2003/09/30
ANAHEIM, CALIFORNIA - CITY COUNCIL MEETING
SEPTEMBER 30, 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 30,2003 on the exterior door of the
Anaheim Council Chambers, announcing the adjournment to 4:30 P.M. due to a lack of quorum.
PRESENT: Mayor Curt Pringle, Council Members: Shirley McCracken, Bob Hernandez, Tom
Tait, 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
26, 2003 at the City Hall outside bulletin board.
Mayor Curt Pringle called the regular meeting to order at 4:35 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:
Alma Ramirez commented on the City's personnel process.
Council Member Hernandez moved to recess to closed session for the following purposes,
seconded by Council Member McCracken. Motion carried unanimously.
1. CONFERENCE WITH LABOR NEGOTIATORS
Agency designated representative: David Hill
Employee organization: Service Employees International Union, Local 1877.
2. CONFERENCE WITH LABOR NEGOTIATORS
Agency designated representative: David Hill
Employee organization: Truck Drivers Union, Local 952.
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.
AFTER RECESS:
Mayor Pringle called the regular Council meeting of September 30, 2003 to order at 5:22 P.M.
and welcomed those in attendance.
INVOCATION:
Pastor Stephen Smith, First Presbyterian Church
FLAG SALUTE:
Council Member Tait
ANAHEIM CITY COUNCIL MEETING MINUTES
SEPTEMBER 30, 2003
PAGE 2
PRESENTATIONS: October 5-11,2003 was proclaimed Public Power Week and the
proclamation was accepted by Public Utilities General Manager Marcie Edwards.
The 2003 Flag Day Essay Contest winners were recognized and students who represented the
Anaheim Union School District, Anaheim City School District and Magnolia School District
received certificates of recognition.
PROCLAMATIONS AND DECLARATIONS:
Recognitions to be presented at a later date were:
Proclaiming October, 2003, as Lupus Awareness Month.
Proclaiming October 10-12, 2003, as Original Harvest Festival Days.
At 5:50 P.M., Mayor Pringle recessed the City Council meeting until after the Redevelopment
Agency meeting.
Mayor Pringle reconvened the City Council meeting at 6:33P.M.
ADDITIONS/DELETIONS TO THE AGENDA: None
PUBLIC COMMENTS:
James Robert Reade related Police Department concerns.
Larry Vandenburg noted the Anaheim Firefighters bicycle fund raiser would take place on
October 19, 2003 with the goal of raising donations for the Burn Association.
Alma Ramirez commented on Police Department concerns.
Ed Perez announced upcoming events at the Heritage Forum.
CONSENT CALENDAR:
Items A 1 - A25: Items A 7 and A 10 were removed from Consent Calendar by Council Member
Hernandez. Council Member Tait removed Item A21 and Mayor Pringle removed Items A1,
A 12, A23 and A24.
Council Member Hernandez moved, seconded by Council Member Tait, 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. Roll Call vote: Ayes - 5, Mayor Pringle, Council Members McCracken,
Hernandez, Tait and Chavez. Noes - O. Motion Carried.
160 A2. Accept the bid of Mercury Fuels, in an amount not to exceed $124,080 (excluding taxes),
for helicopter Jet A fuel, as required, for the period of October 1, 2003 through
September 30, 2004 with four one-year optional renewals and authorize the Purchasing
Agent to exercise renewal options in accordance with Bid #6415.
160
160
16U
128
123
158
153
174
123
123
ANAHEIM CITY COUNCIL MEETING MINUTES
SEPTEMBER 30, 2003
PAGE 3
A3.
A4.
A5.
A6.
160
A8.
A9.
A11.
A13.
A14.
A15.
A16.
Accept the low bid of Southwest Power, Inc., in the amount of $22,083.06 (including tax),
for Hubbel/A.B. Chance by-pass jumper cables to be used by Public Utilities Electric
Systems, Field Services in accordance with Bid #6417.
Waive Council Policy No. 306 and authorize the Purchasing Agent to issue a purchase
order to Opticomm Corporation, in the amount of $82,743.49 (plus shipping), to supply
the City with fiber optic serial multiplexing equipment for Public Works, Traffic
Engineering.
