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2003/12/09 ANAHEIM, CALIFORNIA - CITY COUNCIL MEETING REGULAR ADJOURNED SESSION DECEMBER 9, 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 December 9,2003 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: 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 December 5, 2003 at the City Hall outside bulletin board. Mayor Pro Tem Tait called the regular adjourned meeting to order at 4:09 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 Pro Tem Tait recessed to closed session at 4:10 P.M. for the following purposes: (Mayor Pringle arrived during closed session). 1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Subdivision (a) of Section 54956.9 of the Government Code Name of case: Southern California Gas Company v. City of Anaheim, Orange County Superior Court Case No. 03CC108366. 2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Subdivision (a) of Section 54956.9 of the Government Code Name of case: Drummond v. City of Anaheim, United States District Court Case No. SACV00243AHS. 3. PUBLIC EMPLOYMENT Title: City Treasurer 4. CONFERENCE WITH LABOR NEGOTIATORS Agency designated representative: David Hill Employee organization: International Brotherhood of Electrical Workers, Local 47. AFTER RECESS: Mayor Pringle called the regular Council meeting of December 9,2003 to order at 5:10 P.M. and welcomed those in attendance. INVOCATION: Pastor Stephen Smith, First Presbyterian Church ANAHEIM CITY COUNCIL MEETING MINUTES DECEMBER 9, 2003 PAGE 2 FLAG SALUTE: Council Member McCracken PRESENTATIONS: Presentation by the U.S. Environmental Protection Agency to the City of Anaheim. Keith Takata, Director of the EPA Superfund Division remarked that EPA had partnered with the City of Anaheim since 1999. In 2003, he indicated, the Anaheim Redevelopment Agency competed for a $1,000,000 revolving loan fund from which the Agency would provide loans to property owners, businesses and developers as a means of financing cleanup activities of contaminated sites within the City. Mr. Takata presented the $1,000,000 check to Elisa Stipkovitch, Community Development Executive Director. Mayor Pringle thanked Mr.Takata and City staff for addressing these issues and Congress members Roy Sanchez, Gary Miller and Ed Royce for their help in securing the grant. Mayor Pringle acknowledged representatives Steven Thornton of Congressman Miller's office, Raul Luna of Congresswoman Sanchez's office and Sara Carmack of Congressman Royce's office. Presentation by the Anaheim Storm Lacrosse Team to the City of Anaheim. Mayor Pringle introduced Mike O'Donnell, Assistant General Manager of the Arrowhead Pond, who was publicizing the Anaheim Storm, a professional sports team coming to Anaheim in January. Presenting Council with Anaheim Storm jerseys, Mr. O'Donnell invited all to attend the opening game on January 10th at the Pond and was looking forward to introducing the sport of lacrosse to the City. Mayor Pringle remarked there would be a pre-season exhibition game following the Ducks/Colorado Avalanche game on December 19th for anyone wishing to attend. Mayor Pringle recessed the City Council meeting at 5:21 P.M. to call to order the Anaheim Redevelopment Agency. Mayor Pringle reconvened the City Council meeting at 5:23 P.M. ADDITIONS/DELETIONS TO THE AGENDA: Sheryll Shroeder, City Clerk, indicated Item A 12 was withdrawn by staff due to an appeal of the Planning Commission decision. The public hearing for that appeal was scheduled for January 27, 2004. PUBLIC COMMENTS: James Robert Reade related Police Department personnel concerns. Cherie McCracken explained she had submitted written comments to Local Agency Formation Committee a few days ago but time constraints had prohibited her from submitting those comments to Council. Candace Chen, resident, reported her sewer line had to be replaced earlier in the year at a cost of $6,700 due to tree roots which had intruded into the line. She indicated a representative from the City's Risk Management Department came out and assessed the City's liability and was told that the City was not responsible for root intrusion into sewer lines and that any claim she filed would be reviewed and denied by the representative. It was explained that her alternative at this time was to file suit if she disagreed. Ms. Chen said she filed a small claims suit which would be heard on December 18, 2003. According to Ms. Chen, the maximum amount she could recover, should she prevail in Small Claims Court, was $5,000, not the full $6,700. Ms. ANAHEIM CITY COUNCIL MEETING MINUTES DECEMBER 9, 2003 PAGE 3 Chen also consulted with attorneys who felt her case was strong but the legal fees to pursue in civil court could easily be $10,000. Ms. Chen subsequently met with Council Member Chavez to explain her case. Mr. Chavez indicated that Council had already made a decision on her claim at a prior Council meeting. Ms. Chen was not aware she could address the City Council prior to their making a decision on her claim. City Manager David Morgan confirmed that all claims denied by the Risk Management Department were considered for action by the City Council and Council had already taken action on the Chen claim. Jack White, City Attorney, recommended the