2011/11/08ANAHEIM CITY COUNCIL REGULAR
AND REGULAR ADJOURNED MEETING OF NOVEMBER 8, 2011
The November 8, 2011 regular meeting of the Anaheim City Council was called to order at 3:00
P.M. and adjourned to 4:00 P.M. for lack of a quorum. The regular adjourned meeting of
November 8, 2011 was called to order by Mayor Tait at 4:07 P.M. in the Chambers of Anaheim
City Hall located at 200 South Anaheim Boulevard. The agenda was posted on November 4,
2011 and the amended agenda was posted on November 5, 2011, both on the kiosk outside
City Hall.
Pursuant to Government Code Section 54953, Subdivision (b), the closed session meeting
included teleconference participation by Council Member Lord Galloway from Madison Hotel
GmbH, Schaarsteinweg 4, 20459 Hamburg, Germany with the room number posted in the hotel
lobby. The notice and agenda was also posted at the teleconference location and public
comment on the closed session agenda from this address was allowed per Government Code
Section 54954.3
City Clerk Linda Andal reported for purposes of the Brown Act, that Council Member Galloway
was currently on the telephone line at the noticed location, room number 621, and that both the
notice and the closed session agenda have been posted in accordance with the Government
Code.
PRESENT: Mayor Tom Tait, Council Members Eastman, Murray and Sidhu. Council Member
Galloway present via teleconference.
STAFF PRESENT: City Manager Tom Wood, City Attorney Cristina Talley, and City Clerk Linda
Andal
ADDITIONS /DELETIONS TO CLOSED SESSION: None
PUBLIC COMMENTS ON CLOSED SESSION ITEM: , No comments were offered from the
Anaheim Council Chambers or the teleconference noticed location.
At 4:09 P.M., Council recessed to closed session for consideration of the below listed items.
CLOSED SESSION
1. CONFERENCE WITH LEGAL COUNSEL - Existing Litigation
(Subdivision (a) of Section 54956.9 of the Government Code)
Name of Case: City of Anaheim, California - FERC Docket No. ER11- 3594 -000
2. PUBLIC EMPLOYEE EVALUATION
(Section 54957(b)(1) of the Government Code)
Title: City Manager
Council Meeting Minutes of November 8, 2011
Page 2 of 6
At 5:29 P.M., City Council session was reconvened.
Invocation: Pastor Wayne Palmer, Freedom Bible Church
Flag Salute: Council Member Gail Eastman
Presentations: Proclaiming November 6 - 12, 2011, as Veterans Week in Anaheim
Mayor Tait introduced Commander Gary Mason and Commander Lary Crawford of VFW Post
3173 and 72 respectively, thanking them for their service to the country. Accepting the
proclamation, Commander Mason remarked that Anaheim's adoption of the 13 MEU, its
Military Banner Program and the 9/11 memorial event demonstrated a commitment to the
nation's military.
Acceptance of Other Recognitions (To be presented at a later date):
Recognizing the Anaheim Chamber of Commerce Business Award
recipients
ADDITIONS /DELETIONS TO THE AGENDA: None
PUBLIC COMMENTS (all agenda items, except public hearing):
Cecil Corcoran, Outreach Ministries, offered comments related to his bible studies.
John Leos, resident, urged the passage of his transparency and accountability reform measure
as it related to lobbyist ties to elected officials.
William Fitzgerald endorsed veteran's preferences in hiring practices.
Dorothy Rose, Orange County Symphony, spoke of the Symphony's successful October 23`
concert intended for underserved children, their families and seniors to experience music at its
best. She announced the December 20 Holiday Concert, encouraging the community to take
advantage of this event.
Crystal Martinez, resident, asked for the City's help in locating her sister who had been missing
for 10 days, adding that the family did not consider her a runaway. Mayor Tait suggested the
Chief of Police meet with Ms. Martinez, discuss her concerns and determine what could be
done to help.
Michael King, Colony resident, remarked that his neighborhood had many mature fruit trees and
he had been collecting and distributing the fruit to neighbors and giving the excess to a shelter.
He suggested that his efforts could be expanded citywide, under the guidance of the City, with
fruit being distributed to those in need.
An individual objected to the Romneya street signs recently put in place, feeling the funds could
be better used. Mayor Tait suggested the speaker meet with Public Works Director Natalie
Meeks to discuss his concerns.
An individual, speaking in support of Item No. 5 and on behalf of the majority voters for the
establishment of a permit parking district in her neighborhood, urged Council's approval to
address impacts of spillover parking on Catherine Drive.