Waive Council Policy No. 306 and authorize the Purchasing Agent to issue a purchase
order to Fisher Pierce, c/o Matzinger-Keegan, Inc., in an amount not to exceed $98,699
(plus applicable taxes), for fault indicators, as required, for a period of one year
beginning October 1, 2003 through September 30, 2004 with three one-year renewals
and authorize the Purchasing Agent to exercise the renewal options.
Authorize the issuance of a change order to GCS Western Power and Equipment,
increasing the not to exceed amount of the current blanket purchase order to $40,000,
for Tymco Sweeper parts for the Public Works Department, Fleet Services Division and
authorize the Purchasing Agent to execute up to three one-year renewal options.
Approve the replacement of the City's mainframe computer system, in an amount not to
exceed $551,000, authorize the Finance Director to execute any agreements, purchase
orders and related documents as necessary for the implementation of the system and
amend the fiscal year 2003/04 Finance Department budget by increasing revenue and
expenditure appropriations by $424,000.
Approve a Joint Participation Agreement with the City of Cypress, at an estimated cost
of $9,110, for street improvements on Cerritos Avenue from Knott Street to the western
City limits.
Approve an agreement with 888 Building LC and the Orange County Transportation
Authority to amend the agreement for purchase and sale of the former Pacific Inland
Bank property located at 888 Disneyland Drive to delete the City from the transaction.
Approve the 2003 and 2004 health plan rates and authorize the Human Resources
Director to execute all required documents on behalf of the City.
Accept a grant augmentation from the Governor's Office of Criminal Justice Planning for
the Suppression of Drug Abuse in Schools Program and amend the Police Department's
fiscal year 2003/04 budget by increasing revenues and expenditures in the amount of
$46,000.
Approve the Assignment of Rights Under Written Agreement in a reimbursement
agreement from Lloyd E. Rigler to the Lloyd E. Rigler Trust.
Approve and authorize the Public Utilities General Manager to execute the Joint Trench
Agreement with Adelphia CATV to facilitate joint trench construction work within
Underground District No. 42, State College Phase I.
123
123
113
176
114
117
105
106
ANAHEIM CITY COUNCIL MEETING MINUTES
SEPTEMBER 30, 2003
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A17.
Approve and authorize the Public Utilities General Manager to execute the Joint Trench
Agreement with Teleport Communications Group, Inc. to facilitate joint trench
construction work within Underground District No. 43, La Palma Avenue/West Street.
A18.
Approve and authorize the Public Utilities General Manager to execute the Joint Trench
Agreement with Adelphia CATV to facilitate joint trench construction work within
Underground District No. 44, Broadway Phase 1.
A19.
RESOLUTION NO. 2003R-184 RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM authorizing the destruction of City records more than two years old
(Convention Center).
A20.
RESOLUTION NO. 2003R-185 RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM declaring its intention to vacate certain public streets, highways and
service easements (Abandonment No. ABA2003-00080, 2330 - 2340 West Lincoln
Avenue).
A22.
ORDINANCE NO. 5890 (INTRODUCTION) AN ORDINANCE OF THE CITY
OF ANAHEIM repealing and adding certain sections to Chapter 1.04 of Title 1 of the
Anaheim Municipal Code relating to City boards and commissions (Housing and
Community Development Commission).
142
A25.
Approve minutes of the Council meeting held September 23, 2003 as amended.
END OF CONSENT CALENDAR:
Receive and file the Investment Portfolio Report for the month of August 2003 and
minutes of the Redevelopment and Housing Commission meeting held August 20, 2003.
For purposes of reviewing the City's investment strategy, Mayor Pringle requested the
investment portfolio report come back to Council in a format comparing financial data with other
similar entities which received interest during the same period.
A1.
City Treasurer Charlene Jung indicated that information of this type was not readily available
and there was difficulty in comparing yields of entities with different cash flows and risk
tolerance. Ms. Jung reported the State Treasurer's office required all agencies to submit
investment data and she would contact the State to determine if that data was available for use
as well as survey other agency pooled investment portfolios. Council Member McCracken
recommended using portfolio yields from the Orange County Sanitation District and Orange
County Transportation Authority and other similarly-sized agencies. Ms. Jung would provide a
comparison report to Council at a future date.
