2002/09/24SEPTEMBER 24, 2002
II
The City Council of the City of Anaheim met in regular session.
PRESENT: Mayor Tom Daly, Council Members: Frank Feldhaus, Lucille Kring, Tom Tait and
Shirley McCracken.
STAFF PRESENT: City Manager David Morgan, City Attorney Jack White, City Clerk Sheryll
Schroeder, Public Works City Engineer Gary Johnson.
A copy of the agenda for the meeting of the Anaheim City Council was posted on
September 20, 2002 at the City Hall inside and outside bulletin boards.
Mayor Tom Daly called the regular meeting to order at 3:45 P.M. in the Council Chambers of the
Anaheim City Hall, 200 South Anaheim Boulevard.
WORKSHOP:
City Manager, David Morgan, introduced Public Works City Engineer Gary Johnson who
presented the workshop on the Major Beautification/Aesthetic Projects Five Year ClP. He
spoke about a five-year program and referred to a power point presentation, hard copy available
in the City Clerk's Office.
ADDITIONS/DELETIONS TO CLOSED SESSION:
City Attorney White announced that it was recommended that Council, by motion, find that there
was a need to take immediate action, which came to the attention of the City subsequent to the
posting of the Council agenda, and add two items.
Mayor Daly moved, seconded by Council Member McCracken, to add Closed Session Items 7
and 8 to the agenda.
Roll call vote: Ayes - 4, Mayor Daly and Council Members McCracken, Feldhaus and Tait.
Noes - 0. Absent - 1, Council Member Kring. Motion carried.
PUBLIC COMMENTS - CLOSED SESSION ITEMS: None.
Mayor Daly moved to recess to Closed Session, seconded by Council Member McCracken.
Motion carried. The Council recessed to Closed Session at 4:29 P.M.
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Section 54956.9 of the Government Code)
Name of case: Kord Group v. The Fieldstone Company, et al., Orange County Superior
Court Case No. 76-32-58.
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 al., U.S. Bankruptcy Court No.
02-40846-cb (SDNY).
ANAHEIM CITY COUNCIL MEETING MINUTES
SEPTEMBER 24, 2002
PAGE 2
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Section 54956.9 of the Government Code)
Name of case: South Coast Cab Co. v. City of Anaheim, Orange County Superior
Court Case No. 80-03-59.
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Section 54956.9 of the Government Code)
Name of case: Vista Media Group, Inc. v. City of Anaheim, Orange County Superior
Court Cases Nos. 814050 and 00CC08157.
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Section 54956.9 of the Government Code)
Name of case: Gregory Parkin, et al. v. City of Anaheim, et al., United States District
Court Case No. SACV 01-422 DOC (ANx).
CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Section 54956.8 of the
Government Code)
Property: 2200 E. Katella Avenue, Anaheim, California
Agency negotiators: Greg Smith
Negotiating parties: SMG, a partnership and the City of Anaheim
Under negotiation: Price and terms.
CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION (Initiation of
litigation pursuant to subdivision (c) of Section 54956.9 of the Government Code)
Number of potential cases: one.
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Section 54956.9 of the Government Code)
Name of case: The Lincoln Club of Orange County, et al. v. City of Anaheim, et al.,
United States District Court Case No. SACV 02-874 CLT (MLGx).
AFTER RECESS:
Mayor Daly called the regular Council meeting of September 24, 2002 to order at 5:26 P.M. and
welcomed those in attendance.
STAFF PRESENT: City Manager David Morgan, City Attorney Jack White, City Clerk Sheryll
Schroeder, Community Services Superintendent Steve Swaim, Community Services Director
Chris Jarvi, Executive Director of Planning and Community Development Joel Fick, Parks
Superintendent Jack Kudron, Executive Director Convention/Sports & Entertainment Greg
Smith, Public Works City Engineer Gary Johnson, Traffic and Transportation Manager John
Lower, Zoning Division Manager Greg Hastings and Police Sergeant Jay Smith.
INVOCATION: Pastor Ed Bartel, Sunkist Baptist Church
FLAG SALUTE: Council Member Tait
PROCLAMATIONS AND DECLARATIONS:
Presenting the 2002 Anaheim Neighborhood Academy graduates
ANAHEIM CITY COUNCIL MEETING MINUTES
SEPTEMBER 24, 2002
PAGE 3
Recognitions to be presented at a later date were a proclamation recognizing the Anaheim
Angels for an outstanding baseball season and a proclamation recognizing October 2002 as
Breast Cancer Awareness Month.
At 5:36 P.M., Mayor Daly recessed the City Council meeting until after the Anaheim Housing
Authority meeting.
Mayor Daly reconvened the City Council meeting at 5:42 P.M.
PUBLIC COMMENTS:
James Robert Reade spoke about a situation he said he had encountered with the police
department.
Mayor Daly asked that Council be advised as to whether there were any restrictions on targeting
individual City employees.
Don Meyers spoke about the left turn lanes being closed in relation to the beautification project
on Lincoln Avenue. He said that two City employees he had spoken to said that it would be
difficult to change the plans since they were already set. He said that it was not so much that it
was his entrance being blocked by the left turn lane, but other surrounding businesses would be
blocked also. He asked for someone to come out and listen to the complaints.
Sarah Alavezon encouraged Council to approve the Anaheim Hills Golf Course Clubhouse.
She said that it would cost millions of dollars to repair and that the City needed the new
clubhouse. She added that the clubhouse would be paid for by golfer's fees and a minimum of
$2 million would still be transferred to the general fund like they had been already doing.
John Miramontes spoke regarding Item A31 and asked if the City would be purchasing the
property and if the City would have another company come in and run it and if so, when would
that start.
City Manager Morgan said that the City was in the middle of negotiations and staff would return
to the Council in the middle of October to recommend a firm to run the facility for the City.
Barbara Greenfield said she was speaking on behalf of many of the local real estate agents and
that a new clubhouse was necessary and would not only benefit the community but would
enhance property values.
John Baker commented on the condition of the current golf clubhouse and he spoke about the
many uses that the clubhouse could have and have happened at other clubs. He said that if
Council approved the clubhouse, he asked that the City use contractor and vendors from within
the City.
Joan Coy expressed her support of the new clubhouse and noted that the old facility was in
terrible condition. She said that the new facility was needed with a multi-purpose room so that
there could be other functions there.
Ed Klein said he spoke on behalf of the Golf Commission and expressed support of the new
clubhouse. He noted that the bids were in and were within budget and it was the time to go
ahead. The existing facility did not represent the City and the design was not adequate from the
ANAHEIM CITY COUNCIL MEETING MINUTES
SEPTEMBER 24, 2002
PAGE 4
beginning and was in severe need of repair. Redesign and improvement analysis had been
determined to not be cost effective. The intention, he said, was to build the clubhouse entirely
with golf money. The funds should be borrowed from the general fund and paid back over the
term of the mortgage, he noted, from golf profits. Over the mortgage period, the golf course
would be transferring some $41 million over and above the mortgage payments to the city
general fund, he added, and golf operations was not a drain on the general fund.
Don Roth said he offered his support for the new Anaheim Hills Clubhouse. He spoke about
having parks in the City and the fiscal responsibility of keeping them in perpetuity. The golf
course was a revenue-producing facility, he noted, and it was time to retire the old golf course.
