2005/10/11ANAHEIM, CALIFORNIA
CITY COUNCIL REGULAR MEETING
OCTOBER 11, 2005
The City Council of the City of Anaheim met in adjourned regular session on October 11, 2005 at
4:11 P.M. in the Council Chambers of Anaheim City Hall, 200 South Anaheim Boulevard. The
Notice of Adjournment was posted at 3:00 P.M. on October 11, 2005 on the exterior door of the
Anaheim Council Chambers, announcing the adjournment to 4:00 P.M. due to a lack of quorum.
PRESENT: Council Members: Richard Chavez, Lorri Galloway, Bob Hernandez and Harry Sidhu;
Mayor Curt Pringle arrived during closed session.
STAFF PRESENT: City Manager Dave 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 October ?, 2005
at the City Hall exterior bulletin board.
ADDITIONSIDELETIONS TOCLOSED SESSION: None
PUBLIC COMMENTS ON CLOSED SESSION ITEMS: None
Mayor Pringle moved to closed session for the following items:
CLOSED SESSION:
1. CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION (Subdivision (a) of
Government Code Section 54955.9
Name of case: City of Anaheim v. Angels Baseball, LP, et al., Orange County Superior
Court Case No. 050001902.
2. CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION (Subdivision (a) of
Government Code Section 54956.9)
Name of case: Welch v. City of Anaheim, Orange County Superior Court Case No.
030009921.
3. CONFERENCE WITH LABOR NEGOTIATORS
Agency designated representative: Dave Hill
Employee organization: Anaheim Firefighters Association, Local 2899
4. CONFERENCE WITH LABOR NEGOTIATORS
Agency designated representative: Dave Hill
Employee organization: Anaheim Police Association
5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Agency negotiator: Tom Wood
Negotiating parties: City of Anaheim and National Football League
Under negotiation: price and terms
ANAHEIM CITY COUNCIL MEETING MINUTES
October 11, 2005
Page 2
6. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Agency negotiator: Dave Morgan
Negotiating parties: City of Anaheim and Anaheim Arena Management, LLC
Under negotiation: terms
7. CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION Subdivision ~a) of
Government Code Section 54956.9)
Name of case: Kord v. City of Anaheim, Orange County Superior Court Case No. 76-32-
58 (and other related cases).
8. CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION Subdivision ~a) of
Government Code Section 54956.9)
Name of case: Michael Eustaci, et al. v. City of Anaheim, Orange County Superior Court
Case No. 04CC11432.
At 5:35 P.M., Council returned to open session.
Invocation: Father Joe Nettekoven, St. Justin Martyr -Before offering the invocation,
Father Nettekoven thanked the Anaheim Fire Department for their quick
assistance in an arson fire at the Catholic Church and also thanked the Police
Department for their efforts with the investigation.
Flag Salute: Council Member Sidhu
Presentations:
Recognizing the winners of the Flag Day Essay Contest. -Frank Feldhaus,
Associate of Anaheim Flag Day Committee, thanked the 2,000 students
participating in the essay contest. Representatives from the various Anaheim
school districts introduced their respective winners of the contest on "What the
American flag means to me".
Recognizing long-term City of Anaheim employees - Walter Jerz, Human
Resources, indicated there were 74 employees who had served the
community of Anaheim for 25, 30 and 35 years of service and introduced and
expressed appreciation to 34 of those employees present at the meeting
Acceptance of Other Recognitions ITo be presented at a later date):
Recognizing Saint Anthony Claret Catholic Church on its 50th Anniversary
Proclaiming October 9 -15, 2005, as Fire Prevention Week
Recognizing the Anaheim Angels on the 2005 American League Western
Division Championship
ADDITIONSIDELETIONS TO THE AGENDA: None
PUBLIC COMMENTS (ALL MATTERS EXCEPT PUBLIC HEARING):
James Robert Reade related Police Department concerns.
William Fitzgerald, HOME, commented on "Anaheim Kindness Caravan."
ANAHEIM CITY COUNCIL MEETING MINUTES
October 11, 2005
Page 3
Mayor Pringle responded to the prior public speaker and corrected inaccurate statements,
remarking the Anaheim Kindness program was under the operation of City staff receiving toys to
be sent to children impacted by Hurricane Katrina.
CONSENT CALENDAR: Council Member Chavez removed Item No.18for separate discussion.
Mayor Pringle indicated he would abstain on Item No's. 6, 7, 8, 9 & 10 due to a potential conflict of
interest.
Council Member moved approval of the balance of the Consent Calendar Items 1-23, seconded
by Council Member Hernandez to waive reading in full of alt 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.