Council Member Chavez moved to approve Item A 1, seconded by Council Member Hernandez.
Roll Call vote: Ayes - 5, Mayor Pringle, Council Members McCracken, Hernandez, Tait and
Chavez. Noes - O. Motion Carried.
A7.
Approve $24,041,710 of expenditure appropriations carried over from the prior fiscal
year.
Bill Sweeney, Finance Director, explained that at the end of each fiscal year, all unencumbered
appropriations expired and it was then necessary to reappropriate the funds at the beginning of
ANAHEIM CITY COUNCIL MEETING MINUTES
SEPTEMBER 30, 2003
PAGE 5
the new fiscal period. The expenditures indicated in Item A7 were approved and included in the
02/03 budget and were being carried over into 03/04 fiscal year.
Council Member Hernandez removed Item A7 from the Consent Calendar to point out that the
City was not spending an additional $24,000,000 but that the funds were previously budgeted
and approved and were simply being carried over into another fiscal year.
Council Member Hernandez moved to approve Item A7, seconded by Council Member Chavez.
Roll Call vote: Ayes - 5, Mayor Pringle, Council Members McCracken, Hernandez, Tait and
Chavez. Noes - O. Motion Carried.
158 A10. Approve two Notices of Non-Acceptance of Recorded Declaration of Easements and
authorize the City Clerk to cause the Notices to be recorded in the Office of the County
Recorder.
City Manager David Morgan stated Item A 10 was a housekeeping matter to approve two notices
of the City's non-acceptance of easements.
Council Member Hernandez inquired as to why the easements were not accepted by the City.
Natalie Meeks, Public Works Department, indicated a condition had been attached to the
building permit for that site to either dedicate fire access to the City or install fire sprinklers in the
building. Ms. Meeks explained when the City received the recorded declaration of easement, it
did not comply with fire access requirements and was not accepted. She noted the property
owner had been working with both the Building and Fire Departments and would install fire
sprinklers in the building as an alternative.
Resident, Paul Martin spoke of his concerns as to how the building was constructed next to his
property. Mr. Martin was the owner of the private road adjacent to the new building and felt that
fraudulent information as to who owned the private road was provided to the City when the
building was constructed. Mr. Martin was denied access to the building plans until construction
was completed. In answer to Mayor Pringle, Natalie Meeks explained that if the building owner
did not comply with conditions or requirements, the building could not be occupied. Mayor
Pringle referred Mr. Martin to Natalie Meeks and requested Council receive a report addressing
Mr. Martin's concerns on the October 14, 2003 agenda.
Council Member Hernandez moved to approve Item A10, seconded by Council Member Tait.
Roll Call vote: Ayes - 5, Mayor Pringle, Council Members McCracken, Hernandez, Tait and
Chavez. Noes - O. Motion Carried.
123
A 12. Approve the License Agreement with Olive Crest/Pathways to provide office space at the
Downtown Community Center at no cost to Olive Crest for the Pathways Teen
Pregnancy Prevention and Parent Education Program.
Mayor Pringle inquired as to the type of programs being offered by Olive Crest. Terry Lowe,
Community Services Department, indicated Olive Crest was the lead agency which received a
three-year grant to mitigate a high teen pregnancy rate identified for the central part of Anaheim.
He noted that although the grant had expired, Olive Crest had continued to provide services in
the area. The services included an abstinence-based educational program for young people as
well as a parenting program.
ANAHEIM CITY COUNCIL MEETING MINUTES
SEPTEMBER 30, 2003
PAGE 6
Mayor Pringle moved to approve Item A 12, seconded by Council Member Chavez. Roll Call
vote: Ayes - 5, Mayor Pringle, Council Members McCracken, Hernandez, Tait and Chavez.
Noes - O. Motion Carried.
153
A21. RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM amending Resolution No. 92R-17 adopting personnel rules
applicable to employees in management, confidential and non-represented part-time
classifications.
