2004/06/22
ANAHEIM, CALIFORNIA - CITY COUNCIL
ADJOURNED REGULAR MEETING
June 22, 2004
The City Council of the City of Anaheim met in adjourned regular session.
PRESENT: Mayor Curt Pringle, Council Members: Richard Chavez, Bob Hernandez, and
Shirley McCracken.
ABSENT: Council Member Tait
STAFF PRESENT: City Manager David Morgan, City Attorney Jack White, and City Clerk
Sheryll Schroeder.
A copy of the agenda for the meeting of the Anaheim City Council was posted on June 18, 2004
at the City Hall outside bulletin board.
Mayor Pringle called the adjourned regular meeting of June 22,2004 to order at 4:38 P.M. in the
Council Chambers of the Anaheim City Hall, 200 South Anaheim Boulevard and recessed to
closed session for the following item:
ADDITIONS/DELETIONS TO CLOSED SESSION: None.
PUBLIC COMMENTS - CLOSED SESSION: None
1. CONFERENCE WITH LABOR NEGOTIATORS
Agency designated representative: David Morgan, David Hill
Employee organization: Anaheim Firefighters Association
Mayor Pringle called the regular Council meeting to order at 5:09 P.M. and welcomed those in
attendance.
INVOCATION: Pastor Gary Spykerman, Grace Bible Church
FLAG SALUTE: Council Member Hernandez
PRESENTATIONS:
Presenting the Government Finance Officers Association (GFOA) and California Society
of Municipal Finance Officers (CSMFO) Awards to the City of Anaheim.
Bill Sweeney, Finance Director announced the City received three awards, the GFOA Certificate
of Achievement for Excellence in Financial Reporting, the GFOA Distinguished Budget
Presentation Award and the CSMF Certificate of Award for Outstanding Financial Reporting for
the Fiscal Year ending June 30, 2003.
Recognizing Mai Vo as a Torchbearer of the 2004 Olympic Torch
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ANAHEIM CITY COUNCIL MEETING MINUTES
JUNE 22,2004
PAGE 2
RECOGNITIONS (To be presented at a later date):
Recognizing the Orange County Sanitation Districts on its 50th Anniversary
Recognizing the 2004 U.S. Olympic Team Trials for gymnastics
Mayor Pringle recessed the Anaheim City Council to call to order the Anaheim Housing
Authority at 5:19P.M. and reconvened the Council meeting at 5:22 P.M.
ADDITIONS/DELETIONS TO THE AGENDA: Item A21 A, an agreement with the City of
Newport Beach for police services, was to be added to the Consent Calendar. Mayor Pringle
stated he had a potential conflict of interest, his company doing business with the City of
Newport Beach, and was unable to participate. Mayor Pro Tem Chavez continued
consideration of the emergency addition of Item A21 A. Council Member McCracken moved to
include Item A21 A on the agenda, finding there were time constraints necessitating action by
Council at this session; Council Member Hernandez seconded the motion. Roll Call vote:
Ayes-3; Council Members: Chavez, Hernandez, McCracken. Noes - O. Abstention - 1; Mayor
Pringle. Absence - 1: Council Member Tail. Motion Carried.
PUBLIC COMMENTS:
James Robert Reade commented on several issues related to the Police Department and
Enrique Contreras.
Frank Jacobson, Interim President of Anaheim Chamber of Commerce, announced the "Taste
of Anaheim" to be held on June 28th to sample cuisines from 40 Anaheim restaurants and
thanked Mayor Pringle for assisting the Chamber in putting together a Workers Compensation
Reform forum on July 9th. Mayor Pringle remarked the forum would be held at Paradise Pier at
7:30 A.M. with Senator Charles Poochigian, author of the reform bill, attending.
CONSENT CALENDAR:
Item A21 A had been added to the Consent Calendar with Mayor Pringle abstaining. Council
Member Hernandez moved approval of Consent Calendar Items A 1- A21 A, 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. Roll Call vote: Ayes-
4; Mayor Pringle, Council Members: Chavez, Hernandez, and McCracken. Noes - O. Absence-
1; Council Member Tail. Motion carried.
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A 1. Receive and file the Investment Portfolio Report for the month of May 2004; minutes of
the Investment Advisory Commission meeting held March 10, 2004; and minutes from
the Workforce Investment Board meeting held April 8, 2004.
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A2. Approve the fiscal year 2003/04 write-off of uncollectible miscellaneous accounts
receivable totaling $457,247.41.
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A3. Accept the low bid of Virco Manufacturing, in the amount of $233,818 (including tax), for
portable folding chairs for the Convention Center in accordance with Bid #6478.
