2008/05/13ANAHEIM CITY COUNCIL
SPECIAL MEETING OF
MAY 13, 2008
The special meeting of May 13, 2008 was called to order at 2:43 p.m. in the Chambers
of Anaheim City Hall located at 200 South Anaheim Boulevard
A copy of the agenda for the Anaheim City Council meeting was posted on May 9, 2008
on the kiosk outside City Hall.
PRESENT: Mayor Curt Pringle and Council Members: Lorri Galloway, Bob Hernandez,
Lucille Kring and Harry Sidhu.
STAFF PRESENT: City Manager Dave Morgan, City Attorney Jack White, and City
Clerk Linda Andal.
ADDITIONS/DELETIONS TO CLOSED SESSION: None
PUBLIC COMMENTS ON CLOSED SESSION ITEMS: None
CLOSED SESSION:
At 2:44 P.M., Mayor Pringle adjourned to closed session to consider the following items:
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: Approximately 50.29 acres generally northerly of Angel
Stadium of Anaheim in the Platinum Triangle Stadium District, 2000 Gene
Autry Way, Anaheim, California
Agency negotiators: Dave Morgan, Joel Fick
Negotiating parties: City of Anaheim and Archstone-Smith Operating
Trust
Under Negotiation: price and terms
At 5:04 P.M., Council returned from closed session.
Invocation: Pastor Lance Pittluck, The Vineyard Christian Fellowship of
Anaheim
Flaq Salute: Council Member Galloway
Presentations: Recognizing the Mayor's TechScholar Program
Award Recipients -Mayor Pringle announced that after three years, over 100 laptops
and free Internet access had been donated to eligible students through an annual essay
contest. He announced this year's recipients, 49 students attending 16 local high
schools, and thanked generous corporate sponsors for making the program viable.
Acceptance of Other Recognitions (To be presented at a later date):
Proclaiming June 4, 2008, as Bravo for Bravery Day
May 13, 2008
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Proclaiming May 18 - 24, 2008, as National Public Works Week -
Natalie Meeks, Director of Public Works, thanked Council for the opportunity to highlight
public works and the many services the department provided and the people behind
those services.
Proclaiming May 19, 2008, as Meals on Wheels Day
Recognizing Magnolia School District Superintendent Paul Mercier
Recognizing the Anaheim Beautiful honorees -thanked Council for
their support through the years
Recognizing Saint John the Baptist Greek Orthodox Church -
Andrea Manes thanked Council for recognizing the church and invited the community to
attend the festivities during the Greek Festival to be held May 16 - 18~h
Recognizing Girl Scouts in Troop 1439 receiving their Silver and
Gold Awards
Recognizing North Orange County Community College District
Chancellor Dr. Jerome Hunter
Recognizing the National Hispanic Women Business Association
honorees and scholarship recipients
ADDITIONS/DELETIONS TO THE AGENDA: Staff requested public hearing Item No.
23 be withdrawn from the agenda.
PUBLIC COMMENTS (all items except public hearings):
Marge Conway, Sister City Association, introduced Eduardo Garcia, representing
Anaheim's sister city, Victoria-Gasteiz, Spain. Senor Garcia thanked Council for the
opportunity to introduce the delegation from Victoria-Gasteiz City Hall. To remarked that
they were here to study common concerns related to transport and housing development
and to discuss future economic development and business relationships.
Jeff Kirsch, resident, remarked that no prior notice for water turn off for sidewalk/
sprinkler improvements in his neighborhood had been provided asking that the City
review its process and consider keeping residents informed. Mayor Pringle asked the
City Manager to look into that request and follow up with a report back to Council.
Ron Denver, IBEW, Local 47, offered comments on low bidder, W. A. Lasick, referring to
the Anaheim Switching Project contract, stating they had little experience in electric
utility undergrounding and infrastructure and were signatory to Building Trade Council
Unions of Southern California with two unsatisfied outstanding judgments against them.
Mayor Pringle directed the submitted written document be given to appropriate City staff
for their response.
Eric Altman, OCCORD, announced a law suit had been filed by OCCORD against the
City to address issues the Community Benefits Coalition had raised over the year. He
stated OCCORD believed the City's environmental review of the Platinum Triangle
expansion did not sufficiently address impacts on the community including the jobs and
May 13, 2008
Page 3 of 8
housing imbalance. He stated OCCORD felt this litigation was necessary to allow
OCCORD and members of the public to have the opportunity to discuss problem-solving
approaches to the impacts.