Council Meeting Minutes of November 8, 2011
Page 3 of 6
Brenda Arizmundi also asked for the City's help in finding the missing Martinez teenager,
providing additional background on the young girl and expressing her concern that nothing had
been done for 10 days.
Apologizing for earlier comments made during oral communications, a Scout leader who had
brought his troop to tonight's City Council meeting to learn about government, remarked that
speakers had the right to offer comments during meetings, however, he emphasized, it was not
appropriate to personally attack City leaders who contributed their time and effort toward this
community.
CONSENT CALENDAR: Mayor Tait indicated he would abstain on Item No. 3 as his firm had
worked with United Pumping Service. Mayor Pro Tem Sidhu then moved to waive reading in full
of all ordinances and resolutions and to 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 Eastman. Roll Call Vote: Ayes — 4: Mayor
Tait, Council Members: Eastman, Murray and Sidhu. Noes — 0. Absence —1: Council Member
Galloway. Motion Carried
1. Determine on the basis of the evidence submitted by Kaiser Foundation Hospitals, that
ARG -6081 the property owner has complied in good faith with the terms and conditions of
Development Agreement No. 2007 -00003 for the 2010 -11 review period for the
development of the Kaiser Hospital campus located at 3400 East La Palma Avenue.
2. Waive the sealed bid requirement of Council Policy 4.0 and authorize the Purchasing
D180 Agent to issue a purchase order to Versatile Information Products, Inc., in the amount of
$114,981.05, for PUMA digital audio recorders and management software for the Police
Department.
3. Ratify purchase orders to United Pumping Service, Inc. and Ocean Blue Environmental
D180 Services, Inc., in the aggregate sum of $469,182.12, for emergency hazardous material
clean up.
Mayor Tait abstained on this item as his firm had worked with United Pumping Service in the
past. Roll Call Vote: Ayes — 3 (Council Members: Eastman, Murray and Sidhu) Noes — 0.
Abstention — 1: Mayor Tait. Absence — 1: Council Member Galloway.
4. Accept the proposal and approve an agreement with Championship Golf Services, Inc.,
for golf course operations for a five year term, with annual management fees of
ARG -7037 $152,500 per year for the first two -year period, negotiated adjustments to the
management fee for the remaining three years not to exceed the CPI index, revenue
sharing, and the option for five additional one -year renewals, in accordance with RFP
#7529.
5. RESOLUTION NO. 2011 -156 A RESOLUTION OF THE CITY COUNCIL OF
D175 THE CITY OF ANAHEIM designating Catherine Drive from Loara Street to 1633 West
Catherine Drive "Permit Parking Only" Street within Permit - Eligible Parking District No.
17 ( "Anaheim Memorial ").
6. RESOLUTION NO. 2011 -157 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM authorizing the City Manager to enter into certain agreements
R100 for and on behalf of the City when the amount does not exceed one hundred thousand
dollars.
Council Meeting Minutes of November 8, 2011
Page 4 of 6
ORDINANCE NO. 6227 (INTRODUCTION) AN ORDINANCE OF THE CITY OF
M142 ANAHEIM amending Section 11.04.260 of Chapter 1.04 of Title 1 of the Anaheim
Municipal Code relating to the purchasing agent powers.
Approve amendments to Council Policy 4.0, regarding purchasing procedures, and
Council Policy 4.1, regarding selection of professional consultants.
7. ORDINANCE NO. 6226 (ADOPTION) AN ORDINANCE OF THE CITY OF
M142 ANAHEIM amending Section 1. 12.010 of Chapter 12 of Title 1 of the Anaheim Municipal
Code relating to the time and place of City Council meetings (Introduced at the Council
meeting of October 25, 2011. Item No. 34).
8. ORDINANCE NO. 6228 (INTRODUCTION) AN ORDINANCE OF THE CITY OF
ANAHEIM amending the zoning map referred to in Title 18 of the Anaheim Municipal
C280 Code relating to zoning (Reclassification No. 2009 - 00229; DEV2009- 00069; 401 West
Carl Karcher Way).
9. ORDINANCE NO. 6229 (INTRODUCTION) AN ORDINANCE OF THE CITY OF
C280 ANAHEIM amending Subsections .020 of Section 18.24.030 and Subsection .020 of
Section 18.24.100 of Chapter 18.24 of Title 18 of the Anaheim Municipal Code (Zoning
Code Amendment No. 2011 - 00103; DEV2010- 00005).
10. Approve minutes of Council meeting of October 25, 2011.
B105
END OF CONSENT CALENDAR
11. Consider appointments to fill the unscheduled vacancies on the Sister City Commission,
terms ending June 30, 2012 and June 30, 2013.