matter be resolved in court as the trial date was scheduled for next week. Mr. White explained that two options were open to claimants, either Small Claims Court or Superior Court. Thomas Vance, Risk Manager, explained the City's position on these types of claims. He stated when tree roots intrude into pipes at the joint, the experts the City retained on these matters consistently state the roots do not get into the joints unless the joints are leaking and draw the roots in seeking moisture. He indicated that typically the City does not pay these types of claims but that in some instances where trees crush the pipes and there was a City liability, the claims were accepted. In response to Mayor Pringle, Mr. Vance reported there were 10-20 claims per year and that his office investigated and made a full analysis on each claim and negligence had to be proved for the City to pay the claim. Mr. Vance stated a member of his staff was present when the plumber uncovered the sewer line and determined the roots had not broken the pipe and there was no City liability. Mr. Vance indicated the sewer lines had a life span of 30-50 years and since the home was constructed in 1960, leaks could have occurred in this aged sewer line. Mayor Pringle stated Council took advice from staff in the review of these claims and that Ms. Chen had a legal right to pursue the claim through the court system. Ms. Chen felt a mistake had been made and the City tree had been planted directly over her sewer line rather than five feet away which was reflected on the City map. Council Member Chavez asked if homeowners were informed when claims were to be considered by Council. Mr. Vance indicated they were not, but that direction to do so could be given in the future if Council wished. Mr. Morgan remarked that it had been the judgment in the past to not invite using City Council as a routine appeal board on these matters as property owners had other alternatives available to them and he felt the issue belonged in a different forum. Council Member Chavez was concerned that Risk Management representatives told homeowners they were the final word on claims when Council had the final decision. Michael Baker, Executive Director of Boys and Girls Clubs of Anaheim, announced the April 3, 2004 annual gala at the Disneyland Hotel. The new Disneyland President had agreed to be the honorary co-chair along with Mayor Pringle with all proceeds benefiting outreach programs. Mr. Baker noted the Boys and Girls Clubs of Anaheim just served its 2,000th member. Quincy Davis complained of police policy related to the taking of evidence during the filing of a report. Mr. Davis also questioned the process for non-profit corporations participating in redevelopment in the City and inquired about municipal bonds and how they related to local government. Mayor Pringle indicated municipal bonds were borrowing tools to finance capital projects. An example of that was when the Convention Center expanded, municipal bonds were sold to finance the expansion. In terms of the bidding process on redevelopment projects, Mayor Pringle suggested Mr. Davis contact the various City departments to find out what was available or to check the City's website for proposed projects. Mayor Pringle recommended Mr. 128 156 105 123 123 156 176 158 153 ANAHEIM CITY COUNCIL MEETING MINUTES DECEMBER 9, 2003 PAGE 4 Davis meet with the Police Chief to resolve his complaint on Police Department policy related to police reports. Robert Flores stated Channel 26 visited Twila Reid Elementary School to take camera shots of the students crossing at the school to highlight traffic concerns and that it would be aired next Saturday. Mr. Flores also invited Council to the Christmas party for children on December 18, 2003 from 6:00 to 9:00P.M. at Plaza de Garibaldi. CONSENT CALENDAR: Item A12 was withdrawn and a public hearing was scheduled for January 27,2004. Council Member Hernandez removed Items A4 and A8 from the Consent Calendar. Council Member Tait moved approval of Consent Calendar Items A 1- A 11, seconded by Councilmember Chavez, 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 Tait, Hernandez, Chavez, and McCracken. Noes - O. Motion carried. A 1. Receive and file the Monthly Financial Analysis presented by the Finance Director for three months ended September 30,2003; the Crime and Analysis Report for the month of October 2003; minutes of the Park and Recreation Commission meeting held September 24, 2003; minutes of the Community Services Board meeting held October 9, 2003; and minutes of the Redevelopment and Housing Commission meeting held October 15, 2003. A2. Award the contract to the lowest responsible bidder, COPP Contracting, Inc., in the amount of $126,266.20, for the Orange Avenue Street Pavement Rehabilitation Improvement from Gilbert Street to Magnolia Avenue and approve and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. A3. Award the contract to the lowest responsible bidder, R.J. Noble Company, in the amount of $175,905.10, for the Nohl Canyon Road Improvements and approve and authorize the Finance Director to execute the Escrow Agreement pertaining to contract retentions. AS. Authorize the Chief of Police to execute documents pertaining to the planning, procurement and implementation of the enhanced wireless 9-1-1 telephone service in the City. A6. RESOLUTION NO. 2003R-231 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM declaring its intention to vacate certain public streets, highways and service easements (Abandonment No. ABA2003-00075, 225 South Philadelphia Street). A7. RESOLUTION NO. 2003R-232 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 No. 10701). A9. RESOLUTION NO. 2003R-234 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM adopting a Memorandum of Understanding establishing terms and ANAHEIM CITY COUNCIL MEETING MINUTES DECEMBER 9, 2003 PAGE 5 conditions of employment for employees in classifications assigned to the Service Employees International Union, Local 1877, and the City of Anaheim. 