dogendorf spoke regarding traffic safety concerns at the intersection of Wilhelmina
and Citron. City Manager Morgan said staff would research the matter.
Jorge Acosta requested Council's consideration of regulating rental increases for apartment
dwellers. Council Member Hernandez indicated State law prohibited landlords from increasing
rent more than 10% each year and recommended a tenant/landlord resolution agency for
assistance.
CONSENT CALENDAR:
Items A1 - A26: Council Member Chavez moved, seconded by Council Member McCracken,
to waive reading in full of all ordinances and resolutions and to approve the following in
accordance with the reports, certifications and recommendations furnished each Council
Member and as listed on the Consent Calendar.
Items A8 and A14 were removed from Consent Calendar by Mayor Pringle for separate action
and discussion.
Item A21 was removed from agenda at the request of staff.
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ANAHEIM CITY COUNCIL MEETING MINUTES
SEPTEMBER 16, 2003
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Roll Call vote: Ayes - 5; Mayor Pringle, Council Members McCracken, Tait, Hernandez,
Chavez. Noes - O. Motion carried.
A 1. Reject certain claims filed against the City.
A2. Receive and file the Monthly Financial Analysis presented by the Finance Director for
one month ended July 31,2003; minutes of the Golf Advisory Commission meeting held
July 24, 2003; and minutes of the Redevelopment and Housing Commission meeting
held July 16, 2003.
A3. Accept the low bid of California Retrofit, Inc., in an amount not to exceed $54,615 (tax
inclusive), for the replacement of ballasts and lamp sockets at City Hall West in
accordance with Bid #6402.
A4. Accept the low bid of Nobest, Inc., in an amount not to exceed $23,968 (tax inclusive),
for concrete removal and/or replacement for Facility Services in accordance with Bid
#6406.
A5. Waive the newspaper-advertising requirement of Council Policy No. 306, accept the low
bid and authorize the Purchasing Agent to issue a purchase order to Pacific Coast
Reprographics, in an amount not to exceed $70,000 (including tax), for reprographic
services for the Public Works Department for a one year period with four additional one-
year renewals in accordance with Bid #6407.
A6. Authorize the Purchasing Agent to issue purchase orders for food and beverage
equipment for the new Anaheim Hills Golf Course clubhouse, in amounts not to exceed
$220,000 (including taxes), to the lowest responsive and responsible bidders upon
receipt and analysis of the sealed bids without returning to Council with specific, detailed
award recommendations.
A7. Authorize the issuance of a change order to Sun Belt Landscape & Maintenance, Inc. to
increase the not to exceed amount by $60,000, bringing the total not to exceed amount
to $387,360 for the two-year period that began on January 1, 2002 and will expire
December 31, 2003 for landscape maintenance of the West Anaheim City right-
of-ways, parkways, and berms and authorize the Purchasing Agent to increase the not
to exceed amount of the future contract renewals to provide funding for additional areas
of landscape maintenance that will be added by the City during the next three years.
A9. Approve the Easement Deed to Southern California Gas Company for property located
at 301 West Katella Avenue.
A 10. Approve the Second Amendment to Agreement with AMEC Earth and Environmental,
Inc. to increase the term of the agreement by one year for testing, inspection and
consulting services for City projects.
A 11. Approve the Stipulation for Entry of Judgment in Condemnation with Hollywood
Entertainment Corporation, in the acquisition payment amount of $35,000, for the
property located at 1201 - 1235 South Euclid Street for the Ball Road/Euclid Street
Intersection Project.
A 12. Approve the Stipulation for Entry of Judgment in Condemnation and Final Order of
Condemnation with First American Trust Company, in the final settlement payment
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ANAHEIM CITY COUNCIL MEETING MINUTES
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amount of $19,806.29, for property located at 1680 West Lincoln Avenue for the Lincoln
Avenue/Euclid Street Intersection Improvements.
A13. Approve an agreement with Robert D. Peterson Law Corporation to represent the Public
Utilities Department in proceedings involving Cal-OSHA.