CONSENT CALENDAR:
Council Member Kring moved to waive reading in full of all ordinances and resolutions
and adopt the consent calendar in accordance with the reports, certifications and
recommendations furnished each council member and as listed on the Consent
Calendar, seconded by Council Member Hernandez. Roll Call vote: Ayes - 5; Mayor
Pringle, Council Members: Galloway, Hernandez, Kring and Sidhu. Noes - 0. Motion
Carried
1. Review the need for continuing the local emergency heretofore proclaimed by the
D175 Director of Emergency Services as ratified by previous action of the City Council
concerning land movement and property damage in the vicinity of 357, 365 and
373 Ramsgate Drive and the Hidden Grove Lane/Fox Glen Drive area in the City
of Anaheim, and, by motion, determine that the need for continuing the local
emergency exists.
2. Approve Investment Portfolio Report for April 2008.
D117
3. Approve an agreement with Republic ITS, Inc. for traffic signal maintenance
5186 services from June 1, 2008 through May 31, 2009 with annual renewal options
up to a maximum of five years.
4. Approve an agreement with Johnson and Associates, LLC, in an amount not to
5187 exceed $131,550, to conduct acity-wide miscellaneous management
classification and compensation study.
5. Approve an agreement, in substantial form, with KPMG LLP, in an amount not to
2818.s exceed $390,000, $420,000 and $450,000, to perform the annual financial audit
of the City for fiscal years ending June 30, 2008, 2009, and 2010, respectively.
6. Approve and authorize the Public Utilities General Manager to execute an
5186.2 amendment to the Electronic Presentment and Payment Biller Services Provider
Business to Consumers Services Agreement with Metavante Corporation for
continued electronic bill presentation and payment services for an additional six
months.
7. Approve and authorize the Public Utilities General Manager to execute a Power
5189 Sales Agreement with the Southern California Public Power Authority as it relates
to the Metropolitan Water District Hydroelectric Project.
8. Approve an extension to the police hiring incentive for Lateral Police Officers
D160 hired or given conditional job offers from January 10, 2008 to May 31, 2008, in
the amount of $7,500, upon completion of probation.
9. Approve the Walnut Street, Serrano Avenue and Santa Ana Canyon Road
D175 projects as required by the California Department of Finance for participation in
Proposition 1 B -Local Streets and Roads Improvement, Congestion Relief, and
May 13, 2008
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Traffic Safety Account Funds and increase the Department of Public Works fiscal
year 2007/08 revenue and expenditure appropriation by $5,558,033.
10. Authorize an increase in the Police Department's revenue and expense
D16o appropriation by $400,000 for fiscal year 2007/08 for the California Gang
Reduction, Intervention, and Prevention Grant, authorize the reimbursement to
the Anaheim City School District and/or Community Service Programs, Inc. up to
an additional $66,000 (spread over the three-year life of the grant) from existing
general funds during fiscal years 2007/08 - 2011/12, and authorize the Chief of
Police, during fiscal years 2007108 -2011/12, to approve all documents regarding
this grant providing the overall financial limits are not changed.
11. Accept the low bid of Ladner Coatings, Inc., in an amount not to exceed
D180 $423,150, for the resurfacing of Level Five of Car Park Two at the Convention
Center, all in accordance with Bid #7112.
12. Award the contract to the lowest responsible bidder, W. A. Rasic Construction
5190 Company, Inc., in the amount of $3,467,842.50, for Disney Switching Stations
10, 11, 12 (Substructure for 12kV and Communication Elements) and authorize
the Finance Director to execute the Escrow Agreement pertaining to contract
retentions.
13. Award and authorize a contract with RBF Consulting, in an amount not to exceed
5191 $125,000, to study the feasibility of a new State Route 91 Interchange at
Fairmont Boulevard.
14. Waive the sealed bid requirements of Council Policy 4.0 and ratify the issuance
D180 of a purchase order to Precision Air Conditioning, in the amount of $28,110.57
(tax inclusive}, for emergency repair of a chiller located at the Convention Center.
15. Waive the sealed bid requirement of Council Policy 4.0 and authorize the
D18o Purchasing Agent to issue a purchase order to Versaterm, in the amount of
$32,400, for radio frequency licenses and software support for the Police
Department.