He said that there was a great loss of revenue and opportunities to provide bookings for
weddings, receptions and other revenue-producing activities and he said he had seen people
check the facility for their event and leave because it was not the place for them. He said he
believed that the City needed to keep its competitive edge and place a clubhouse there since it
was needed. He added that the golf course had produced $28 million from 1972 to the present
and that building a new golf facility was an opportunity to show leadership.
Bob Cook stated that he was in support of the new golf clubhouse.
Bill Lemming said that he lived directly across the street from the golf course and he and most
of his neighbors were in favor of the new golf course clubhouse and said it would be an asset.
He said he was concerned about the agreement that Council was about to execute with the
operation of the banquet facilities and that the banquet facility would be tripled to be able to
have two to three functions at a time. After reviewing the contract, he said that there were
open-ended hours of operation and he recommended that the portion of the contract relating to
hours of operation not be approved or that it be approved with changes. On Friday and
Saturday nights he said there was a lot of traffic and he was concerned about the operations on
Sunday through Thursday. He asked that the banquet facility not operate beyond 10:00 P.M.
Sunday through Thursday and that there be some protection beyond what was in the
agreement.
Bud Schultz expressed his support of the golf course clubhouse and urged Council to move
forward.
Linda Lewis said she was the owner of Sylvan Learning Center at 5573 Santa Ana Canyon
Road and expressed her opposition to the cyber cafb that was proposed for Imperial Plaza
Center at Imperial Highway and Santa Ana Canyon Road. She was concerned that students
would congregate without proper supervision and noted that cyber cafes had great problems in
nearby cities. The parking was already impacted and safety was a concern, she noted, and it
could have a financial impact on her business. She asked that the item be pulled for a public
hearing by the Council.
Mayor Daly noted that the subject she was speaking about was a permit that was approved by
the Planning Commission and would be reviewed by the Council. It was not on the agenda for
this meeting and would be on the October 1, 2002 Council agenda, he noted. Council would
consider her comments at that time.
Joan Coy said she was a business owner in the area and her husband was a children's dentist
and had a cyber cafb next door the dental business. It was located behind the In-And-Out on La
Palma Avenue, she said, and the older children used foul language around the younger children
ANAHEIM CITY COUNCIL MEETING MINUTES
SEPTEMBER 24, 2002
PAGE 5
and there was trash everywhere. She said she was opposed to the cyber caf6 and asked that
Council look into it.
Mike Nebben spoke about the success of the Anaheim Angels and he said that the same
success was beginning to show itself in the Mighty Ducks of Anaheim. He said that under new
management, the Ducks had promised to please thousands of fans at the Arrowhead Pond this
year. The Mighty Ducks face-off luncheon would be held on October 8, 2002, at 11:30 A.M. at
the Grove Theater and he invited the general public and Council Members.
Gary Maxwell spoke about Item A34 on behalf of the Sanchez' regarding the appeal. He said
he felt that there was some information that was not allowed and that they were not able to
present before the Council and the property owners would like to present the information to the
Council at this time.
City Attorney, Jack White, said that because the owner and architect had prepared a new set of
plans for consideration by the City, rather than asking for a rehearing, which would be
appropriate if the Council were to review the current plans for a second time due to some
reason of an infirmity in the process, the correct procedure to be followed was for the applicant
to take the new plans back to Planning Commission and file another application and give the
Planning Commission and Planning staff the oppodunity to review the plans and hold a hearing
at the Planning Commission. If the applicant wished to proceed with a new plan rather than a
rehearing of an existing plan, he recommended that the request be denied and that was without
prejudice to the applicant to go back to the Planning Commission and receive another hearing
on the new plans that they wished to have considered.
Mayor Daly asked Mr. Maxwell if he was aware of the process and Mr. Maxwell said that since it
was without prejudice, the applicants could go back into the process without starting the whole
process over with fees. He said if the correct procedure was to go back, he would accept that.
Mayor Daly noted that they would have a fresh start with the Planning Commission and then
with the Council.
Michael Baker said he was the Executive Director of the Boys and Girls Clubs of Anaheim
reported that the Boys and Girls Club now had 1,700 members enrolled in the overall programs
at four club sites. He said that there was a good chance of breaking 2,000 members this year.
There were 50,000 visits to the Club last year and there had been over 57,000 visits. He said
that the Club had started a program that had made a difference, especially in the west Anaheim
area, and that was with the motel children. The Boys and Girls Club had been serving 417 of
the 675 motel children for one year and every one of the children were able to ride the Boys and
Girls Club bus everyday and be brought to and from the facilities. He thanked the Council for
their support of the program and urged the support of community members.
Alma Ramirez spoke about her case against Golden Skies Mobile Home Park.
Mayor Daly asked speakers to not use inappropriate language since families, some of which
had small children, watched the Council meeting on television.
He asked the City Attorney to address the language issue and work with the Police Department.
City Attorney White responded that to the extent that language was used which was disruptive
to the meeting, the speaker could be asked to discontinue the comments and if the speaker
118
117
105
165
158
123
123
ANAHEIM CITY COUNCIL MEETING MINUTES
SEPTEMBER 24, 2002
PAGE 6
refused, they could be physically removed from the meeting. He said he would work with the
Police Department and provide an outline of procedures to Council.
MOTION: Mayor Daly moved to waive reading in full of all ordinances and resolutions,
seconded by Council Member Kring. Motion carried unanimously.
ADDITIONS/DELETIONS TO THE AGENDA:
City Manager Morgan announced that staff recommended a continuance of Items A6 and A12
for one week to October 1, 2002.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR A1 - A32: On motion by Mayor
Daly, seconded by Council Member Kring, the following items were approved in accordance
with the reports, certifications and recommendations furnished each Council Member and as
listed on the Consent Calendar. Items A6 and A12 continued to October 1, 2002, Item A14
acted upon separately and Council Member Tait voted no. Council Member Tait abstained on
Item A22, Item A24 acted upon separately and withdrawn and Council member Tait voted no on
Item A31 and Council Member Felhaus abstained. Mayor Daly offered Resolutions Nos.
2002R-204 through 2002R-207 and Ordinance Nos. 5824 through 5828 for adoption. Motion
carried unanimously except as noted.
Al.
A2.
A3.
A4.
A5.
A6.
Reject certain claims filed against the City.
Receive and file the Investment Portfolio Report for the month of August 2002; minutes
of the Public Library Board meeting held June 10, 2002 and revised minutes from the
meeting held August 12, 2002; minutes of the Mother Colony House Advisory Board
meeting held July 5, 2002; minutes of the Workforce Investment Board meeting held July
11, 2002; and minutes of the Public Utilities Board meeting held August 1, 2002.
Award the contract to the lowest responsible bidder, Oakridge Landscape, Inc., in the
amount of $71,397, for the Katella Substation/Hardscape Improvement and approve
and authorize the Finance Director to execute the Escrow Agreement pertaining to
contract retentions.
Approve the Agreement for Acquisition of Real Property and Joint Escrow Instructions
with Beth Adams, LTD, in the amount of $1,725,000, for the property located at 131
West Katella Avenue for the development of an electrical substation.
RESOLUTION NO. 2002R-204 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 No. 10556).
Approve the agreement with Turner Construction Co., in the amount of $201,920, for
pre-construction services and project representative services during the construction of
the Anaheim Convention Center Arena Renovation.
Approve the agreement with HOK Sport, Inc., in the amount of $352,700, for the design
of the Anaheim Convention Center Arena Renovation.
Item A6 unanimously continued to October 1, 2002.
158
128
160
160
160
123
123
150
ANAHEIM CITY COUNCIL MEETING MINUTES
SEPTEMBER 24, 2002
PAGE 7
A7.