City Manager David Morgan stated that on August 5, 2003, Council voted to approve new
language in the Memorandum of Understanding with the Anaheim Police Association with
respect to cost-sharing on the PERS retirement formula. He stated the new language in the
personnel rules would waive the 2.5 percent employee contribution rate for police management,
and was recommended to help alleviate some of the salary compaction issues within the Police
Department.
Council Member Tait indicated he had voted against the August 5,2003 Police Association
matter for economic reasons and to be consistent, he would register a no vote on this item for
police management.
Mayor Pringle recalled that when the MOU with the Anaheim Police Officers Association was
renegotiated, the added costs in the PERS retirement system was balanced out by give-backs
from the Association. Mr. Morgan indicated there were three give-backs by the Association: 1)
deferring a wage adjustment for one year, and it was the intent to mirror that action by deferring
the police management wage adjustment as well; 2) decreasing the opportunity to buy back
paid leave to twice a year rather than four times a year; and 3) reducing by one hour the
accumulated leave per pay period.
Mr. Morgan indicated that at this point in time, the buy-back paid leave and the reduction of
leave per pay period had not yet been determined for police management. Mayor Pringle
suggested that if the rationale was to ensure that police management received equity when the
rank and file received a benefit, there should be an equivalent equity when the rank and file
membership gave up a benefit.
Mayor Pringle requested Item A21 be held over to the next meeting to include the two give-back
provisions, but not necessarily to include the pay raise component as part of the item.
142
A23. ORDINANCE NO. 5891 (INTRODUCTION) AN ORDINANCE OF THE CITY
OF ANAHEI M amending Section 10.10.130 of Title 10 of the Anaheim Municipal Code to
reduce the punishment for the first offense of removing recyclables from City containers
(Continued from the Council meeting of September 16, 2003, Item A 18).
Mayor Pringle requested a minor modification to the ordinance language be made to Section 3,
referencing the second offense and that the language be modified to read "the second and all
subsequent violations".
Jack White, City Attorney, voiced concerns that with the suggested modification, nearly all of the
violations would end up as infractions through the court system. Mr. White stated his office
does have discretion in determining whether the courts are given information on prior offenses.
Mayor Pringle felt the ordinance should be more consistent with current practice. Mr. White
recommended the language be modified as suggested by Mayor Pringle, including the deletion
ANAHEIM CITY COUNCIL MEETING MINUTES
SEPTEMBER 30, 2003
PAGE 7
of the final sentence of Section 3 and if the City finds there were problems in the court system
with severe violators, the ordinance would return with modifications.
Motion by Council Member Hernandez, seconded by Council Member Chavez to introduce the
Ordinance.
142 A24. ORDINANCE NO. 5892 (INTRODUCTION) AN ORDINANCE OF THE CITY
OF ANAHEIM repealing existing Section 1.04.450 (Anaheim Arts Council) and adding
new Section 1.04.450 to Chapter 1.04 of Title 1 of the Anaheim Municipal Code
establishing a Cultural and Heritage Commission.
RESOLUTION NO. 2003R-186 RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM rescinding Condition 3 of Resolution No. 2352 relating to the Mother
Colony House Advisory Board.
Mayor Pringle asked to substitute the word, purposes, for committees, under Subsection .020
Advisory Committees to read: Anaheim Museum, Art in Public Places and other cultural,
historical or City heritage purposes.
Council Member Tait moved, seconded by Council Member McCracken, to introduce Ordinance
No. 5892 and to offer Resolution No. 2003R-186 for approval. Roll Call vote: Ayes - 5, Mayor
Pringle, Council Members McCracken, Hernandez, Tait and Chavez. Noes - O. Motion
Carried.
105
A26. 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 continued Item A26 to the next meeting.
105 A27. Consider appointing a member to serve on the Sesquicentennial Commission, terms to
expire December 31,2007 [Mayor Pringle]
Mayor Pringle continued Item A27 to the next meeting.
PUBLIC HEARINGS:
179
B1.
