2003/02/25
ANAHEIM, CALIFORNIA - CITY COUNCIL MEETING
FEBRUARY 25, 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 February 25,2003 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: Tom Tait, Shirley McCracken and
Bob Hernandez.
ABSENT: Council Member Richard Chavez.
STAFF PRESENT: City Manager David Morgan, City Attorney Jack White, City Clerk
Shery!l Schroeder, Traffic and Transportation Manager John Lower, Executive Director
of Planning and Community Development Joel Fick.
A copy of the agenda for the meeting of the Anaheim City Council was posted on
February 21, 2003 at the City Hall outside bulletin board.
Mayor Pro Tern Tom Tait called the regular meeting to order ~t 4:15 P.M. in the Council
Chambers of the Anaheim CityHall, 200 South Anaheim Boulevard.
ADDITIONS/DELETIONS TO CLOSED SESSION:
City Attorney, Jack White, recommended that the City Council, by motion, add the
following item to the Closed Session agenda upon a determination that there was a need
to take immediate action and that the need came to the attention of the City subsequent
to the posting of the agenda for the meeting:
THREAT TO PUBLIC SERVICES OR FACILITIES
Consultation with: Anaheim Chief of Police
Mayor Pro Tern Tait. moved, seconded by CounciJ Member McCracken, to add. Item 5 to
the Closed Session agenda. Roll call vote: Ayes - 3, Mayor Pro Tem Tait, Council
Members McCracken and Hernandez. Noes - O. Absent - 2, Mayor Pringle and
Council Member Chavez. Motion carried.
PUBLIC COMMENTS - CLOSED SESSION ITEMS: None.
Mayor Pro Tern Tait moved to recess to Closed Session, seconded by Council Member
McCracken. Roll call vote: Ayes -3, Mayor Pro Tern Tait, Council Members McCracken
and Hernandez. Noes - O. Absent - 2, Mayor Pringle and Council Member Chavez.
Motion carried. The Council recessed to Closed Session at 4:17 P.M.
1. CONFERENCE WITH LABOR NEGOTIATORS
Agency designated representative: David Hill
Employee organizations: International Brotherhood of Electrical Workers,
Local 47.
ANAHEIM CITY COUNCIL MEETING MINUTES
FEBRUARY 25, 2003
PAGE 2
2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Section 54956.9 of the Government Code)
Name of case: Tatarian v. City of Anaheim, United States District Court Case
No. SA CV-99-00605 AHS (MLGx).
3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Section 54956.9 of the Government Code)
Name of case: In re: Ogden New York Services, Inc., et aI., U.S. Bankruptcy
Court Case No. 02-40846-cb (SDNY).
4. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Section 54956.9 of the Government Code)
Name of case: Parkin v. City of Anaheim, United States District Court Case No.
SA CV-Q1-422 DOC (Anx).
5. THREAT TO PUBLIC SERVICES OR FACILITIES
Consultation with: Anaheim Chief of Police
AFTER RECESS:
Mayor Pringle called the regular Council meeting of February 25, 2003 to order at 5:35
P. M. and welcomed those in attendance.
INVOCATION: Pastor Steve Fiechter, Grace Lutheran Church
FLAG SALUTE: Council Member McCracken
A recognition to be presented at a later date was a proclamation recognizing March 1,
2003 as Korean Immigration Day.
ADDITIONSIDELETIONS TO THE AGENDA: None
PUBLIC COMMENTS:
James Robert Reade spoke about situations with the Police Department and a recent
act of vandalism.
William Krebs spoke about a resolution regarding fluoridation of water by Metropolitan
Water District. He said that Anaheim, by the vote of the people, rejected fluoridation in
the 1960's or early 1970's. In 1995, he said, AS 733 was adopted that mandated
fluoridation throughout California without mandated funding. Governor Wilson signed it,
he noted, and the City's delegate, Dale Stanton, voted against it during the MWD
meeting approximately two weeks ago. He expressed that he would like to see the item
put to vote of the people who are affected.
David Kittay said he was a food drive coordinator for the National Association of Letter
Carriers and the 11th annual food drive would be held on May 10, 2003 and he asked
that a proclamation be prepared recognizing May 10, 2003 as letter carrier day in the city .