153 A10. RESOLUTION NO. 2003R-235 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. Amend provisions of the Sick Leave Trust Fund by adopting Letters of Understanding with the Anaheim Municipal Employees Association, General and Clerical Units to amend Article 39 of the Memorandums of Understanding; Anaheim Firefighters Association, Local 2899 to amend Article 36 of the Memorandum of Understanding; Anaheim Police Association to amend Article 43 of the Memorandum of Understanding; and the International Brotherhood of Electrical Workers, Local 47 to amend Article 40 of the Memorandum of Understanding. 161 A11. ORDINANCE NO. 5895 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM extending the time limit of the effectiveness of the Redevelopment Plans for Redevelopment Project Areas Alpha, River Valley, Plaza, West Anaheim Commercial Corridors, and Commercial/Industrial; extending the time limit for payment of indebtedness and receipt of property taxes under the Redevelopment Plans for Redevelopment Project Areas Alpha, River Valley, Plaza, West Anaheim Commercial Corridors, Commercial/Industrial; and making other findings in connection. 179 A 12. ORDINANCE NO. (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. 2003-00112, Area 2). ORDINANCE NO. (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. 2003-00112, Area 3). ORDINANCE NO. (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM adding Subsection .030 to Sections 18.26.020 and 18.27.020 of Chapters 18.26 and 18.27, respectively, of Title 18 of the Anaheim Municipal Code relating to the "5-Points Neighborhood." Withdrawn, as an appeal of the Planning Commission decision had been filed. Public hearing for the appeal was scheduled for January 27, 2004. END OF CONSENT CALENDAR: 174 A4. Authorize the Community Services Department to accept an additional $12,017 from the California Library Literacy Service for fiscal year 2003/04 for library literacy services and materials and increase revenues and expenditures in the amount of $12,017. City Manager David Morgan reported the adult literacy program supported a portion of a full- time position acting as a literacy coordinator. The coordinator trained volunteers who teach English reading to people with substandard reading skills. Mr. Morgan stated the program currently had 48 tutors and approximately 53 students. He explained that at the beginning of ANAHEIM CITY COUNCIL MEETING MINUTES DECEMBER 9, 2003 PAGE 6 the fiscal year, the City believed the grant would be $10,689 and had since learned that it would be $12,017. Council Member Hernandez wanted to bring attention to the service that was available to the community and was another example of how the City served its constituency. Council Member Hernandez moved to approve item A4, seconded by Council Member Tait. Roll Call vote: Ayes - 5; Mayor Pringle, Council Members: McCracken, Tait, Hernandez and Chavez. Noes - O. Motion carried. 174 A8. RESOLUTION NO. 2003R-233 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM amending Resolution No. 2003R-179 to modify the Disadvantaged Business Enterprise Participation Goal from 10% to 7.27% for all projects in the City of Anaheim receiving United States Department of Transportation funding. City Manager David Morgan indicated this was a recommendation for Council to continue a Disadvantaged Business Enterprise program for all projects receiving United States Department of Transportation funds and to amend the participation goal. The goal was established by the Federal government and did not apply to non-federally approved programs. In reply to Council Member Hernandez's question as to how the participation goal was determined, Gary Johnson, Public Works Director, indicated the participation goal was a complex ratio taking into account the construction projects the City had during the year, the federal funding and the nature of the projects. He stated the ratio was of the total general contracting population to the minority contractors for specific types of work such as street rehabilitation, trucking, traffic control or a project such as the BNSF Soundwall. The 10 percent was a renewal of the prior year and because projects had been delayed, the City asked for a recalculation to ensure Anaheim was in compliance with their requirements. Council Member Hernandez inquired as to how minority contractors were reached. Mr. Johnson indicated they were generally published and known to general contractors. He explained that whenever a project was bid, included in the specifications was a requirement that each general contractor submitting a bid must comply with that participation goal percentage. Council Member Hernandez moved to approve Item A8, seconded by Council Member Tait. Roll Call vote: Ayes - 5; Mayor Pringle, Council Members: McCracken, Tait, Hernandez and Chavez. Noes - O. Motion carried. 