1. Reject certain claims filed against the City.
C118
2. Review the need for continuing the Proclamation of the Existence of a Local Emergency by
D175 the Director of Emergency Services of the City of Anaheim issued on February 9, 2005, and
the subsequent orders issued pursuant thereto, concerning land movement and property
damage in the vicinity of 357, 365 and 373 Ramsgate Drive in the City of Anaheim, and, by
mo#ion, determine that the need for continuing the local emergency exists.
3. Approve $32,921,980 of expenditure appropriations from prior fiscal year 2004105.
D106
4. Award the contract to the lowest responsible bidder, Kalban, Inc., in the amount of
3681 $727,483.40, for the Citywide CDBG Neighborhood PCC Sidewalk reconstruction project
and approve and authorize the Finance Director to execute the Escrow Agreement
pertaining to contract retentions.
5. Award the contract to the lowest responsible bidder, Inspection Engineering Construction,
3682 Inc., in the amount of $110,507.50, for the State College Boulevard Intelligent
Transportation System Santa Ana Street (South Street and Vermont Avenue).
6. Approve the Agreement for Acquisition of Mobile Home and Improvements with Ella J.
3683 Ruetten and Terry F. Ruetten, in the amount of $18,465, for one mobile home located at
1844 South Haster Avenue, Space No. 11, for the Gene Autry Way (West)ll-5 Freeway
Highway project.
Mayor Pringle abstained.
7. Approve the Agreement for Acquisition of Mobile Home and Improvements with Theodore
3684 P. Arroyos, in the amount of $18,800, for one mobile home loca#ed at 1844 South Haster
Avenue, Space No. 22, for the Gene Autry Way (West)/l-5 Freeway Highway project.
ANAHEIM CITY COUNCIL MEETING MINUTES
October 11, 2005
Page 4
Mayor Pringle abstained.
8. Approve the Agreement for Acquisition of Mobile Home and Improvements with Juan
3685 Jesus-Gaona and Ana F. Gardner, in the amount of $20,850, for one mobile home located
at 1844 South Haster Avenue, Space No.142,for the Gene Autry Way (Wes#)ll-5 Freeway
Highway project.
Mayor Pringle abstained.
9. Approve the Agreement for Acquisition of Mobile Home and Improvements with Mario
3686 Salgado, in the amount of $16,700, for one mobile home loca#ed at 1844 South Haster
Avenue, Space No. 146, for the Gene Autry Way (West)ll-5 Freeway Highway project.
Mayor Pringle abstained.
10. Approve the Agreement for Acquisition of Mobile Home and Improvements with Graciela
3687 Mojica, in the amount of $13,500, for one mobile home located at 1844 South Haster
Avenue, Space No. 149, for the Gene Autry Way (West)If-5 Freeway Highway project.
Mayor Pringle abstained.
11. Approve the Acquisition Agreement with Fatima Stevens, Trustee, in the amount of
3688 $17,140, for the purchase of real property located at 1570 West Katella Avenue for the
Katella Avenue Smart Street Project (Ninth Street to Humor Drive}.
12. Approve and authorize the Public Utilities General Manager to execute eleven (11 }
1646 electrical agreements for professional electrical engineering services to the Public Utilities
2771 Department.
2772
2839
2871
3689
3690
3691
3692
3693
3694
ANAHEIM CITY COUNCIL MEETING MINUTES
October 11, 2005
Page 5
13. Approval and authorize the Public Utilities General Manager to execute sixteen (16)
3695 agreements for professional telecommunications engineering services to the Public Utilities
fhru Department.
3710
14. Approve and authorize the Public Utilities General Manager to execute six (6) agreements
1647 for professional civil engineering services and easement services to the Public Utilities
1648 Department.
1649
2768
2769
3711
15. Approve and authorize the Public Utilities General Manager to execute the Metered
3712 Subsystem Agreement with the California Independent System Operator {CAISO), to
replace previous agreements and coordinate operation of Anaheim's electric system within
the CAISO controlled grid.
1fi. RESOLUTION N0. 2005-19fi RESOLUTION OF THE CITY COUNCIL OF THE
P124 CITY OF ANAHEIM accepting certain deeds conveying to the City of Anaheim certain real
properties or interests therein (Deed Nos.10871-10873).
17. RESOLUTION N0. 2005-197 RESOLUTION OF THE CITY COUNCIL OF THE CITY
P124 OF ANAHEIM accepting certain deeds conveying to the City of Anaheim certain real
properties of interests therein (City Deed Nos.10839,10841,10843,10845,10848,10849
and 10851).
19. RESOLUTION N0. 2005-199 RESOLUTION OF THE CITY COUNCIL OF THE
D154 CITY OF ANAHEIM extending the payment of salary and benefits to City employees
recalled to active duty in connection with actions to combat terrorism against America and
to assist with rescue and recovery operations arising from natural disasters.
20. Determine that the previously certified Final Environmental Impact Report No. 330 is
C300 adequate #o serve as the required environmental documentation for the proposed code
amendment and to satisfy all the requirements of CEQA and that no further environmental
documentation need be prepared for the proposed code amendment.