ANAHEIM CITY COUNCIL MEETING MINUTES
FEBRUARY 25, 2003
PAGE 3
and that Council Members join letter carriers to assist in bringing in the food and that
food drive posters be placed in public buildings two weeks prior to the food drive.
Mayor Pringle asked Mr. Kittay to provide contact information to city staff.
Miriam Kaywood spoke regarding A 19, A20 and A21 and said she felt it was an insult to
the people who were serving on the boards and commissions. She noted that Council
could remove a person by majority vote if someone was not serving the City well.
Dale Stanton spoke on boards and commissions and said that Council could hire and
fire people and if someone was appointed to a job and they were not performing, the
best thing to do was to move them out, he said. He informed that he had been a
member of the Public Utilities Board and said what was needed was intelligent people
who asked intelligent questions and that they knew the subject that they were
addressing.
Mike Neben, Chamber of Commerce, spoke about term limits for boards and
commissions and said that the Chamber believed that issue should not be whether term
limits were good or bad, nor whEtther the voters were right or wrong placing term limits
on local officials, the issue shouid focus on the selection and removal procedures for
appointments. He said he was not in favor or against term limits but favored taking the
political motives out of the selection and appointment process and hold the appointees
accountable.
Robert Flores volunteered for any opening on a board or commission.
MOTION: Council Member McCracken moved to waive reading in full of all ordinances
and resolutions, seconded by Council Member Tait. Council Member Chavez absent.
Motion carried.
Mayor Pringle noted that Council Member Chavez was absent due to illness and he had
requested that Items A 19, A20 and A21 be continued to next week, the March 4, 2003
meeting. Hearing no objections, the items were continued to March 4,2003.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR Ai - Ai8: On motion by
Council Member McCracken, seconded by Council Member Tait, the following items
were approved in accordance with the reports, certifications and recommendations
furnished each Council Member and as listed on the Consent Calendar. Mayor Pringle
offered Resolutions Nos. 2003R-22 through 2002R-24. Roll call vote: Ayes - 4; Mayor
Pringle, Council Members Tait, McCracken, Hernandez. Noes - o. Council Member
Chavez was absent. Motion carried.
118
A1.
A2.
Reject certain claims filed against the City.
Receive and file the Monthly Financial Analysis Report presented by the Finance
Director for six months ended December 31,2002; the Investment Portfolio
Report for January 2003; minutes of the Public Library Board meeting held
January 6, 2003; Public Utilities Board meeting held January 16, 2003; and
128
117
105
1&0
123
160
160
160
160
169
ANAHEIM CITY COUNCIL MEETING MINUTES
FEBRUARY 25, 2003
PAGE 4
minutes of the Redevelopment and Housing Commission meeting held January
15,2003.
A3. Accept the low bid of McMahan Business Interiors, in the amount of $49,213.24
(plus tax), for the purchase of McDowell Craig furniture and wall panels for the
Central Library in accordance with Bid #6304.
A4. Accept the low bid and the agreement with Academy Electric, Inc., in an amount
not to exceed $54,642.11, for a one-year period, for electrical maintenance
services at the Anaheim Resort District and authorize the Purchasing Agent to
execute the renewal options in accordance with Bid #6348.
A5. Accept the bid of Falcon Fuels, Inc., in an amount not to exceed $1,300,000, for
an estimated 150,520 gallons of diesel #2,610,173 gallons of 89-octane
unleaded gasoline and 75,000 gallons of 91-octane unleaded gasoline both with
an MTBE additive for a period of performance up to December 31, 2003, all in
accordance with Bid #6349.
A6. Accept the low bid of Burch Ford, in an amount not to exceed $25,000, for annual
purchases of OEM Ford parts, as required, for the Public Works
Department/Fleet Services Division and authorize the Purchasing Agent to
exercise up to four one-year renewal options in accordance with Bid #6353.
A7. Waive Council Policy No. 306 and authorize the Purchasing Agent to issue a
purchase order to Southwest Power, in the amount of $52,250 (plus applicable
taxes), for two hundred seventy-five 69kV silicon insulators.