105 A13. Consider appointing a citizen to serve on the Sesquicentennial Commission, term to expire December 31, 2007. Mayor Pringle requested Item A 13 be continued. 105 A14. Consider appointing three members to serve on the Cultural and Heritage Commission, each member to serve four year staggered terms. APPOINTMENT: (Council Member Hernandez) (Expire June 30, 2005). Continued to December 16, 2003 ANAHEIM CITY COUNCIL MEETING MINUTES DECEMBER 9, 2003 PAGE 7 APPOINTMENT: (Council Member McCracken) (Expire June 30, 2006). Council Member McCracken nominated Edward Cisneros for the term expiring June 30, 2006. With no objections offered, Mr. Cisneros was appointed. APPOINTMENT: (CounciIMemberTa~ (Expire June 30, 2007). Continued to December 16, 2003 105 A 15. Consider appointing two members to serve on the Housing and Community Development Commission, one member to represent the South and one to represent the West Neighborhood Council. (Expire June 30, 2006). (Expire June 30, 2007). APPOINTMENT: APPOINTMENT: Continued to December 16, 2003 105 A16. Consider appointing a citizen to serve on the Community Services Board, term to expire June 30, 2006 (Mary Sloan's term) (Expire June 30, 2006) APPOINTMENT: Council Member McCracken nominated Consuelo Pam bid-Stout. With no objections raised, Ms. Pambid-Stout was appointed. PUBLIC HEARINGS: 175 B1. A public hearing to consider designating a certain area along Santa Ana Canyon Road as Underground District No. 40. RESOLUTION NO. 2003R-236 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM creating Underground District No. 40 (Santa Ana Canyon Road). Bob Templeton, Public Utilities Department, reported Underground District No. 40 was on Santa Ana Canyon Road, an extension of a project completed at Imperial and Santa Canyon Road several years ago. District 40 extended from Solomon Drive just west of Festival Drive. With the completion of the project, all the overhead lines from Imperial Highway to the east end of Anaheim will be underground. Mayor Pringle opened the public hearing and receiving no testimony, closed the hearing. Council Member McCracken moved to approve Resolution No. 2003R-236, creating Underground District No. 40, seconded by Council Member Tail. Roll Call vote: Ayes - 5; Mayor Pringle, Council Members: McCracken, Tait, Hernandez, and Chavez. Noes - O. Motion Carried 175 B2. A public hearing to consider designating a certain area along Euclid Street as Underground District No. 50. ANAHEIM CITY COUNCIL MEETING MINUTES DECEMBER 9, 2003 PAGE 8 RESOLUTION NO. 2003R-237 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM creating Underground District No. 50 (Euclid Street). Bob Templeton reported the undergrounding would traverse south city limits on Euclid Avenue up to La Palma and that several sections of Euclid had already been completed. The project would complete Euclid from La Palma south and a future project would complete Euclid from La Palma to the 91 Freeway. Mayor Pringle opened the public hearing and receiving no testimony, closed the hearing. Council Member Hernandez moved to approve Resolution 2003R-237 creating Underground District No. 50, seconded by Council Member Tait. Roll Call vote: Ayes - 5; Mayor Pringle, Council Members: McCracken, Tait, Hernandez, and Chavez. Noes - O. Motion Carried David Morgan pointed out that with Council's actions, this continued forward the direction Council gave staff some months ago to expedite portions of the Five-Year Underground Conversion Program. Mayor Pringle remarked this made a great impact in the City, using the City's public utilities assets to aggressively underground utilities and changing the look of major thoroughfares and entry points within the City and thanked staff for their efforts. REPORT ON CLOSED SESSION ITEMS: Council authorized the filing of a petition of certiorari in the U.S. Supreme Court in the case of Dummond versus the City of Anaheim, U.S. District Court Case No. SACV00243AHS. Vote was five ayes. COUNCIL COMMUNICATIONS: Council Member McCracken stated she would not be at the December 16, 2003 meeting and wished all a Happy Holiday and Happy New Year. Ms. McCracken indicated this was the first time she had missed a meeting in seven years. Council Member Chavez said he had received an inquiry from a reporter on the recent motel fire in Anaheim. The reporter had stated that tenants living in the motel were unable to make 911 calls. Mr. Chavez wondered if that was standard practice in motels or whether there was something wrong with the phone system in this particular motel. City Manager David Morgan responded that staff would provide Council with a report regarding Council Member Chavez's concerns. ADJOURNMENT: There being no further business to come before the City Council, Mayor Pringle adjourned the meeting at 6:09 P.M. Respectfully submitted: ! 0;1 {..}: '1z'.( ~. /L.{ ,( {". { 'i.. Sheryll Schroeder, CMC City Clerk