A15. Authorize the Fire Chief to accept a grant award from the State Office of Homeland
Security for the fiscal year 2002 State Domestic Preparedness Grant Program and
increase the Fire Department's fiscal year 2003/04 budget by increasing revenues and
expenditures in the amount of $65,861.37.
A 16. Approve an agreement with the Orange County Probation Department to perform
services in conjunction with a grant award from the California Office of Traffic Safety.
A 17. Approve and authorize the Chief of Police to execute a Footage Licensing Agreement
with NHL Productions, at no cost to the City, for the purpose of obtaining footage of NHL
sporting events for use in a City video production relating to the security at last years
Stanley Cup finals.
A 18. Approve and authorize the Chief of Police to execute an agreement with Wellness
Solutions, Inc., in an amount not to exceed $105,000, for the management and
coordination of the Police Department's Wellness Incentive Program for the period from
October 9, 2003 through October 8, 2004.
A19. RESOLUTION NO. 2003R-178 RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM authorizing the destruction of certain City records more than two
years old (Police Department).
A20. RESOLUTION NO. 2003R-179 RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM to continue a Disadvantaged Business Program for all projects in
the City of Anaheim receiving United States Department of Transportation funding and
continuing a disadvantaged business enterprise participation goal of ten percent.
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A21. ORDINANCE NO. (INTRODUCTION) AN ORDINANCE OF THE CITY OF
ANAHEIM adding new Chapter 6.99, Sections 6.99.010 through 6.99.020, to Title 6 of
the Anaheim Municipal Code relating to illegal speed contests and exhibitions of speed
(prohibiting spectators).
Item A21 withdrawn from Consent Calendar at request of staff.
A22. ORDINANCE NO. 5887 (INTRODUCTION) AN ORDINANCE OF THE CITY
OF ANAHEIM amending the zoning map referred to in Title 18 of the Anaheim Municipal
Code relating to zoning (Reclassification No. 2003-00095, 2300 West Lincoln Avenue).
A23. ORDINANCE NO. 5888 (INTRODUCTION) AN ORDINANCE OF THE CITY
OF ANAHEIM amending the zoning map referred to in Title 18 of the Anaheim Municipal
Code relating to zoning (Reclassification No. 2003-00096, 1218 South Beach Boulevard
and 2954 - 2978 West Ball Road).
A24. ORDINANCE NO. 5872 (ADOPTION) AN UNCODIFIED ORDINANCE OF THE
CITY OF ANAHEIM authorizing an amendment to the contract between the City of
ANAHEIM CITY COUNCIL MEETING MINUTES
SEPTEMBER 16, 2003
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Anaheim and the Board of Administration of the California Public Employees Retirement
System (Introduced at the Council meeting of August 19, 2003, Item A20).
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A25. ORDINANCE NO. 5886 (ADOPTION) AN ORDINANCE OF THE CITY OF
ANAHEIM amending the zoning map referred to in Title 18 of the Anaheim Municipal
Code relating to zoning (Reclassification No. 2001-00064, 3119 - 3169 West Lincoln
Avenue) (Introduced at the Council meeting of August 26,2003, Item A17).
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A26. Approve minutes of the Council meeting held August 26, 2003.
END OF CONSENT CALENDAR:
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A8.
Approve, in concept, the Residential Permit Parking Program recommendations, direct
staff to incorporate recommendations into a new City Council policy and direct staff to
return to Council with recommendations on administration and enforcement of the
Residential Permit Parking Program.
Mr. John Lower, Traffic Manager, explained the nine point recommendations for the
proposed Residential Permit Parking Program. Mayor Pringle complimented Mr. Lower
on the hard work and effort that went into this program. Council Member McCracken
requested a balanced voting solution be found that is fair to apartment dwellers and to
single family residences alike. Mr. Lower asked that the nine points be approved in
concept, and that the number 2 recommendation be modified to direct staff to go back to
the neighborhood improvement teams to work through these issues and see what those
different ideas would mean in terms of program administration. Mayor Pringle requested
the voting be fair to ensure numerous votes from apartment residences not swamp the
vote of the single family neighborhoods and also recommended that the permit costs be
reasonable and that a certain number of guest permits be available without charge.