RESOLUTION NO. 2002R-205 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. 10548, 10557, 10542, 10541, 10540
and 10558).
A8.
Approve carryover of expenditure appropriations from the prior fiscal year, in the amount
of $21,251,815.
A9.
Accept the bid of Anawood Cleaners, in the amount of $34,657, for dry cleaning and
laundry service for the Convention Center for a period of one year with the option to
renew for three one-year periods, authorize the Purchasing Agent to exercise the
renewal options in accordance with Bid #6310 and authorize the cancellation of the
existing purchase order with Aramark Uniform Services for the same services.
Al0.
Waive Council Policy No. 306 and authorize the Purchasing Agent to issue a purchase
order to 3M Company, in the amount of $44,405 (plus applicable taxes), for two book
Selfcheck systems for the Library Services Division.
All.
Authorize the Purchasing Agent to issue purchase orders, in an amount not to exceed
$3,066,360 (plus tax), for the purchase of various vehicles and equipment for City
Departments for fiscal year 2002/2003.
A12.
Approve the agreement with Electronic Data Systems for the support and maintenance
of the City's information services, authorize the Finance Director to execute all service
enhancement requests and amend the Finance Department's budget by increasing
expenditure and revenue appropriations by $582,938 (Continued from the Council
meeting of September 10, 2002, Item A14).
Item A12 unanimously continued to October 1, 2002.
A13.
Approve Amendment No. 2 to the Service Agreement with Anaheim Chamber of
Commerce to extend the contract term through June 30, 2003 for continued services to
the business community and tourists/conventioneers.
A14.
Award the contract to the lowest responsible bidder, KPRS Construction Services, Inc.,
in the amount of $5,071,280, for the Anaheim Hills Golf Course Clubhouse Project and
authorize the Finance Director to execute the Escrow Agreement pertaining to contract
retentions; approve the Mitigated Negative Declaration and Mitigation Monitoring Plan
No, 118 for said project; approve an agreement with Heinbuch Golf LLC, in the amount
of $243,500, for construction management services and daily onsite construction
coordination for the development of a new clubhouse and cart barn at the Anaheim Hills
Golf Course; approve the First Amendment to Agreement with Melzer, Decker & Rudar
Architects, Inc., in the total contract amount of $475,000, for preparation of construction
drawings for said project; authorize a loan from the General Fund to the Golf Enterprise
Fund in an amount not to exceed $6,400,000; and award the contract and approve the
agreement with At-Your-Service-Hospitality, Inc. for the food and beverage
concessionaire for the clubhouse.
Council Member Tait said that the issue of golf revenues versus general fund revenues had
been confused and the golf course belonged to the taxpayers. He said he viewed the issue as
ANAHEIM CITY COUNCIL MEETING MINUTES
SEPTEMBER 24, 2002
PAGE 8
an investment from a taxpayer point of view and it created about $.5 million per year. In looking
at the pro forma, it would create about $100,000 towards the total debt service, which left $.5
million of total debt service, he noted. It would be a beautiful clubhouse and banquet facility, bar
and restaurant, he said, and the City had limited funds and if the Police and Fire Departments
had enough money for public safety, he would vote for this, but they did not. If there was
enough money to maintain the streets and sidewalks, he would vote for this, but there was not
enough, he said, and it created a $.5 million hole annually for 20 years. He said he thought that
the public perceived this as a community and it would be open six days per year for community
purposes. The remaining days of the year it would be run for a profit, he noted.
Council Member Tait moved to deny Item A14. The motion failed due to lack of a second.
Council Member Kring said she agreed with the members of the public who had been waiting for
the new clubhouse for 20 years and that this should have broken ground last year. She had
spoken with a Council Member in Yorba Linda about Black Gold Golf Course and after one year
of being in operation, Black Gold was in the black. She noted that a lot of the tournaments held
there had come from Anaheim hills because of the disreputable condition of the clubhouse. She
said that the clubhouse was a taxpayer asset and the taxpayers had paid for the clubhouse over
the years. She said she believed that Council was responsible to the taxpayer to make sure
that the facility was in good repair and to let it go would cost $3.5 million to repair it and the City
would receive eight to nine years out of it. If the City spent $6.7 million, the City would receive a
facility for 30 years that the City could be proud of, she noted. She said that Council had
received correspondence regarding the purchase of Maag Ranch and that the City should have
used the money for that purchase. Maag Ranch would have cost $15 to $18 million and the
City did not have that type of money and the City did not have the $6.7 million, which was
coming from bonds that would have been sold from the increase in the golf fees. She said if
there was no intention of building the facility, the golf fees should be rolled back. She said that
even if some people did not play golf, the taxes paid for the facility and she mentioned that
undergrounding of utilities was on a person's utility bill and it was for beautification of the whole
City and it was for the benefit of the whole City.
Mayor Daly asked staff to respond to Mr. Lemming's questions that were posed under public
comments.
Director of Community Services, Chris Jarvi, said that the operating hours were laid out in the
contract and were established 6:00 A.M. to 12:00 P.M., and that was similar to the way they
were currently operating. He said he believed that there were noise ordinances that would
control uses that occurred there. Community Services would work with the food and beverage
operator to make sure that there was no inconvenience to the surrounding residences, he
explained. The operator that was being recommended was an Anaheim hills resident and cared
a lot about what happened in the community and he wanted to make it first class for the
community. Director Jarvi added that the operator wished to satisfy the residents to the greatest
degree possible.
Mayor Daly asked if there would be guidance or direction to the operator for events, especially
when there was alcohol involved or a large group on a week night. Director Jarvi responded
that Community Services would be working with the operator every day to make sure that the
operation was run appropriately for the neighborhood and it was the job of Community Services
to manage the contract and make sure that it did not cause problems. The operator had an
economic incentive to make sure that everything was run appropriately, since he wanted to be a
good neighbor, added Manager Jarvi.
ANAHEIM CITY COUNCIL MEETING MINUTES
SEPTEMBER 24, 2002
PAGE 9
Mayor Daly asked if there was a concern or problem if the City had the discretion to direct the
operation to end the event at 10:00 or 11:00 and Director Jarvi said that it would. Mayor Daly
asked for follow up on details on how the contract was managed on a day-to-day basis.
Council Member Feldhaus spoke about the financial aspects of the golf course and the City
Manager had prepared a flow chart to see where the revenues and expenses were and how it
could support the operation of the new clubhouse.
Council Member McCracken said that the Council had considered, in the early 1990's, American
Golf to run the golf course. She said that American Golf had promised at that time to run the
golf course efficiently and provide the City with $1.6 million per year and a new clubhouse. Staff
said that they could run it better and over the last ten years, they had run it better, she noted.
The past fiscal year, she said, they placed $2.3 million into the general fund for other activities in
the City. Private enterprise had offered the City $1.6 million and to provide a new clubhouse,
she explained and a new clubhouse and over $2 million a year still being provided to the City.
She said that if the asset was to continue to function and be competitive with other golf courses
this was the way to go and this was vitally important to the community. She said she hoped that
the same thing could be done with Dad Miller and she noted that the Dad Miller expansion had
been cut back and as a result, were now looking at a facility that needed to be expanded again.
She asked to have a facility built that would be competitive and continue to bring in the income.