A8. Authorize an issuance of a change order to Preferred Aerial and Crane
Technology, Inc., increasing the amount of the purchase order by $9,600 thereby
bringing the not to exceed amount of the purchase order to $54,600, for aerial
device inspection and testing services for the Department of Public Works, Fleet
Services.
A9. Award the contract to the lowest responsible bidder, R.J. Noble Company, in the
amount of $185,753.50, for the State College Boulevard Project, Orangethorpe
Avenue to Via Burton Street, and approve and authorize' the Finance Director to
execute the Escrow Agreement pertaining to contract retentions.
A10. Approve Administering Agency-State Agreement for the Federal Projects No. 12-
5055, Program Supplement No. 108-M, for the State College Boulevard
Improvements Project from Via Burton Street to the north City limits at
Orangethorpe Avenue.
179 A 11. Adopt a Negative Declaration of Environmental Impact for the widening of Harbor
Boulevard on the east side, south of Vermont Avenue.
123
123
A12. Approve the Second Amendment to Agreement with Viacom Outdoor, Inc. to
extend maintenance services for bus shelters within the City on a month-to-
month basis for up to eight additional months and authorize staff to continue
month-to-month thereafter at the same terms and conditions.
158
113
113
123
123
ANAHEIM CITY COUNCIL MEETING MINUTES
FEBRUARY 25, 2003
PAGE 5
A 13. RESOLUTION NO. 2003R-22 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 Nos. 10582,
10583, 10588, 10589, 10590, 10594, 10593, 10592, 10591).
A14. RESOLUTION NO. 2003R-23 RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM approving the records retention schedule for the
Community Services Department.
A15. RESOLUTION NO. 2003R-24 RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM authorizing the destruction of certain City records more
than two years old (Human Resources Department).
A 16. Accept an award of funds by the County of Orange Board of Supervisors,
approve the WIA Cost Reimbursement Agreement with the County of Orange for
provision of Veteran's Employment Program Services and increase revenues
and expenditures by $96,000 in Fund 220.
A 17. Approve a one-year license agreement with the YMCA of Orange County, dba
YMCA New Horizons, tautilize the Anaheim Therapeutic Recreation Center on a
shared basis to provide a Saturday night program for developmentally disabled
adults.
114 A 18. Approve minutes of the Council special meeting held January 28, 2003.
MOTION: Mc RESOLUTIONS Mc SECOND T
END OF CONSENT CALENDAR
A19. ORDINANCE NO. (INTRODUCTION) AN ORDINANCE OF THE
CITY OF ANAHEIM adding new Section 1.04.395 to Chapter 1.04 of Title 1 of
the Anaheim Municipal Code relating to limitations on Board and Commission
service .
A20. ORDINANCE NO. (INTRODUCTION) AN ORDINANCE OF THE
CITY OF ANAHEIM adding new Section 1.04.900 to Chapter 1.04 of Title 1 of
the Anaheim Municipal Code relating to the Golf Commission.
A21. Consider appointing a citizen to serve on the Budget Advisory Commission to a
term, which will expire June 30,2004.
APPOINT:
Items A19, A20 and A21 were continued to March 4,2003.
ANAHEIM CITY COUNCIL MEETING MINUTES
FEBRUARY 25, 2003
PAGE 6
6:00 P.M. PUBLIC HEARINGS:
149
C1. A public hearing to consider approving a resolution for Resident Only-Permit
Parking on the north and south side of Clearbrook Lane from Webster Avenue to
the end of the cul-de-sac.
John Lower, Traffic and Transportation Manager presented the staff report, which is
available in the City Clerk's Office.
Mayor Pro Tern Tait opened the public hearing.
William McHenry urged Council to approve the permit parking only for the street.
There being no further testimony heard, Mayor Pringle closed the public hearing.
Council Member McCracken offered Resolution No. 2003R-25 for adoption, seconded
by Council Member Hernandez. Roll Call vote: Ayes - 4; Mayor Pringle, Council
Members Tait, McCracken, Hernandez. Noes - O. Absent - 1; Council Member
Chavez. Motion carried. r
RESOLUTION NO. 2003R-25 RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM designating Clearbrook Lane between Webster Avenue and end of
cul-de-sac as a "Permit Parking Only" street {Permit Parking Area No. 14}.