Council Member Tait stated that as a minimum, rather than 50% of the vote, the majority
of homes on the street should vote.
Council Member McCracken moved to approve the Residential Permit Parking Program
in concept with staff directed to select model neighborhoods to work through the issues
and return to Council with a recommendation from the neighborhood teams before
implementation of the plan. Motion seconded by Council Member Tail. Roll Call Vote:
Ayes - 5; Mayor Pringle, Council Members McCracken, Tait, Hernandez, Chavez. Noes
- O. Motion carried.
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A 14. Adopt the interim Citizen Participation Plan and approve the composition of the Advisory
Commission and set a public hearing on October 28, 2003 to consider amending the
Consolidated Plan Document to incorporate the new Citizen Participation Plan
(continued from the Council meeting of August 26, 2003, Item A6).
Elisa Stipkovich, Community Development Executive Director, provided a brief overview
of the interim Citizen Participation Plan which created a new Housing and Community
Development Commission to not only serve in that capacity but also be part of a larger
group called the Citizen Advisory Group made up of the Housing and Community
Development Commission plus four elected members of four neighborhood councils
encompassing the entire city. Ms. Stipkovich also indicated that in forming this
ANAHEIM CITY COUNCIL MEETING MINUTES
SEPTEMBER 16, 2003
PAGE 6
commission, the four elected members would be selected from representatives from
various neighborhood councils.
Council Member Hernandez moved to approve the plan for the 30-day comment period
before returning to Council for final consideration; second by Council Member Chavez.
Roll Call: Ayes - 5; Mayor Pringle, Council Members McCracken, Tait, Hernandez,
Chavez. Noes - O. Motion Carried
105 A27. Ratify the four nominations of ex officio, non-voting members of the School District
representatives to the Park and Recreation Commission: Anaheim City School District,
Susan Prueus; Anaheim Union High School District, Thomas "Hoagy" Holguin; Magnolia
School District, Clifford E. Breeden, Jr.; and Orange Unified School District, Melissa J.
Smith. Terms for the four ex officio members will expire on June 30, 2007.
Mayor Pringle indicated Centralia School District requested Dennis Salts represent their
district.
Councilmember Tait moved to ratify the five nominations to the Park and Recreation
Commission, seconded by Council Member Hernandez. Roll Call Vote: Ayes - 5;
Mayor Pringle, Council Members McCracken, Tait, Hernandez, Chavez. Noes - O.
Motion carried.
105 A28. Consider appointing a citizen to serve on the Planning Commission to complete the
unexpired term of John Koos, which will expire June 30, 2006.
Mayor Pringle requested this matter be continued for one week. Council Member Tait
moved to approve the continuation; seconded by Council Member McCracken. Motion
carried unanimously.
105 A29. Consider appointing a citizen to serve on the Community Center Authority, term to expire
June 30, 2004.
Council Member Tait placed in nomination the name of Larry Slagle to serve on the
Community Center Authority. No further nominations were offered. Roll call vote: Ayes-
4; Mayor Pringle, Council Members Tait, Hernandez, Chavez. Noes - O. Abstention -1;
Council Member McCracken. Motion carried.
105 A30. Consider appointing a citizen to serve on the Community Services Board to complete the
unexpired term of Larry Herschler, term to expire June 30, 2006.
Council Member Chavez placed Ernie Bedoza, Anaheim Firefighter, in nomination to
serve on the Community Services Board. Approval of this appointment continued to the
next City Council meeting while staff researches whether City employees may serve on
the Board. Hearing no objection, the item is continued for one week.
105 A31. Consider appointing two members to serve on the Sesquicentennial Commission, terms
to expire December 31,2007 [Mayor Pringle (1) and Mayor Pro Tem Tait (1)].