16. RESOLUTION NO. 2008-061 RESOLUTION OF THE CITY COUNCIL
D154.3 OF THE CITY OF ANAHEIM approving a Letter of Understanding between the
Anaheim Police Association and the City of Anaheim
17. RESOLUTION NO. 2008-062 RESOLUTION OF THE CITY COUNCIL OF
D154.4 THE CITY OF ANAHEIM approving a Letter of Understanding between the
Anaheim Firefighters Association, Local No. 2899 and the City of Anaheim.
18. RESOLUTION NO. 2008-063 RESOLUTION OF THE CITY COUNCIL OF
D154.3 THE CITY OF ANAHEIM amending Resolution No. 2006-19, Article 27,
Employment Lists, Nunc Pro Tunc.
19. RESOLUTION NO. 2008-064 RESOLUTION OF THE CITY COUNCIL
D160 OF THE CITY OF ANAHEIM authorizing the Chief of Police or his designee to
submit a grant application on behalf of the City of Anaheim to the U.S.
Department of Justice, Bureau of Justice Assistance, to participate in the FY
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2008 State Criminal Alien Assistance Program (SCRAP), authorizing the Chief to
execute all required grant documents, and if awarded, authorizing the
acceptance of such grant on behalf of the City and amending the budget for
Fiscal Year 2008-09 accordingly.
20. RESOLUTION NO. 2008-065 RESOLUTION OF THE CITY COUNCIL OF
D15o THE CITY OF ANAHEIM authorizing the City Manager or his designee to submit
a grant application on behalf of the City of Anaheim for local assistance funds
under the California Clean Water, Clean Air, Safe Neighborhoods and Coastal
Protection Bond Act of 2002, the Water, Security, Clean Drinking Water, Coastal
and Beach Protection Act of 2002, and the Safe Drinking Water, Water Quality
and Supply, Flood Control, River and Coastal Protection Bond Act of 2006 (Prop
84) for the Burris Pit Park Development (Final Phase) and if awarded, authorizing
the acceptance of such grant on behalf of the City and amending the 2008-2009
budget accordingly.
21. ORDINANCE NO. 6105 (ADOPTION) AN ORDINANCE OF THE CITY
M142 COUNCIL OF THE CITY OF ANAHEIM creating an Economic Stimulus package
for residential development by temporarily superseding the provisions of various
ordinances heretofore adopted relating to the required time of payment of
specified development fees heretofore imposed. (Introduced at Council meeting
of May 6, 2008, Item #15).
END OF CONSENT CALENDAR
22. Review and provide direction concerning three proposed amendments to the
M100 Anaheim City Charter which would, respectively: (1) increase the size of the City
Council from 5 to 7 members commencing with the November 2010 election; (2)
require the proceeds from the sale of City real property of ten acres or more, or
personal or real property valued at $5 million or more, to be deposited and
permanently maintained in a Neighborhood Capital Improvement Fund and
restrict the use of investment earnings from such Fund to the construction,
improvement, or betterment of capital facilities directly benefiting one or more
City neighborhoods; and (3) establish the Office of the Mayor, specify the duties
and responsibilities of the Mayor, and provide staff support for the Mayor and
members of the City Council.
Mayor Pringle explained he had requested the City Attorney to draft and prepare three
proposed charter amendments to present to Council for their discussion and
consideration on addressing the City's future.
Jack White, City Attorney, announced the first charter amendment proposed by Mayor
Pringle was to increase the size of the City Council from five members to seven
members to coincide with the November 2010 elections. If this amendment were
adopted, he explained, in 2010, three council members and one mayor would be
elected. It was proposed that the third council member receiving the third highest
number of votes would serve atwo-year term to allow for three council members being
elected at each two year election cycle. The person elected to the 2 year term, he
stated, would have the equivalent of a four year term for purposes of term limits,
consistent with the current term limit provisions.
May 13, 2008
Page 6 of 8
The second amendment was to create a neighborhood capital improvement fund
related to major capital assets of the City to provide that in the future, if the City sold a
major capital asset defined as either 10 acres or more of real property or property
whether real or personal that had a value of $5 million or more, the proceeds of that sale
would go into a Neighborhood Capital Improvement Fund and thereafter, the interest
earned on that fund (after investment by the City Treasurer in long-term investments)
would be used to finance capital improvements determined by the council to be of
benefit to residential neighborhoods only. There would be an emergency escape clause
that would allow council to unanimously invade the principal amount in that fund for
emergency proposes only, but would have to repay the amount taken out of the fund
within a five year period.