To consider review of final site, floor, and elevation plans for a previously-approved 6-lot,
6-unit detached single-family residential subdivision located at 6161 East Santa Ana
Canyon Road.
Sheri Vander Dussen, Planning Director, indicated the public hearing was a request for review
and approval of final site plans, floor and elevation plans for a previously-approved six-lot, six
unit detached single family residential subdivision located at 6161 East Santa Ana Canyon
Road. An adjacent homeowner had appealed the Planning Commission's approval of the final
plans due to concerns perceived over building of the lots. In August, the Commission had
approved final site, floor and elevation plans following approval of Tentative Tract Map earlier in
the year. The lots exceeded the minimum lot size for the RS 5000 zone and the project
complied with all other development standards for the zone including setbacks. The applicant
and appellant met with staff to address the appellant's concerns and the applicant agreed to
revise plans to relocate the homes nearest the appellant's property an additional five feet from
their common lot line. This resulted in a side yard setback of ten feet which was equivalent to
required rear yard set back.
ANAHEIM CITY COUNCIL MEETING MINUTES
SEPTEMBER 30, 2003
PAGE 8
Mayor Pro Tem Tait opened the public hearing. Yasmine Fletcher, the appellant, stated she
had met with staff and the developer and was in agreement with the modifications offered.
Receiving no other public testimony, Mayor Pro Tem Tait closed the hearing.
Council Member McCracken moved to determine that the previously approved CEQA Negative
Declaration was adequate to serve as the appropriate environmental document and to approve
the final site, floor and elevation plans for a previously approved 6-lot, 6-unit detached single-
family residential subdivision located at 6161 East Santa Ana Canyon Road; seconded by
Council Member Hernandez. Roll Call vote: Ayes - 5, Mayor Pringle, Council Members
McCracken, Hernandez, Tait and Chavez. Noes - O. Motion Carried
156
B2.
A public hearing to consider approval of the Police Department's Expenditure Plan for
fiscal year 2003/04.
Approve the Police Department's Expenditure Plan for the fiscal year 2003/04
Supplemental Law Enforcement Services Fund award from the State budget through the
Citizen's Option for Public Safety reauthorization legislation, AB 1913, in an estimated
amount of $502,602.
Deputy Chief Stephen Sain indicated the City had received Supplemental Law Enforcement
Services funds since 1996 and the funds were used to augment front line police services.
During the past few years, the increased sworn personnel impacted the work load of support
personnel and the grant funds were then used for 14 full-time positions and 14 part-time
positions.
Mayor Pringle opened the public hearing and hearing no testimony, closed the public hearing.
Council Member Tait moved to approve the Police Department's FY 2003/04 Supplemental Law
Enforcement Services Fund expenditure plan at an estimated amount of $502,602, Council
Member Hernandez seconded the motion. Roll Call vote: Ayes - 5, Mayor Pringle, Council
Members McCracken, Hernandez, Tait and Chavez. Noes - O. Motion Carried
REPORT ON CLOSED SESSION ITEMS:
Jack White, City Attorney, stated there were no reportable actions.
COUNCIL COMMUNICATIONS:
Mayor Pringle welcomed students from Loara High School.
Council Member Chavez stated the City was reviewing and considering changes to the General
Plan and he said he would like Council to consider and staff to look at language that would allow
encouraging child care facilities. Additionally, the Hispanic Affairs police officer had been cut
to five hours per week and Council Member Chavez requested the Police Department to
consider how to fund that position.
For future meetings, Council Member Chavez requested that reports and information be given
to Council to allow enough time to verify, compare and digest, rather than to offer information to
Council on the night of the meeting.
Mayor Pringle said he looked forward to a great season with the Mighty Ducks.
ANAHEIM CITY COUNCIL MEETING MINUTES
SEPTEMBER 30, 2003
PAGE 9
ADJOURNMENT:
The October 7,2003 Council meeting had been cancelled due to the special election. In the
future, Mayor Pringle requested that election dates be considered when scheduling Council
meetings. There being no further business to come before the City Council, Mayor Pringle
adjourned the meeting at 7:38 P.M.
Respectfully submitted:
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Sheryll Schroeder, CMC
City Clerk