Council Member Tait said that in looking at the pro forma or projections of the occupancy cost
that the operator had put together, he said he would pay the City between $100,000 and
$150,000 per year. This was costing the City between $548,000 per year and the City was
subsidizing the operation by private developer to the tune of $400 to $500,000 per year. He
said his priorities were public safety and civic upkeep and those were not fully funded and he
did not know how a private operation could be subsidized.
Council Member Tait restated the motion to deny Item A14. Motion failed due to lack of second.
Executive Director of Planning and Community Development, Joel Fick, said that on August 29,
2002, the City released the initial study and Mitigated Negative Declaration prepared by the
Community Services Department for the Anaheim Hills Golf Course Clubhouse and temporary
facility, for a 20-day public review and comment period. He said that the public review and
comment period ended on September 18, 2002. There was one letter submitted to the City
from Sandra J. Levin, he noted. Experts from each of the responsible departments, including
Community Services, Public Works, Police, Fire, Planning and the City Attorney's Office had
prepared a detailed response document that had been provided to Council, he said. From an
environmental standpoint of major importance and significance, he said, was that the project
was a replacement, expansion of an existing facility that had been located on the golf course for
30-years. Proposed types of contemplated uses were also consistent with existing and prior
operations, he informed. Since any new construction would be completed in the location of the
existing clubhouse and parking lot, he noted, many environmental impacts were minimized.
Physical distance from adjacent uses, terrain and existing and proposed landscaping were all
characteristics of the site that further minimized potential environmental impacts, he explained.
Comments contained in the letter that he had referenced had been addressed and staff
continued to recommend Council approval of the Mitigated Negative Declaration and Mitigation
Monitoring Plan No. 118 as indicated in the staff report, he noted.
123
174
ANAHEIM CITY COUNCIL MEETING MINUTES
SEPTEMBER 24, 2002
PAGE 10
Community Services Director Jarvi said that in reviewing the Mitigated Negative Declaration for
the project, staff determined that a clarification was necessary. He said it concerned Section VI
- Geology and Soils, and under Section B, page 14, there was a mention that the project would
not require either import or export of soil. In reality, he said, the precise grading plan for the
project indicated that there would be a need to import 800 cubic yards of soil to the site to
establish a proper grading pad for the clubhouse improvements. He said 800 cubic yards of soil
would require approximately 80 round trip truck visits to deliver the soil and leave the site. Each
truck carried approximately 10 cubic yards of soil and the project contractor estimated it would
take approximately five to seven days to complete that portion of the work, he noted. The work
would be subject to the requirement of a grading permit issued by the Public Works Department
and that permit would require the contractor to obtain approval of a soil hauling plan which
identified the haul route and times soil could be brought on site, he informed. The soil delivery
times would be limited to 9:00 A.M. to 3:00 P.M. Monday through Friday and the delivery
frequency was not considered to create an environmental impact as the delivery periods were
outside peak traffic hours and were subject to normal grading permit processes. Therefore, no
additional mitigation measures were needed, he added.
Mayor Daly asked about the issue regarding the arrangement with the private food and
beverage concessionaire who would be managing the banquet space and the sharing of the
revenue.
Parks Superintendent, Jack Kudron, said that Community Services recommended that the food
and beverage operator would provide a monthly rent to the City of $5,000 and in addition to that,
a percentage of the gross revenue. The City would receive three percent of gross revenues up
to $1.5 million; six percent of revenues up to $1.8 million; nine percent of revenues up to $2
million and 12 percent of revenues over $2 million, he explained. Community Services
anticipated that it would take approximately two full years of operation to be up to speed and the
ultimate projection was that the revenue to the City, in addition to what was received now in
food and beverage, would be about $150,000 per year.
Mayor Daly noted that the food and beverage contract was for five-years and that the City could
adjust the contract after five-years.
City Attorney White indicated, as required by California Environmental Quality Act Guidelines,
Section 15074C, that the City Clerk, pursuant to the City's records management ordinance, was
the custodian of all of the documents consisting of the record of the proceedings and that the
records shall reside in the Clerk's Office.
Council Member Kring moved, seconded by Council Member Feldhaus, to approve item Al4.
Roll call vote: Ayes - 4, Mayor Daly and Council Members McCracken, Feldhaus and Kring.
Noes - 1, Council Member Tait. Motion carried.
A15.
Approve and authorize the City Manager to execute the amended License and Support
Agreement with Decade Software Company modifying the effective date and terms of
the agreement for data management and information system for the Fire Department.
A16.
Authorize the Chief of Police to accept the 2001-2002 Juvenile Accountability Inventive
Block Grant from the Office of Criminal Justice Planning and execute all required grant
documents, including any extension and amendments thereof, and amend the fiscal year
02/03 budget by increasing revenues and expenditures in the amount of $92,753.
ANAHEIM CITY COUNCIL MEETING MINUTES
SEPTEMBER 24, 2002
PAGE 11
123
105
123
123
174
123
112
179
A17.
ORDINANCE NO. 5829 (INTRODUCTION) AN ORDINANCE OF THE CITY OF
ANAHEIM amending Section 1.12.070 of Title 1 of the Anaheim Municipal Code
regulating the disposition of unclaimed or abandoned property in the possession of the
Anaheim Police Department.
A18.
Approve and authorize the City Manager to execute the three year agreements for police
rotational towing services with the following firms: Action/Southland Enterprises, Inc., P
and H Enterprises, Inc., MetroPro Road Services, Inc., Quick Service Tow, Inc., Country
City Towing, Inc., Dubois, Boggs & Schaible, Inc., and Orange County Towing Service,
Inc.
A19. Appoint Jean Melnikoff to the Anaheim Workforce Investment Board representing the
Business Community for a term ending June 30, 2005.
A20.
Approve and authorize the Executive Director to execute the Second Amendment to
Office Building Lease with 20 S. Anaheim, LLC to extend the term of the lease through
September 30, 2003 with two one-year options to further extend the term.
A21.
Accept an award of funds from the U.S. Department of Labor for a High School/High
Tech Demonstration Project, approve and authorize the City Manager to execute the
Subrecipient Agreement with North Orange County Regional Occupational Program and
increase revenues and expenditures by $50,000 in Fund 220.
A22.
RESOLUTION NO. 2002R-206 RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM (I) authorizing the submittal of a Section 108 Loan Guarantee
Request to the United States Department of Housing and Urban Development for
funding assistance related to redevelopment of the Westgate Project on former landfill
properties at the northeast corner of Beach Boulevard and Lincoln Avenue in the City of
Anaheim, County of Orange, State of California, (Il) amending the City's One-Year
Action Plan for fiscal year 2002-2003 to include such application, and (111) making certain
findings in connection therewith.
Council Member Tait abstained on Item A22.
A23.
Approve the First Amendments to Utility Agreement 12362 and 12-UT-183 with CalTrans
for Interstate 5, Segment A3 and C respectively, to facilitate CalTrans' reimbursement to
the Public Utilities Department for additional costs incurred to remove and relocated
electrical facilities due to the Interstate 5 widening.
A24.
ORDINANCE NO. 5823 (ADOPTION) AN ORDINANCE OF THE CITY OF
ANAHEIM adding Section 1.09.052 to Chapter 1.09 of Title 1 of the Anaheim Municipal
Code, and repealing Ordinance No. 5819, relating to Political Reform (slate mailers)
(Introduced at the Council meeting held September 10, 2002, Item A15).
Council Member Kring moved, seconded by Council Member Feldhaus, to withdraw Item A24.
Motion carried unanimously.