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ANAHEIM CITY COUNCIL MEETING MINUTES
JUNE 22, 2004
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A4. Accept the low bid of Nobest, Inc., in an amount not exceed $950,000, for the removal
and replacement of asphalt concrete and cross gutters for a period of one year and
authorize the Purchasing Agent to exercise up to four one-year renewals in accordance
with Bid #6480.
A5. Waive the sealed bidding requirement of Council Policy No. 306 and authorize the
Purchasing Agent to issue a purchase order to the Homac Companies, in care of
Matzinger-Keegan, Inc., in an amount not to exceed $230,130 (including tax), for
connectors, as required, for a period of one-year with three optional renewals and
authorize the Purchasing Agent to exercise the renewal options for warehouse stock.
A6. Waive the sealed bidding requirement of Council Policy No. 306 and authorize the
Purchasing Agent to issue two blanket purchase orders for Ampact wedge connectors to
Southwest Power, Inc., one in an amount not to exceed $113,805 (including tax), for the
Public Utilities Switch Maintenance Program and the second in an amount not to exceed
$37,629 (including tax), for general warehouse stock, as required, for the period of July
1, 2004 trough June 30, 2005, with three one-year optional renewals and authorize the
Purchasing Agent to exercise the renewal options.
A7. Award the contract to the lowest responsible bidder, American Electric Company, in the
amount of $138,028, for the Anaheim Hills Golf Course parking lot photovoltaic lighting
improvement and approve and authorize the Finance Director to execute the Escrow
Agreement pertaining to contract retentions.
A8. Award the contract to the lowest responsible bidder, Sequel Contractors, Inc., in the
amount of $1,757,836.80, for the Lincoln Avenue and State College Boulevard
intersection improvements and approve and authorize the Finance Director to execute
the Escrow Agreement pertaining to contract retentions.
A9. Award the contract to the lowest responsible bidder, Macadee Electrical Construction, in
the amount of $134,780, for the Greenleaf Avenue and Magnolia Avenue traffic signal
installation and approve and authorize the Finance Director to execute the Escrow
Agreement pertaining to contract retentions.
A 10. Award the contract to the lowest responsible bidder, T.E. Seccombe Construction
Company, in the amount of $39,250, for the Possom Hollow four-inch water main and
approve and authorize the Finance Director to execute the Escrow Agreement pertaining
to contract retentions.
A 11. Approve the cooperative agreement with the City of Garden Grove, at an estimated cost
of $42,000, for the Euclid Street pavement rehabilitation between Katella Avenue and
the south City limits (Patricia Drive).
A 12. Appoint Doyle Harris to the Anaheim Workforce Investment Board for a term ending
June 30, 2005, representing certain public sector organizations.
A 13. Approve and authorize the Public Utilities General Manager to execute an agreement
with Osmose Utilities Services, Inc., in an amount not to exceed $2,511,433, for the
maintenance and inspection of electric systems.
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ANAHEIM CITY COUNCIL MEETING MINUTES
JUNE 22, 2004
PAGE 4
A 14. Approve the City's participation in the U.S. Department of Homeland Security Regional
Technology Integration (formerly Safe Cities) Initiative and authorize the City Manager,
or his designee, to execute all necessary documents and agreements associated
therewith.
A 15. RESOLUTION NO. 2004-146 RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM approving the sale of certain City owned property located at 915
South Maple Street, Anaheim, California (APN's 072-477-09,072-477-16 and 072-783-
09).
A 16. RESOLUTION NO. 2004-147 RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM amending the Deferred Compensation Plan for full-time employees,
as last amended by Resolution No. 2002R-162, to change the deferred compensation
committee composition and to clarify the beneficiary and loan provisions.
RESOLUTION NO. 2004-148 RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM amending the Deferred Compensation Plan for part-time
employees, as last amended by Resolution No. 2002R-163, to change the deferred
compensation committee composition and to clarify the beneficiary provision.
D155 A17. ORDINANCE NO. 5925 (ADOPTION) AN ORDINANCE OF THE CITY OF
ANAHEIM amending Section 1.01.389 of Chapter 1.01 of Title 1 of the Anaheim
Municipal Code to provide for full cost recovery for certain Code Enforcement
inspections, and establishing procedures for collection of costs for graffiti removal
(Introduced at the Council meeting of June 15, 2004, Item A21 L).
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RESOLUTION NO. 2004-149 RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM establishing fees and rates for Code Enforcement inspections and
graffiti abatement.