The third amendment would be to establish an Office of the Mayor which would provide
staffing and transfer certain functions that currently now exist in the City Manager's office
to the Office of the Mayor, functions relating to external affairs, public information and
governmental relations and provide for increased staffing not only for the Mayor, but for
members of the City Council in support of their part-time position as council members
Council Member Hernandez remarked that during his first year in Council, he had
recommended Council be expanded to seven members given the complexity of the City
and its various assets. After hiring apart-time assistant, he added, he was able to
accomplish more work and he rethought the prospect of additional council members and
was no longer in support of that change.
Council Member Kring remarked that while the City had grown, it still had a small town
feel to it and she felt that premise had worked well for over 150 years and would not be
supporting an expansion to the number of council members.
Council Member Galloway remarked the only way she could see value in expanding
council members was to elect them by district rather than at large.
Addressing the proposed Neighborhood Capital Improvement Fund, Mayor Pringle
remarked that from his personal experience with State budget issues, he believed the
reason California reached such a point of crisis was due to the use of one-time revenues
to pay for on-going expenses. And while this council understood and demonstrated
good budget practices, he wanted to put in place a level of protection for Anaheim's
future.
Council Member Kring responded it was her concern that in today's economy, there
would not be enough interest received from $5 million to expend on neighborhood
improvements to go around and that the various neighborhoods would fight over the
funding. She was supportive of the system that was now in place.
Council Member Hernandez could find no justification for creating a new fund as the rate
of investment returns would not be higher than what the City currently receives for
contingency funds. Discussion was held on the investment methods and market returns.
Council Member Hernandez believed this proposal would handcuff future councils and
he was not comfortable taking that action.
Council Member Sidhu stated he was satisfied with the current process.
May 13, 2008
Page 7 of 8
Mayor Pringle remarked he felt it was important to put money from the sale of assets
aside, to live off the interest of the asset and receive that benefit for years to come. He
believed the proposed charter amendment would protect those assets for the future of
Anaheim. He added that he would withdraw the third proposed amendment from
consideration as he had wanted to insure the previous amendments were in place
before he proposed the concept of an Office of the Mayor.
Council Member Hernandez indicated there was one charter change he would
recommend and that was to change the term of the Mayor to a two year term so that it
would be open for election every two years. He indicated this would allow council
members who served concurrently with the mayor's term to have an opportunity to run
for Mayoras well. Mayor Pringle commented that every council member had the right to
run for Mayor, whether their term as council person was up or was still in place.
PUBLIC HEARINGS:
23. Staff requests this public hearing be withdrawn.
P172
RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM determining the public interest and necessity for
acquisition of portions of property located at 3101 East La Palma Avenue for the
purposes of the Kraemer Boulevard/La Paima Avenue Intersection Improvement
Project (R/V1/ ACQ 2006-00252; Continued from Council meeting of April 22,
2008, Item #47 and May 6, 2008, Item #17).
This item withdrawn by staff.
Report on Closed Session Actions:
None
Council Communications:
Council Member Kring excused herself from the meeting at this point, stating she was
traveling back east as her father had just passed away.
Council Member Hernandez reported on the deaths of several Anaheim retired
employees.
Council Member Galloway offered her condolences to Council Member Kring, pointing
out Council Member Kring chose to stay and participate in the council meeting, which
showed her level of commitment to her office.
Council Member Sidhu announced he had attended the Mercy House Vineyard
dedication for new affordable housing and had participated in honoring the Mayor's
TechScholar recipients earlier today.
Mayor Pringle remarked that on May 15, the California High Speed Rail Authority would
be holding its May meeting in Anaheim, remarking on the progress being made on the
rail project. He also noted $5.9 million was awarded to study Anaheim's Go Local
Program, which included an elevated guideway system from ARTIC through the
Platinum Triangle and into the Resort. He added the Senate and House passed the
May 13, 2008
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Transportation Correction Bill, which was before the President for approval and which
would provide funding for environmental design and review work for the super speed
train connecting Anaheim to Ontario to Victorville, Barstow, Prim and Las Vegas.
Adjournment:
With no other business to consider, Mayor Pringle adjourned the May 13th Special
Meeting at 6:24 P.M. to June 10, 2008 at 2:00 P.M. for FY 2008/09 Budget hearings
Respe ully submitte
Linda N. Andal, City Clerk