A25. ORDINANCE NO. 5824 (ADOPTION) AN ORDINANCE OF THE CITY OF
ANAHEIM amending the zoning map referred to in Title 18 of the Anaheim Municipal
179
179
179
129
123
123
ANAHEIM CITY COUNCIL MEETING MINUTES
SEPTEMBER 24, 2002
PAGE 12
Code relating to zoning (Reclassification No. 2002-00073) (Introduced at the Council
meeting held September 10, 2002, Item A23).
A26.
ORDINANCE NO. 5825 (ADOPTION) AN ORDINANCE OF THE CITY OF
ANAHEIM amending the zoning map referred to in Title 18 of the Anaheim Municipal
Code relating to zoning (Reclassification No. 2002-00074) (Introduced at the Council
meeting held September 24, 2002, Item A24).
A27.
ORDINANCE NO. 5826 (ADOPTION) AN ORDINANCE OF THE CITY OF
ANAHEIM amending the zoning map referred to in Title 18 of the Anaheim Municipal
Code relating to zoning (Reclassification No. 2001-00044) (Introduced at the Council
meeting held September 10, 2002, Item A25).
A28.
A29.
ORDINANCE NO. 5827 (ADOPTION) AN ORDINANCE OF THE CITY OF
ANAHEIM amending the zoning map referred to in Title 18 of the Anaheim Municipal
Code relating to zoning (Reclassification No. 2001-00045) (Introduced at the Council
meeting held September 10, 2002, Item A26).
ORDINANCE NO. 5828 (ADOPTION) AN ORDINANCE OF THE CITY OF
ANAHEIM amending the zoning map referred to in Title 18 of the Anaheim Municipal
Code relating to zoning (Reclassification No. 2001-00046) (Introduced at the Council
meeting held September 10, 2002, Item A27).
A30.
RESOLUTION NO. 2002R-207 RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM declaring its intention to adopt the Third Amended and Restated
Franchise Agreement with Taormina Industries, LLC. for the collection, handling,
processing, recycling, transportation and disposal of solid waste within the City limits of
the City of Anaheim.
Public hearing scheduled October 15, 2002.
A31.
Approve the purchase agreement with SMG, in the amount of $6,700,000, for the
purchase of real property located at 2200 E. Katella Avenue and increase the
expenditure appropriations in the Convention, Sports and Entertainment Department
budget by $6,800,000.
Council Member Tait stated that he was opposed to the purchase. He said that by purchasing
the property the City would be in the entertainment business of providing concerts and other
entertainment. He said he believed the purpose of the City was to provide public safety and
civic upkeep and this was outside that realm. He said he was concerned that the purchase
would take the attention of staff and would take away from the attention to be placed on the
neighborhoods.
Council Member Tait moved to deny Item A31. The motion failed due to lack of a second.
Council Member Feldhaus asked if the City would become liable for possessory interest tax or
anything of that nature. City Attorney responded that if the City purchased the property, it would
not be subject to possessory interest tax and would be only if it were leased to a private
operator and would not be a City obligation unless it were negotiated and agreed to by the
Council.
ANAHEIM CITY COUNCIL MEETING MINUTES
SEPTEMBER 24, 2002
PAGE 13
Council Member Feldhaus said that in the newspaper, Melodyland had increased their offer
about $1 million over what the City had negotiated with SMG and he asked why SMG was still
required to honor the agreement that the City had with them.
City Attorney White said that when the City sold the land to Ogden Corporation several years
ago, one of the terms of the sale negotiated by the City was that, in the event that Ogden, which
had now been succeeded by SMG, ever sold the property, that the City would have the first right
to purchase it and if the City refused to exercise its right to purchase the property, it would not
be sold thereafter at a lower price than it was offered to the City. In accordance with that
language in the recorded deed on the property, he explained, SMG came to the City
approximately six to eight weeks ago and offered the property to the City for the $6.7 million that
was in the purchase and sale agreement. The City accepted the offer and instructed staff to
negotiate the terms of the purchase and sale agreement that was before Council, he added, and
that was done in accordance with the right that the City negotiated at the time it sold the
property to Ogden and the City was reacquiring the property with the addition of a building on
the property, which he was told ranged in the cost of construction approximately $15 million or
more.
Council Member Feldhaus asked what the perceived public purpose was for the building.
Executive Director of Convention/Sports and Entertainment, Greg Smith, said that the property
was part of the larger vision for the use of the area in providing a destination in the City for both
local residents and conventioneers and trade shows attendees. It was an important element in
selling Anaheim as a destination and was also a key element in offering a full variety and
spectrum of venues, he noted. The City had Edison International Field, the Arrowhead Pond,
the Anaheim Convention Center Arena and this property would add about 1,000-seat theater
venue, which would attract more entertainment to the community.
Council Member Feldhaus asked if the City intended to seek an outside operator and lease it
back, such as the golf clubhouse. Director Smith explained he was in discussion with several
booking agents and operators of similar types of facilities and there were five operators that had
expressed interest and they were major concert and entertainment agents and promoters. He
said if approved by Council, he expected to have a proposal back to Council for consideration in
a few weeks, recommending an operator of the facility that the City would enter into a financial
arrangement for operation. He said that the overall vision for Sportstown was an entertainment,
retail, dining destination and other uses near the stadium property that would make sense. He
noted that by the ability of the City to control the property, a grander vision could be facilitated.
Mayor Daly explained that when the City sold the property a few years ago to Ogden, there was
a provision that if Ogden ever chose to sell it the City would have first choice since the parcel
was a key parcel for the City since it was next door to the stadium and the train station. He
explained that the City had big plans to expand the train station and the area would continue to
grow and the it was important for the City, for sound planning purposes, retain the key asset.
He said that if it were not immediately adjacent to the stadium and the train station, the
circumstances might have been different and Council was working on making the most of this
for the taxpayers.
City Manager Morgan added that the City had heard of an offer that was in excess of the City's
amount and the very high interest from the operators referred to by Director Smith, validated the
business side of the transaction.
ANAHEIM CITY COUNCIL MEETING MINUTES
SEPTEMBER 24, 2002
PAGE 14
Director Smith noted that the parcel was the gateway into the Sportstown development and
although it was a small piece of land, it was a very important parcel as that gateway entry.
Council Member Kring said it was important that when Ogden purchased the property, they had
placed a $16 million improvement on it and the City was obtaining the land and the building for
$6.7 million.
Council Member Feldhaus asked if the operator assumed all liability for the operation of the
facility and were there tiered percentages. Director Smith said that the specific terms of the
operating agreement had not yet been negotiated and his goal was to present to Council an
agreement that would minimize the risk to the City and maximize the potential revenues from
profits of the facility. He said he believed that any risk that the City was exposed to would be
minimal.
Council Member Feldhaus expressed his concern about having a successful operator and noted
that he could not support the purchase agreement at this time. He asked Director Smith how
long it would be before he would have someone lined up and Director Smith responded that it
would be ten days to two weeks.
Council Member Feldhaus asked to delay voting for up to two weeks to find out who the
operator would be.
Mayor Daly noted that Council had received solid assurances that there were very qualified
managers negotiating with staff and he said he felt that staff could negotiate better knowing that
this portion of the deal had been consummated. He asked for a decision on the purchase.
Council Member Kring added that that purchase was not being paid for by general fund
revenues and there would be no hardship to the general fund.
Director Smith said that the individuals that staff was negotiating with were experts in the field
and there had been an overwhelming expression of interest. Every major entertainment
producer was interested in the property, he said, which indicated that the City would be able to
enter into a very favorable agreement.