A 18. ORDINANCE NO. 5926 (ADOPTION) AN ORDINANCE OF THE CITY OF
ANAHEIM adding new Chapter 6.74, Sections 6.74.010 through 6.74.050, to Title 6 of
the Anaheim Municipal Code relating to false 9-1-1 calls (Introduced at the Council
meeting of June 15, 2004, Item A21 0).
A 19. ORDINANCE NO. 5927 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM
implementing California Penal Code Section 1203.1 C authorizing payment of costs of
incarceration in a local facility as a condition of probation; determining the average per-
day cost of incarceration; and designating the Finance Director to collect money ordered
pursuant to Section 1203.1 C (Introduced at the Council meeting of June 15, 2004, Item
A21 P).
A20. ORDINANCE NO. 5928 (ADOPTION) AN ORDINANCE OF THE CITY OF
ANAHEIM amending Section 4.95.080 of Chapter 4.95 of Title 4 of the Anaheim
Municipal Code relating to false alarms (Introduced at the Council meeting of June 15,
2004, Item A21 Q).
A21. Request that the City Council direct the City Clerk, in accordance with the requirements
of the Political Reform Act, to review the City's Conflict of Interest Code, and if a change
in said code is necessitated by changed circumstances, submit an amended Conflict of
ANAHEIM CITY COUNCIL MEETING MINUTES
JUNE 22, 2004
PAGE 5
Interest Code in accordance with subdivision (a) of Section 87302 and Section 87303 to
the code reviewing body.
113023 A21 A. Approve an agreement with the City of Newport Beach for police services during July 4th
holiday and authorize Chief of Police to execute agreement and any future similar
agreements, provided the terms and conditions remain unchanged.
Mayor Pringle abstained.
END OF CONSENT CALENDAR
B10S A22. Consider appointing members to serve on the Housing and Community Development
Commission, representing the South Neighborhood Council, term to expire June 30,
2006 and a member to serve on the Planning Commission, term to expire June 30,
2008.
Housing and Community Development Commission
APPOINTMENT: (June 30, 2006).
(South Neighborhood Council)
Planning Commission:
APPOINTMENT:
(June 30, 2008).
With no objection from Council, Mayor Pringle continued the appointments to the July 13, 2004
meeting.
PUBLIC HEARINGS:
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B1.
A continued public hearing to consider the abandonment of a portion of a public utility
easement located at 711 East La Palma Avenue (ABA2003-00078).
At the meeting of April 20, 2004, Item A 17, the Anaheim City Council adopted Resolution
No. 2004-57 declaring its intention to vacate certain public streets, highways and service
easements and setting a date and time to consider the abandonment of an electrical
utility easement located at 711 East La Palma Avenue. (ABA20043-00078).
REQUESTED BY: City of Anaheim Public Utilities Department
MOTION: CEQA FINDING: Categorically Exempt, Class 5.
RESOLUTION NO.: 2004-150 RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING ABANDONMENT NO. 2003-00078.
MOTION: Approve the quitclaim of the City's right, title, and interest in the abandoned
area.
Natalie Meeks, Public Works Department, explained the abandonment was for a public utility
easement no longer required as the property was being redeveloped and an alternate location
was being provided for the public utilities.
Mayor Pringle opened the public hearing for comments. With no testimony offered, the hearing
was then closed.
ANAHEIM CITY COUNCIL MEETING MINUTES
JUNE 22, 2004
PAGE 6
Council Member Hernandez moved to: approve the CEQA Finding of Categorically Exempt,
Class 5; approve RESOLUTION 2004-150 of the City Council of the City of Anaheim approving
Abandonment No. 2003-00078; and approve the quitclaim of the City's right, title and interest in
the abandoned area. The motion was seconded by Mayor Pro T em Chavez. Roll Call vote:
Ayes - 4; Mayor Pringle, Council Members: Chavez, Hernandez and McCracken. Noes - O.
Absence - 1; Council Member Tait. Motion Carried.
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82.
A public hearing to consider the abandonment of certain public streets and portions
thereof presently known as Lynne Avenue, Hampstead Street and Audre Drive, together
with three adjacent public alleys, all bounded by Cerritos Avenue to the north, Audre
Drive to the south, Walnut Avenue to the east and 9th Street to the West (ABA2003-
00076).
At the meeting of May 11,2004, Item A31, the Anaheim City Council adopted Resolution
No. 2004-70 declaring its intention to vacate certain public streets, highways and service
easements and setting a date and time to consider the abandonment of certain public
streets and portions thereof (ABA2003-00076).