179 C2. CONTINUED PUBLIC HEARING:
WAIVER OF CODE REQUIREMENT
CONDITIONAL USE PERMIT NO. 2002-04618
CATEGORICALLY EXEMPT - CLASS 1:
OWNER: Amaral Julia, P.O. Box 1450, Nevada City, CA 95959
AGENT: Maria Lopez, EI Vaquero Restaurant, 823 West Irving Place, Anaheim,
CA 92805
LOCATION: 1168 South State Colleae Boulevard. Property is approximately
1.3 acres located at the southeast comer of Almont Avenue and State College
Boulevard {EI Vaquero Family Restaurant}.
To permit and retain a public dance hall with a cover charge and on-premises
sales and consumption of alcoholic beverages in conjunction with an existing
restaurant with waiver of minimum number of parking spaces.
ACTION TAKEN BY THE PLANNING COMMISSION:
Waiver of Code Requirement denied {6 yes votes, Commission Romero absent}.
Conditional Use Permit No. 2002-04618 denied {PC2002-167}.
(Planning Commission's decision appealed by agent. Continued from the
Council meeting of January 7, 2003, Item C1).
Executive Director Planning and Community Development, Joel Fick, provided the staff
report, which is available in the City Clerk's Office.
Council Member McCracken asked if the business was supposed to be operating as a
restaurant as well as a dance hall and Mr. Fick responded that was correct. The
ANAHEIM CITY COUNCIL MEETING MINUTES
FEBRUARY 25, 2003
PAGE 7
conditions of approval that were attached to the recommendation restate and confirm
that food will be served during operational time periods, he stated.
Council Member McCracken asked if they would be using the window to get in, she
noted that the entrance was confusing.
Executive Director Fick explained that the detail would be best answered by the
applicant but noted that in discussions with the Police Department the applicant
indicated a willingness to work with the Department in terms of training of the outside
guards.
Mayor Pringle clarified that the conditional use permit was not on the restaurant and
downstairs bar component of the business, but was on the upstairs component to which
Mr. Fick responded that was correct, it was only on the dancehall portion.
Mayor Pringle asked if the conditional use permit was directed towards the dancehall
component, was there a distinction between what happened upstairs and downstairs.
Director Fick answered that the conditions that were attached to the report apply to the
entirety of the property. r
Mayor Pringle opened the public hearing.
Julia Amaral, landlord, noted she had owned the facility since 1981. She explained the
tenants were good tenants and she hoped they could continue.
Joanna Torres, said she and her family had operated the location for almost 10 years
and she asked for Council's support of approval. She said they had reviewed the
conditions of the conditional use permit and they agreed to all of them with one minor
change she wished to request. She explained her request for a change on Item 32, age
limit. She said the condition asked for an age limit of 21 years of age and over after
10:00 PM. Ms. Torres explained it was a family environment and they requested it be
changed to 18.
Council Meniber McCracken asked how they identified the age differenCe of 18 versus
21. Ms. Torres said there were security guards at the entrance and the guests had a
bracelet. Council Member McCracken asked how they tell the difference between
restaurant patrons and dancehall patrons. Ms. Torres said there were two entrances
into the building, one for the dancehall upstairs.
Mayor Pringle noted the agreed upon terms were going to be monitored for one year and
he thanked Ms. Torres for working with the staff and Police Department. He expressed
concern with having minors present upstairs where alcohol was being served.
Richard Denhalter, attorney, expressed that he felt the business was successful due to
the combined use, the upstairs and downstairs. He said through the discussion, they
discovered that the concerns were problems that occurred in the parking lot, not the
restaurant. The applicant and staff worked together and came up with ways to make the
parking lot a safe place. He noted that of the calls for service, many were initiated by the
security guards trying to keep the premises safe, very few of the calls had anything to do
ANAHEIM CITY COUNCIL MEETING MINUTES
FEBRUARY 25, 2003
PAGE 8
with the inside of the restaurant. He explained that they had worked out ways for the
security guards do a different kind of patrolling in the parking lot. He noted that by
creating a way to make sure the minors did not go in and out of the building, they would
create a condition that would work effectively. He explained that if a minor left the
building after 10:00 PM, they would not be allowed back in the building. In speaking with
the applicant, he noted that they were willing to leave the age limit at 21 if that was
Council's decision. He thanked everyone for working with the applicant.