Council Member Kring asked if the City needed to have ownership of the property before being
able to commit and there could be a tentative agreement and unless there was an ownership
right, nothing could be signed. Director Smith said that was correct and that it was difficult to
negotiate with someone on the operation of a facility when it was not controlled or owned by the
City. The City was also restricted by information that could not be provided right now, per a
confidentiality agreement, that need to be provided to a potential operator so that they could
provide a reasonable and serious offer.
Mayor Daly moved, seconded by Council Member McCracken, to approve the purchase
agreement with SMG, in the amount of $6,700,000, for the purchase of real property located at
2200 E. Katella Avenue and increase the expenditure appropriations in the Convention, Sports
and Entertainment Department budget by $6,800,000.
Roll call vote: Ayes - 3, Mayor Daly and Council Members McCracken and Kring. No - 1,
Council Member Tait. Abstain - 1, Council Member Feldhaus.
114
ANAHEIM CITY COUNCIL MEETING MINUTES
SEPTEMBER 24, 2002
PAGE 15
A32. Approve minutes from the Council meeting of August 20, 2002, August 27, 2002 and
September 10, 2002.
END OF CONSENT CALENDAR
116
A33.
Approve City of Anaheim participation, in the amount of $125,000, in preconstruction
tasks for Anaheim to Ontario segment of the CA-NV SST, contingent upon CA-NV SST
Commission commitment to appoint a City of Anaheim representative to the next
available voting member vacancy, approve the Cooperative Agreement with CA-NV SST
Commission and amend the fiscal year 2002-03 Department of Public Works operating
budget to appropriate $125,000 from the Gas Tax Fund for the purpose of participating
in preconstruction tasks when said contingency is met.
Mayor Daly noted that the Super Speed Train would help deliver persons to Ontario airport and
assist in alleviating pressure on other airports.
Council Member McCracken said that this was the combination California/Nevada High Speed
Rail and there was a High Speed Rail Commission that was studying high speed rail throughout
California from San Francisco to San Diego. She said some of the routes managed to bypass
Anaheim. The High Speed Rail had been considered and discussed and the City was looking at
technology to move people within a matter of hours between Las Vegas, Ontario and Anaheim.
She spoke about a plan for a multi-modal station over at the Stadium, which had Metrolink and
Amtrak and would then have high speed rail. She said that this meant contributing $125,000
and she said she had mixed feelings about gas tax funds and with the freeways, there needed
to be ways found to move people quickly.
Mayor Daly said that the money would be used to examine the feasibility of the line and some of
the environmental aspects of the line.
Council Member Kring noted that the 91-Freeway was a bottleneck and this would help in
alleviating some of the traffic. She asked if any of the projects in the City would suffer as a
result of using the $125,000 and City Engineer Johnson said that it would not and that Public
Works would not have to eliminate any projects and a reserve was carried annually for new
projects and things that had not been anticipated in the fiscal year.
City Engineer Johnson said he was told by the California delegation that their expectation was
that an equal effort take place in California that had been taking place in Nevada. He said he
expected that with the new transportation bill, there would be a significant portion that could be
designated to move forward the Anaheim to Ontario segment.
Mayor Daly moved, seconded by Council Member Feldhaus, to approve the City's participation,
in the amount of $125,000, for the CA-NV SST Cooperative Agreement. Council Member Tait
voted no. Motion carried.
Appoint a representative as an interim advisory member of the California-Nevada Super
Speed Train (CA-NV SST) Commission.
Mayor Daly moved, seconded by Council Member Feldhaus, to appoint the City Manager or his
designated representative as an advisory member of the California-Nevada Super Speed Train
(CA-NV SST) Commission. Motion carried unanimously.
ANAHEIM CITY COUNCIL MEETING MINUTES
SEPTEMBER 24, 2002
PAGE 16
179
A34.
Request for rehearing by Ofelia Sanchez regarding the denial of Conditional Use Permit
No. 2002-04528, Resolution No. 2002R-187. (1190 North Cherry Way) (Denied by
Council at the public hearing held August 6, 2002, Item C2).
Mayor Daly moved, seconded by Council Member McCracken, to deny the request for rehearing
of Conditional Use Permit No. 2002-04528. Motion carried unanimously.
179
Item B1 From Zoninq Administrator Meeting of September 5, 2002: (No action by City
Council required unless expressly indicated. Council may consider and act upon such matters
at its discretion. Items requiring a public hearing may be set for hearing at a later date upon the
request of any two Council members.) APPEAL PERIOD ENDS SEPTEMBER 27, 2002:
REPORT AND RECOMMENDATION:
BI.
ADMINISTRATIVE ADJUSTMENT NO. 2002-00226:
OWNER: Pravin J. Mody, 4 Dorchester, Irvine, CA 92620
AGENT: S.A.B.A. Architects, Attention: Sean Abaii
4500 Campus Drive, Suite 520, Newport Beach, CA 92660
LOCATION: 305 North Muller Street. Property is 2.5-acres located 795 feet north of
the centerline of Lincoln Avenue with a frontage of 350 feet on the west side of Muller
Street and a maximum depth of 316 feet.
Waiver of minimum front yard setback to construct an addition to the front of an existing
industrial building in the ML (Limited Industrial) Zone.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Administrative Adjustment No. 2002-00226 approved (ZA2002-28).
134
Item B2 From Planninq Commission Meetinq of September 9, 2002: (No action by City
Council required unless expressly indicated. Council may consider and act upon such matters
at its discretion. Items requiring a public hearing may be set for hearing at a later date upon the
request of any two Council members.) APPEAL PERIOD ENDS OCTOBER 1, 2002:
B2.
GENERAL PLAN AMENDMENT NO. 2001-00386
AND NEGATIVE DECLARATION:
AGENT: City of Anaheim, Community Development Department, Attn: Bertha
Chavoya, 201 South Anaheim Boulevard, Anaheim, CA 92805
City-initiated request to revise the 2001 Housing Element (approved by the City Council
on May 8, 2001) to incorporate additional information requested by the California
Department of Housing and Community Development.
ACTION TAKEN BY THE PLANNING COMMISSION:
Recommended adoption of revised Element of General Plan Amendment No. 2001-
00386 (PC2002-131) (6 yes votes, Commissioner Koos absent).
Negative Declaration approved.
Public hearing scheduled October 22, 2002 due to General Plan Amendment No. 2001-00386.
6:00 P.M. PUBLIC HEARINGS:
107
ANAHEIM CITY COUNCIL MEETING MINUTES
SEPTEMBER 24, 2002
PAGE 17
C1.
ORDINANCE NO. 5821 (ADOPTION) AN ORDINANCE OF THE CITY OF
ANAHEIM repealing existing Chapter 15.02 and adding new Chapter 155.02 to title 15 of
the Anaheim Municipal Code adopting by reference with amendments the 2001 edition
of the California Building Standards Code, known as California Code of Regulations,
Title 24, incorporating the 1997 edition of the Uniform Building Code, the 2000 edition of
the Uniform Mechanical Code, the 2000 edition of the Uniform Plumbing Code, and the
1999 edition of the National Electrical Code,; adopting by reference the 1997 edition of
the Uniform Code for the Abatement of Dangerous Buildings, adopting by reference with
amendments the 1997 editions of the Uniform Solar Energy Code, the Uniform
Swimming Pool, Spa, and Hot Tub Code; and the 1997 edition of the Uniform Housing
Code, as incorporated into Title 25, California Code of Regulations (Introduced at the
Council meeting of August 27, 2002, Item A11).
RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM setting forth local conditions justifying amendments to the 2001
Edition of the California Building Standards Code, Title 24, California Code of
Regulations, incorporating the 1997 Edition of the National Electrical Code and justifying
amendments to the 1997 Edition of the uniform swimming pool, spa and hot tub (Uniform
Codes).
ORDINANCE NO. 5822 .(ADOPTION) AN ORDINANCE OF THE CITY OF
ANAHEIM repealing existing Chapter 16.08 and adding new Chapter 16.08 of the
Anaheim Municipal Code adopting by reference with amendments the 2001 California
Fire Code, incorporating by reference the 2000 edition of the Uniform Fire Code, with
California amendments, as codified within the California Building Standards Code, Part
9, Title 24 of the California Code of Regulations (Introduced at the Council meeting of
August 27, 2002, Item A11 ).
RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM setting forth local conditions justifying amendments to the 2001
Edition of the California Fire Code, incorporating by reference the 2000 Uniform Fire
Code with California Amendments, as codified in the Building Standards Code, Part 9,
Title 24, of the California Code of Regulations.
Executive Director of Planning and Community Development, Joel Fick, noted that all of the
amendments or similarities had been adopted into the Anaheim Codes for some time with one
exception and that was seismic provisions to perform with the design provisions recommended
following the 1994 Northridge earthquake. Council packets contained resolutions to make
findings related to the local conditions, he added. City staff participated in review efforts with
sixteen other local agencies to promote consistency in recommending local building code
amendments while maintaining high safety standards in Orange County, he informed. The
Oran9e County uniformity group was supported by the Building Industry Association, he said,
and the International Conference of Building Officials. He added that there were no building fee
increases proposed to implement the new Codes.
Council Member Tait asked how many amendments beyond the State amendments were there
and Director Fick responded that in order of magnitude, there were approximately 15
amendments and they pertained to such things as expiration of permits, how they expire,
seismic activity and others.
ANAHEIM CITY COUNCIL MEETING MINUTES
SEPTEMBER 24, 2002
PAGE 18
Council Member Tait asked if this was time sensitive and Director Fick stated that the entire
Code, because it was approved by the State, with the exception of the localized amendments,
became effective in November whether or not local agencies adopted the Codes. The localized
amendments provided consistency between agencies, he informed, and the Building Industry
preferred consistency between agencies.
Council Member Kring asked if the 15 amendments added a great deal of money to the cost of
doing business in the City and Director Fick said it did not. He emphasized that it was not just
Anaheim that was considering the amendments and these were similar to the amendments of
other Orange County cities.
Council Member Kring noted that if Council did not take an action by November, the new Codes
of the State would automatically go into effect and the amendment specific to Anaheim would
need to be approved by Council. Director Fick said that was correct.
Council Member Tait asked for another week to study the Anaheim amendments.
Mayor Daly opened the public hearing and hearing no testimony, closed the public hearing.
City Attorney White stated that a one-week continuance would be all right since the City would
still have the local amendments in place, after that, it might become a problem where the City
would end up with the State Uniform Code in place, without the local amendments for Orange
County.
In response to Mayor Daly, Director Fick offered to forward to Council in the next week,
expanded information regarding the localized amendments.
Council Member Tait moved, seconded by Council Member Feldhaus, to continue Item C1 to
October 1, 2002. Motion carried unanimously.
179
C2.
CONTINUED PUBLIC HEARING
CONDITIONAL USE PERMIT NO. 2000-04277
AND NEGATIVE DECLARATION:
OWNER: Gock Woey Jung, 433 South Vicki Lane
Anaheim, CA 92804
AGENT: De Hua Jr., 12201 Brookhurst Street
Garden Grove, CA 92640
LOCATION: 420-504 South Brookhurst Street. Property is approximately 1.5 acres
with a frontage of 205 feet on the east side of Brookhurst Street located 492 feet north of
the centerline of Orange Avenue (Seafood Place Restaurant).
Requests reinstatement of this permit by the modification or deletion of a condition of
approval pertaining to a time limitation (approved on November 6, 2000 to expire on
November 6, 2001 ) to retain a banquet hall with service but no sales of alcoholic
beverages for on-premises consumption and modification or deletion of a condition of
approval pertaining to construction of a block wall.
ACTION TAKEN BY THE PLANNING COMMISSION:
ANAHEIM CITY COUNCIL MEETING MINUTES
SEPTEMBER 24, 2002
PAGE 19
Denied request for reinstatement of Conditional Use Permit No. 2000-04277 (PC2002-
97) (7 yes votes).
Negative Declaration previously approved.
(Informational item at the Council meeting of July 2, 2002, Item B4. Planning
Commission's decision appealed by Agent, De Hua Jr. Continued from the Council
meeting of August 6, 2002, Item C4).
Jimmy Tong Nguyen spoke on behalf of the owner and requested that the Conditional Use
Permit be extended.
Zoning Division Manager Greg Hastings presented a staff report and stated that the request
was to retain a banquet hall with service, but not sales of alcoholic beverages was approved by
the Planning Commission on November 6, 2000, for one year, and expired on November 6,
2001. In order to reinstate the expired conditional use permit, a finding must be made that all of
the conditions of approval for the conditional use permit had been complied with, he informed.
Planning Commission initially reviewed the applicant's request for reinstatement to November of
last year, 2001, and continued the matter for several months to allow the applicant to comply
with their conditions of approval. On June 17, 2002, Planning Commission denied the
reinstatement request since several conditions still remained outstanding. There had been
some progress made since the Commission's denial of the request and four conditions
remained outstanding. Three of the conditions, grading, paving and striping a vacant lot for
parking, were in the process of being complied with and staff could not predict the completion
dates and recording a reciprocal parking and access agreement between properties and
recording a lot line adjustment, he noted. One additional condition required an eight-foot high
block wall to be built between the proposed parking lot and the residences to the east, he said,
and currently a six-foot wall existed at that location. He stated that the applicant was asking that
the condition pertaining to the eight-foot high wall be deleted and even if the condition were
deleted, Code would still require an eight-foot high wall at that location and only a variance
would relieve the applicant from this requirement. Because of non-compliance with the
condition since November 2000, the variance would be required to eliminate requirement for an
eight-foot high wall, staff recommended that Council uphold the Planning Commission's
reinstatement denial, he said. The applicant would have the opportunity to reapply to the
commission for a new conditional use permit with a waiver of the fence height.
Mayor Daly noted that if the conditions had not been fulfilled from two years ago, how could the
Council do anything other than either send the item back to Planning Commission or deny it.
Director Fick noted that the Zoning Manager had mentioned that some of the findings for
reinstatement include that all conditions had been complied with. There was an inconsistency,
he said, because staff and the Planning Commission had spent a considerable amount of time
attempting compliance with conditions with the property owner. He said that one of the
conditions that the applicant now requested relief from required a variance, which in its own
right, required a public hearing and Planning Commission consideration. Even if adjusted in the
conditions it would technically still require a variance procedure, he informed and for all of those
reasons, and knowing that compliance had not occurred for two years on the site, staff
recommended that the Council support Planning Commission's non-reinstatement of the
application. He added that Planning would continue to work with the applicant on condition
compliance or if the applicant would want an adjustment to the fence height. He said that it was
staff's understanding that some of the neighbors may be agreeable to the reduction in the fence
height
ANAHEIM CITY COUNCIL MEETING MINUTES
SEPTEMBER 24, 2002
PAGE 20
Council Member Kring asked if the Planning Commission's denial was upheld, would the
applicant would be out of business. Director Fick stated that since staff had been working with
the applicant for the last two years, it was the practice that while there was a pending
application to continue to work with the applicant and to let the business exist. He said he was
hopeful, in the event that the applicant indicated that they were processing another application,
and desire to comply with conditions and that they would do that very rapidly. Filing an
application for a fence height variance was something that could be done within days and staff
would expect, in order for that cooperation by the City, if it was requested, that the applicant
very expeditiously work to correct the situation.