REQUESTED BY: The Anaheim Housing Authority
MOTION: CEQA FINDING: Categorically Exempt, Class 5.
RESOLUTION NO.: 2004-151 RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING ABANDONMENT NO. 2003-00076.
MOTION: Approve the quitclaim of the City's right, title, and interest in the abandoned
area.
Elisa Stipkovich, Community Development Executive Director, indicated Item B2 was a request
by staff to abandon certain streets and alleys in the Jeffrey Lynne area. In 1999, she reported,
City Council approved the implementation of the Jeffrey Lynne project with Phase 1 now
completed and Phase 2 underway. Ms. Stipkovich explained staff would like to have the
streets of Hampstead, Lynne and adjacent alleys abandoned and privatized in order to provide
security, reduce criminal activity, eliminate through traffic, provide for more open space,
organize and expand parking areas and reduce pedestrian vehicular conflicts. She commented
the plan would create additional outdoor area for activities near the Recreation Center which
was much needed and would prevent criminal activity, particularly in the perimeter area. It was
staff's recommendation that Council waive Policy 209 for purposes of abandonment. If
approved, Ms. Stipkovich noted, the abandonment would allow the City's rights to be conveyed
to the Housing Authority for ownership of the streets and alleys to subsequently lease the
properties to Jeffrey Lynne Revitalization Partnership, the developer. She remarked that all
property owners not controlled by the developer would be given easement rights in separate
documents to allow owners, tenants and guests to access the private streets. She further
indicated the developer entity would be required to maintain the streets and gates and provide
access codes and instruments to all tenants and owners with property on either Hampstead or
Lynne Streets.
Mayor Pringle opened the public hearing.
Francisco Cejan spoke in favor of the street closure citing control of unwanted traffic, control of
criminal activity and safety for the residents.
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ANAHEIM CITY COUNCIL MEETING MINUTES
JUNE 22, 2004
PAGE 7
Margaret Patino, representing her neighborhood watch group consisting of 34 homes south of
the Jeffrey Lynne project, supported the street and alleyway closures referring to inceased
safety for children playing in their yards. Ms. Patino requested Council consider a stop light at
the entrance of Hermosa Village and Walnut and to allow parking on one side of 9th Street.
John Turrif, spoke on behalf of the Board of Directors of Kaleidoscope Condominium
Association, thanking Council for their vision of the project and supporting the street closures.
Camina Silvestro, Pepperwood Village Board, also spoke in favor of the street closure pointing
to improved safety for the residents and indicated the action would be another positive step for
the Jeffrey Lynne project.
Lennie Shanker, property owner on Calle Del Mar, indicated she had been approached to sign a
petition against the street closure but was well informed about the project by the Community
Development staff and supported the action as it would benefit tenants and the surrounding
area residents.
Kyle Pritchard spoke in favor of the street closure as well as for the continued redevelopment of
the Jeffrey Lynne project.
Mr. Salin spoke in opposition to the street closure citing concerns over school buses being
unable to access the area, safety concerns over Fire Department and Police Department
access and traffic concerns on Cerritos, 9th and Walnut Streets.
In addressing Mr. Salin's concerns, Mayor Pringle confirmed that Audre Drive, Lynne Street and
the alleys in Hermosa Village area had gates at each of those sites. He recognized that school
buses picking up children on Lynne Street had to be able to exit but indicated that concern was
mitigated. He stated the plan was to open up all the existing gates except the one on Audre
Drive at night and reestablish perimeter gates at Audre up to Walnut, Hempstead at Cerritos
and Lynne Street at 9th Street which would give the residents and visitors more access through
the neighborhood than was currently available. Mr. Salin requested Council postpone action
and have the plan reviewed by engineers.
Mayor Pringle closed the public hearing as no others spoke to the issues.
Mayor Pringle questioned staff as to how much access there was for a driver to pull in on Audre
Drive. Ms. Stipkovich stated staff had worked with Traffic Manager John Lower to insure there
was sufficient stacking capabilities for two to three vehicles entering the gates and that none of
the gates were on the side streets. Mayor Pringle confirmed that alleys were all one way and
the alley on 9th Street parallel to Lynne Street would have an exit-only gate. Also, the alley that
ran parallel to Hampstead would exit onto Cerritos. The Mayor stated there was stacking
capability of at least one building depth on Lynne and Audre Streets and a similar turnaround off
Walnut. Ms. Stipkovich added the gated areas were wide enough to have a car pull over and
there would be a secondary access speaker for visitors if needed.