Council Member Tait placed Arte Moreno in nomination to serve on the Sesquicentennial
Commission. Hearing no objections, Mr. Moreno was unanimously appointed. Mayor
ANAHEIM CITY COUNCIL MEETING MINUTES
SEPTEMBER 16, 2003
PAGE 7
Pringle requested that his nomination to the Sesquicentennial Commission be continued
for one week.
PUBLIC HEARINGS:
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B1.
A public hearing to consider an ordinance granting a franchise to Paramount Petroleum
Corporation for operation of two underground pipelines on Knott Avenue for purposes of
petroleum transportation.
ORDINANCE NO. 5889 (INTRODUCTION) AN ORDINANCE OF THE CITY
OF ANAHEIM granting a franchise to Paramount Petroleum Corporation, a Delaware
Corporation, to maintain and operate pipelines for the transportation of hydrocarbon
substances in Knott Avenue.
Natalie Meeks, Public Works Department, explained that Paramount Petroleum
requested a franchise agreement for pipeline recently purchased from Senco which was
operating under an expired City franchise. Paramount Petroleum's franchise agreement
had been negotiated and included rates that increased by CPI over the term.
Mayor Pringle opened the public hearing and hearing no testimony, closed the hearing.
Ordinance No. 5889 was introduced.
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B2.
A public hearing to consider the abandonment of a portion of a public utility easement
located at 1100 West La Palma Avenue.
At the meeting held August 19, 2003, Item A24, the Anaheim City Council adopted
Resolution No. 2003R-170 declaring its intention to vacate certain public streets,
highways and service easements and setting a date and time to consider the
abandonment of a public utility easement located at 1100 West La Palma Avenue.
(Abandonment No. 2003-00074).
Natalie Meeks, Public Works Department, indicated the abandonment was not required
due to Underground District No. 43 and that the property owner had designated a
replacement easement to accommodate the undergrounding program.
Mayor Pringle opened the public hearing and hearing no testimony, closed the hearing.
Council member Hernandez moved to approve the CEQA Finding of Categorically
Exempt, Class 5, adopt Resolution No. 2003R-180 for Abandonment No. 2003-00074
and approve the quitclaim of the City's right, title and interest in the abandoned area to
the property owner. Second by Council Member McCracken.
RESOLUTION NO. 2003R-180 RESOLUTION BY THE CITY COUNCIL OF THE CITY
OF ANAHEIM APPROVING ABANDONMENT NO. 2003-00074.
Roll Call vote: Ayes - 5; Mayor Pringle, Council Members Tait, Hernandez, McCracken
and Chavez. Noes - O. Motion carried.
REPORT ON CLOSED SESSION ITEMS:
Jack White, City Attorney, stated there were no reportable actions.
ANAHEIM CITY COUNCIL MEETING MINUTES
SEPTEMBER 16, 2003
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COUNCIL COMMUNICATIONS:
Council Member McCracken noted she attended a ribbon cutting ceremony for a child
development center noting that City was presented with a plaque in deep appreciation for the
City's support. Council Member McCracken requested status of Variance 2003-04573, new
home development on Western Avenue and the Planning Commission decision on that matter.
Staff indicated the September 8, 2003 Planning Commission actions would be in the Council
packets next week.
Council Member Chavez spoke regarding the death of an infant in the community, Samantha
Rose Gutierrez, and requested that two agenda items be placed on the next Council agenda: 1)
consideration of an increase in the number of bilingual firefighters, paramedics and police
officers and 2) consideration of a social services ad hoc committee to establish a social services
component in the Anaheim Police Department.
Council Member Chavez requested the Police Department refocus on Hispanic community
relationships.
Mayor Pringle requested the cancellation of October 7, 2003 Council Meeting be placed on the
next Council agenda.
Mayor Pringle welcomed students and Boy Scout Troop No. 1155 attending Council meeting
and asked them to introduce themselves.
ADJOURNMENT:
There being no further business to come before the City Council, Mayor Pringle adjourned the
meeting at 6:35 P.M.
Respectfully submitted:
~t ';It-v.lt''l
'Sheryll Schroeder, CMC
City Clerk