APPOINTMENT:
(unscheduled vacancy of Elaine Cali)
(June 30, 2012)
APPOINTMENT: (June 30, 2013)
(unscheduled vacancy of Sandy Day)
With the consent of Council, Mayor Tait continued this matter to the next meeting when all
council members would be present.
PUBLIC HEARING:
12. CONDITIONAL USE PERMIT NO. 2001- 04435A
VARIANCE NO. 2011 -04864 (DEV2011- 00015)
OWNER: Amir Lanky, 3001 Los Feliz Blvd., Los Angeles, CA 90039
AGENT: David Lopez, Lopez Architects, 1173 N. Kraemer Place, Anaheim, CA 92806
C220 LOCATION: 900 West Lincoln Avenue
The applicant proposes to permit automobile sales in conjunction with an existing car
wash facility and to construct a fast food restaurant and with fewer parking spaces and
a building setback on Lincoln Avenue less than required by Code.
Environmental Determination: The proposed action is Categorically Exempt from the
requirement to prepare additional environmental documentation per California
Environmental Quality Act (CEQA) Guidelines - Class 3 (New Construction or
Conversion of Small Structures).
Council Meeting Minutes of November 8, 2011
Page 5 of 6
ACTION TAKEN BY THE PLANNING COMMISSION:
Vote 4 -0 (Commissioners Faessel, Lieberman, Persaud and Seymour voted yes.
Chairman Agarwal and Commissioners Ament and Ramirez were absent) Approved
Conditional Use Permit No. 2001- 04435A (Resolution No. 2011 -066)
and Variance No. 2011 -04864 (DEV2011- 00015), Condition No. 11 modified pertaining
to the refurbishment of the existing freestanding sign.
(Planning Commission meeting of September 12, 2011; appealed by Michael K.
Daskalakis, M.D.)
Request for continuance submitted by appellant.
MOTION: Find and determine that a Class 3 Categorical Exemption is the
appropriate environmental determination for this request.
RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM approving an amendment to Conditional Use Permit No. 2001-
04435 and approving Variance No. 2011 -04864 (DEV2011- 00015).
Linda Andal, City Clerk, reported the appellant had submitted a request to continue this hearing
to a meeting in January, 2012 and, in addition, in response to the appellant's request, the
applicant submitted an objection to any continuance on this matter.
After some discussion, Mayor Tait moved to continue the public hearing to December 6, 2011,
seconded by Council Member Sidhu. Roll Call Vote: Ayes — 4: (Mayor Tait and Council
Members: Eastman, Murray and Sidhu. Noes — 0. Absence — 1: Council Member Galloway.)
Motion Carried.
Council Communications:
Council Member Murray announced the following upcoming City events: the Anaheim Family
YMCA 100th anniversary taking place this evening, the Assistance League 22 Fashion Show
scheduled for November 9 the Dedication of the Anaheim Coves on November 15th and the
Veteran's Day Ceremony on November 10
Mayor Pro Tern Sidhu reported on his attendance at the Gift of History event at Anaheim
stadium and encouraged all to attend the City's Veteran's Day ceremony on November 10
featuring USMC Colonel Christopher Taylor, commanding officer of the 13 MEU.
He also requested tonight's meeting be adjourned in memory of those who recently passed
away: the father of Ed Zacheral, Assistant General Manager, the mother of Bob Wingenroth,
Finance Director, and Gary Wheelwright, Senior Electric Utility Inspector.
Council Member Eastman reported on the Gift of History event and thanked all involved who
helped make it such a success. With 3` graders attending from all over Orange County, the
largest history lesson was given to enthusiastic students who also received a history book to be
part of their curriculum, called "Nothing Rhymes with Orange ".
Mayor Tait congratulated Council Member Eastman for her participation in the successful Gift of
History event remarking that with close to 20,000 third graders at Angel Stadium, it was a
memory- making day for all who participated.
At 6:16 p.m., Mayor Tait then recessed Council and reconvened the closed session agenda,
which would include a teleconference, as previously noticed, with Council Member Galloway
Council Meeting Minutes of November 8, 2011
Page 6 of 6
At 7:23 p.m., City Council session was reconvened.
Report on Closed Session Actions: None
Adjournment: With no other business to conduct, at 7:24 P.M., Mayor Tait adjourned the
Council meeting in memory of the father of Ed Zacheral, Public Utilities Assistant General
Manager, the mother of Bob Wingenroth, Finance Director, and city employee Gary
Wheelwright, Senior Electric Utility Inspector.
Respectfully submitted,
O inda N. Andal, C C
City Clerk