The Mayor stated that one of the biggest challenges for this area was parking and that the plan
included the creation of additional parking in some public right-of-way areas. Ms. Stipkovich
also stated there would be parking allowed on both sides of 9th Street and ten additional parking
spaces at Hampstead off Cerritos would be added.
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ANAHEIM CITY COUNCIL MEETING MINUTES
JUNE 22,2004
PAGE 8
Council Member McCracken inquired how police and fire would access the gated community.
Ms. Stipkovich responded that staff had worked this out with both departments and they would
have access to the codes, and in some cases, would have an instrument to get in. She further
commented that school buses would be allowed in as well as service vehicles and vendors.
Council Member Chavez felt the Jeffrey Lynne project was an enhancement to the community
and an improvement on the living situations for residents residing in an area which had been
formally identified as one of the worst crime-ridden communities. Council Member Chavez
indicated he would be supportive of Item B2.
Council Member Hernandez explained the Jeffrey Lynne community would be receiving an extra
benefit through this action. In response to Mr. Salin's comments, Council Member Hernandez
stated the City's professional staff, including traffic engineers had assisted in the design of the
project and thought was given related to access by police and fire as well as school buses. He
recognized the efforts, time and energy, including citizen and property owner participation that
went into the project and would be supporting the recommended action.
Mayor Pringle indicated he was not overwhelmingly enthusiastic for the proposal citing the
perimeter residents should begin to receive some of the benefits for revitalization of this area.
He cited the parking challenges faced by many residents. He also remarked that property
owners of buildings should have the right to have access to their business and wanted to ensure
the City established a program which would allow advertisement on the perimeter of the
development so that a business now locked within a gated area would have the right to conduct
business. With the addition of open space in the Plaza area, the provision for on-street parking
and the addition of 10 parking spaces, Mayor Pringle indicated he would be supporting the
recommended action, with the proviso of those concerns he previously expressed.
Council Member Hernandez moved to: approve the CEQA finding of Categorically Exempt,
Class 5; approve RESOLUTION NO.: 2004-151. A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM Approving Abandonment No. 2003-00076; and approve the
quitclaim of the City's right, title, and interest in the abandoned area. Council Member
McCracken seconded the motion. Roll Call vote: Ayes - 4; Mayor Pringle, Council Members:
Chavez, Hernandez and McCracken. Noes - O. Absence - 1; Council Member Tait. Motion
Carried.
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B3.
A public hearing to consider the abandonment of a portion of a certain pipeline
easement located at 530 South Old Ranch Road (ABA2003-00088).
At the meeting of May 25, 2004, Item A 16, the Anaheim City Council adopted Resolution
No. 2004-83 declaring its intention to vacate certain public streets, highways and service
easements and setting a date and time to consider the abandonment of a portion of a
certain pipeline easement located at 530 South Old Ranch Road (ABA2003-00088).
REQUESTED BY: Rhonda Cress, 530 South Old Ranch Road Anaheim, CA 92808.
MOTION: CEQA FINDING: Categorically Exempt, Class 5.
RESOLUTION NO.: 2004-152 RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM APPROVING ABANDONMENT NO. 2003-00088.
MOTION: Approve the quitclaim of the City's right, title, and interest in the abandoned
area.
ANAHEIM CITY COUNCIL MEETING MINUTES
JUNE 22, 2004
PAGE 9
Natalie Meeks, Public Works Department, indicated this abandonment was for a public utility
easement the City acquired many years ago and the property owner had asked that it be
abandoned to allow for a pool in the backyard.
Mayor Pringle opened the public hearing and receiving no testimony, closed the hearing.
Council Member Hernandez moved to: approve the CEQA finding of Categorically Exempt,
Class 5; approve RESOLUTION NO.: 2004-152 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM Approving Abandonment No. 2003-00088; and approve the quitclaim
of the City's right, title, and interest in the abandoned area. Council Member McCracken
seconded the motion. Roll Call vote: Ayes - 4; Mayor Pringle, Council Members: Chavez,
Hernandez and McCracken. Noes - O. Absence - 1; Council Member Tait. Motion carried.
CLOSED SESSION:
No report.
COUNCIL COMMUNICATIONS:
Council Member McCracken announced the 4th of July celebration in the Canyon area was a
totally volunteer oriented project scheduled for July 3rd and wished everyone a safe holiday.
Mayor Pringle recognized Raul Hernandez, an 8th grade graduate from Brookhurst Jr. High
School in attendance at the Council meeting.
ADJOURNMENT:
There being no further business to come before the City Council, Mayor Pringle adjourned the
meeting at 6:16 P.M.
Respectfully submitted:
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Sheryll Schroeder, MMC
City Clerk
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