Kenya Monteron reiterated her positive experience in using the business and facility for
a celebration.
Hearing no further testimony, Mayor Pringle closed the hearing.
Council Member Hernandez asked the owner if she had read condition number 34
having to do with pyrotechnics and she answered that she had been fully aware of the
condition.
Attorney Denhalter said the staff had made everyone aware of the condition, which they
supported. Joanna Torres said they had never had pyrotechnics and it was not their
intention to have them and agreed to the condition.
Council Member McCracken referred to condition 32, asked if the condition came from
the Police Department or planning staff.
Officer West added that originally when staff met with the applicant and their attorney,
staff had recommended no one after 10:00 PM under 21 years of age. The owners
explained that they had banquets and private parties that began before 10:00 PM and
the customers involved in the parties were sometimes under age. They asked for the
condition to be changed to no none after 10:00 PM admitted under 21 and the people
that were in the club before 10:00 PM for the private parties could remain.
Mayor Pringle thanked staff and the applicant for working together and said that he was
not going to support any modifications to the basic elements, one element being a one
year conditional use permit that would allow the applicant to demonstrate that concerns
had been addressed and that woutd provide an opportunity to return to Council in a year
and if the 18 year old issue was a burden to the business, Council could look at it.
Council Member Hernandez moved to approve the CEQA finding: CATEGORICALLY
EXEMPT - CLASS 1 and approve Resolution No. 2003R-26, seconded by Council
Member McCracken.
RESOLUTION NO.: 2003R-26 ARESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE
PERMIT NO. 2002-04618.
Roll call vote: Ayes - 4; Mayor Pringle, Council Members Tait, McCracken and
Hernandez. Noes - O. Absent - 1, Council Member Chavez. Motion carried.
ANAHEIM CITY COUNCIL MEETING MINUTES
FEBRUARY 25, 2003
PAGE 9
Report on Closed Session Actions: None.
Council Communications:
Council Member McCracken noted that she and Council Member Hernandez met with
the Consulate General of Australia, John Olson, who wished to conduct a business and
tourist exchange with Anaheim.
Council Member Hernandez assured everyone that the City had adopted a very strong
fire code but expressed his concern over a recent event in the east that drew attention to
the need for strong pyrotechnic regulations. He directed the City Attorney to prepare an
ordinance specifically prohibiting any verbal or any agreement whatsoever between a
property owner, club operator, manager, agent or representative, any performer, booking
agent, performers' agent, representatives of performers or booking agents and
specifically bar them from making any type of agreement outside of having a permit from
the Fire Department for the use of pyrotechnics.
Mayor Pringle said he thought the City Attorney should look into that and also direct
staff to send a letter to all venues in the City that had nightclubs and dance halls along
with a copy of the ordinance so that everyone was aware of what it took to engage the
use of pyrotechnics.
Council Member Tait requested that a discussion item and possible resolution be placed
on the next agenda regarding the 30-day stay in motels and also that a Council Policy be
prepared that it not be placed as a condition for future motels.
Council Member McCracken noted that the City was involved with lawsuits on some of
the motels and asked if the City needed to settle the suits before proceeding.
Council Member Tait asked that it still be discussed next week.
Mayor Pringle noted that he and Council Member Tait had been guests of the Mayor of
Tijuana, Mexico, and they discussed issues of trade and tourism.
Mayor Pringle informed that Council Member McCracken attended an Orange County
League of Cities meeting on behalf of himself that discussed equity for larger cities .
He stated at the meeting of March 4, 2003, he wished to present the creation of a five
member Mayor's task force regarding sports fields and facilities in Anaheim Hills. He
also asked that discussion be brought before Council in the next couple of weeks on the
alteration or reorganization of boards and commissions.
Adjournment:
There being no further business to come before the City Council, Mayor Pringle
adjourned the meeting at 6:50 P.M.
me ctfully sub9"itt.ed:
#LLC-~~.-€-
Sheryll ehroed'er, CMC
City Clerk