ORDINANCE N0. 5998 (INTRODUCTION) AN ORDINANCE OF THE CITY OF
ANAHEIM amending various Chapters of Title 18 of the Anaheim Municipal Code relating to
errors, omissions, clarifications and upda#es (Zoning Code Amendment 2005-00041).
ORDINANCE INTRODUCED.
21. Approve and authorize the Chief of Police to execute the COPLINK Use Policy for
D160 the Orange County Records Management Information Sharing project.
ANAHEIM CITY COUNCIL MEETING MINUTES
October 11, 2005
Page 6
END OF CONSENT CALENDAR:
18. RESOLUTION N0. 2005-198 RESOLUTION OF THE CITY COUNCIL OF THE CITY
D150 OF ANAHEIM approving the application for grant funds for the California River Parkways
grant program under the Water Security, Clean Drinking Water, Coastal and Beach
Protection Act of 2002 (Proposition 50).
Council Member Chavez pulled this item from the consent calendar to emphasize the benefits of
the parkland uses and improvements to an Orange County Water District (OGWD) water storage
basin known as the old Burris gravel pit, expressing appreciation to the Council for their vision. He
also thanked the OCWD for working with the City to permit park development at that site. Mayor
Pringle remarked this effort took a lot of work and would complement the OCWD mission pointing
out the City should be sensitive to OCWD in retaining the Burris Pit name for the site. He noted
that picnic areas, observation decks and other passive uses would be created with the Santa Ana
River as the focal point and that it could resemble what the region looked like several hundred
years ago, and with the help of grant resources, would become an asset to the community.
Council Member Chavez moved to approve Resolution 2005-198 A RESOLUTION OF
THE CITY OF ANAHEIM approving the application for grant funds for California River
Parkways grant program under the Water Security, Clean Dinking Water, Coastal and
Beach pro~ec#ion Act of 2002 (Proposition 50) and authorize the Community Services
Department to amend the fiscal year 2005106 budget accordingly, seconded by Council
Member Galloway. Roll call vote: Ayes - 5; Mayor Pringle, Council Members: Chavez,
Galloway, Hernandez and Sidhu. Noes - 0. Motion carried.
PUBLIC HEARINGS:
22. A public hearing to consider the abandonment of a ten foot public utility easement located
P110 at 1041 Shepard Street (Abandonment No. 2005-00114).
At the Council meeting of September 13, 2005, Item #31, the Anaheim City Council
adopted Resolution No. 2005-182 declaring its intention to vacate certain public streets,
highways and service easements.
REQUESTED BY: Guthrie Shepard Street, LLC, 3185 Airway Avenue, Suite F Costa
Mesa, CA 92626-4601.
Natalie Meeks, Public Work's Department, reported the abandonment of a 10-foot utility easement
at 1041 Shepard Street would make room for redevelopment of a project and replacement
easements would be rededicated to provide service to the property.
Mayor Pringle opened the public; and receiving no testimony, closed the hearing.
Council Member Hernandez moved to approve the CEQA FINDING: CATEGORICALLY EXEMPT,
CLASS 5, adopt RESOLUTION N0. 2005-200 A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM vacating a ten foot public utility easement located at 1041 Shepard
ANAHEIM CITY COUNCIL MEETING MINUTES
October 11, 2005
Page l
Street and to approve the qui#claim of the City's right, title and interest in the abandoned area,
seconded by Council Member Sidhu. Roll call vote: Ayes - 5; Mayor Pringle, Council Members:
Chavez, Galloway, Hernandez and Sidhu. Noes - 0. Motion carried.
Report on Closed Session Actions:
None
Council Communications:
Council Member Galloway reported on the Anaheim Kindness Care-a-Van project and provided an
information line for interested individuals (765-HOPE}. She also reported that donations received
would be distributed to the hurricane victims the first week of November. She further reported on a
recent Act of Kindness by Mrs. Abareg committed to beautifying her neighborhood through
landscape improvements.
Council Member Sidhu announced that October was the National Arts and Humanities month and
encouraged support of Anaheim's arts. Mayor Pringle requested the Cultural and Heritage
Commission provide a complete overview of all cultural and heritage organizations within the City.
Council Member Chavez congratulated long-term Anaheim employees recognized during Council
presentations and spoke of the level of professionalism to be found in general in Anaheim
employees
Mayor Pringle spoke of the Angels' accomplishments, encouraging support for the team and spoke
of his friendly wagers with New York and Chicago's mayors. He also reported on his meeting with
Senator Feinstein and other Orange County Mayors.
Adjournment:
With the consent of Council, Mayor Pringle adjourned the meeting at 7:00 P.M.
Respectfully submitted:
Sheryl) Schroeder, MMC
City Clerk