Mayor Daly asked at what point the applicant apply to extend the permit and Zoning Manager
Hastings said that the Planning Commission had spent a number of months trying to get
compliance from the applicant and the applicant had asked for additional time to bring the
matter to Council.
Mayor Daly said that some of the conditions agreed to in 2000 had not yet been fulfilled. If the
applicant was in good faith trying to fulfill the conditions, he said, and they were not yet fulfilled,
how could the Council act. He said that the Planning Commission had denied it because there
was a failure to implement the conditions. There was nothing that the Council could do to solve
that and the property owner and tenant needed to perform based on what they agreed to two-
years ago, he added. Director Fick said that was correct
Mayor Daly opened the public hearing.
Jimmy Tong Nguyen noted that the recording of the reciprocal parking agreement needed to be
done by the two owners of the two properties, which were Dr. Schwartz and Mr. Gock Woey
Jung. He said he believed that the operator had been victimized by the two owners and Mr. De
Hua had already deposited $29,000, which was selected by Dr. Schwartz for a contractor to
improve the parking lot. He noted that four days ago, he came in to the City and submitted an
item to Plan Check. He said that Mr. De Hua did not speak good English and could not
represent himself and Mr. Nguyen was present on behalf of Mr. Hua. He said that Mr. Hua
spent his own money to improve the parking lot and other improvements and he asked the
Council to allow Mr. De Hua, Jr., as the tenant and operator of the business, to stay there. Mr.
Nguyen said he would assist Mr. De Hua in working with the staff and meeting the conditions in
a timely manner.
Mayor Daly asked what the intention was for the eight-foot high block wall that had been agreed
to two years ago. Mr. Nguyen said he had no intention of building the eight-foot wall and the
money had already been deposited in the account and the contractor has $29,000.
Mayor Daly noted that there were four conditions that had not yet been complied with from two-
years ago and he asked how long it would take to comply with the four conditions. Mr. Nguyen
said he could do it in two weeks and he did not have control of the property.
Mayor Daly asked how long it would take to full fill the four conditions agreed to two years ago.
Mr. Nguyen asked for another eight weeks because the City plan check had responded that
they would not have the plan check for the development of the parking lot until October 18,
2002. He said that he had another two weeks to wait for the plan check and this included the
eight-foot wall as well. He added that the money was already in the account.
ANAHEIM CITY COUNCIL MEETING MINUTES
SEPTEMBER 24, 2002
PAGE 21
Council Member Kring said that an eight-week continuance would be fair and she noted that the
doctor next door to the business stated that the Seafood Palace was a very terrific neighbor.
She said it was a business that was thriving and should have the opportunity to make it right
without having to start the process all over again.
Mayor Daly asked what staff's recommendation would be if the applicant were to comply with
the unfulfilled conditions that were promised two years ago and never delivered. Director Fick
responded that everything else was in order and had conditions been complied with in the last
two-years, Planning Department would have recommended a one-year extension.
Mayor Daly asked if there were any other conditions and Director Fick said that he believed that
the permit itself was comprehensively addressed when approved.
Council Member Tait noted that the Police Department recommended approval of the
application and he suggested that the applicant be granted an extension for eight-weeks since
some of the conditions were out of the applicant's control. He said if the applicant was not able
to fulfill conditions, he agreed that the applicant would need to go back to the Planning
Commission.
Council Member Kring said if the conditions were met in eight-weeks, she would like to see a
three-year continuance be granted.
Council Member McCracken asked if Dr. Schwartz, the other property owner, understood that
the applicant needed a reciprocal parking agreement and Mr. Nguyen said that the Seafood
Palace had signed an agreement with him for 20-years to use his big lot to extend the parking
lot. Mr. Schwartz had demanded that the money be deposited to the account for the
improvement of parking and he said he did not know why the plan was not brought to the
Engineering Department to be checked.
Council Member McCracken said that the plans had been brought to the City for plan check and
she asked if the applicant intended to go ahead with the grading on Mr. Schwartz property and
Mr. Nguyen said that was correct. Council Member McCracken asked if the applicant was going
to work with Mr. Schwartz to obtain the reciprocal parking agreement in writing and Mr. Nguyen
said that Mr. Schwartz would need to do that with Mr. Gock Woey Jung. She asked if this could
be accomplished in eight weeks because of the communication and Mr. Nguyen said that it
could.
Mayor Daly moved, seconded by Council Member Kring, to continue Item C2 for eight-weeks to
November 19, 2002. Motion carried unanimously.
179
C3.
CONDITIONAL USE PERMIT NO. 2002-04570
CATEGORICALLY EXEMPT - CLASS 1:
OWNER: Robert G. Becker, 10857 Westminster Avenue
Garden Grove, CA 92843
Five Points Liquor, Attn: Jin S. Choi, 1108 West Lincoln Avenue Anaheim, CA 92805
AGENT: Platt Design, Attn: Bob Platt, 2740 Associated Road, D-42 Fullerton, CA
92835
LOCATION: 1777-1779 West Lincoln Avenue. Property is approximately 0.3-acre
having a frontage of 66 feet on the north side of Lincoln Avenue located 500 feet east of
the centerline of Crescent Way (Five Points Liquor).
ANAHEIM CITY COUNCIL MEETING MINUTES
SEPTEMBER 24, 2002
PAGE 22
Request to permit the expansion of an existing legal non-conforming mini market with
the retail sales of alcoholic beverages for off-premises consumption.
ACTION TAKEN BY THE PLANNING COMMISSION:
Approved Conditional Use Permit No. 2002-04570 (PC2002-115) (5 yes votes,
Commissioner Vanderbilt absent and one Commission vacancy).
Informational item at the Council meeting of August 20, 2002. Appeal of the Planning
Commission's decision requested by Five Points Liquor.
Zoning Division Manager, Greg Hastings, stated that the request would permit the expansion of
a legal, non-conforming, mini market, with sales of alcohol. The applicant was relocating the
business from 1108 West Lincoln Avenue, as a result of the Lincoln Avenue street widening
project, he informed. He said that Five Points Liquor would be utilizing the space previously
occupied by a mini-market and was expanding into an adjacent unit. He said that by zoning
definition, Five Point Liquor was a mini market, not a liquor store. The Planning Commission
had approved the applicant's request for the expansion and imposed standard conditions that
had been used for mini markets Citywide for the past several years, he noted, and with the
conditions in place, Planning, Community Development and Police Departments had
recommended approval. It was staff's understanding that the applicant was opposed to
Condition No. 2 of the Planning Commission resolution, which read that beer shall not be sold in
packages containing less than a six-pack and that wine coolers shall not be sold in packages
containing less than a four-pack, he said. The condition had been recommended by the Police
Department as a condition of approval for mini markets for the past several years, he explained.
Police Department research had shown that other cities in Orange County, as well as Alcohol
Beverage Control, used a similar condition of approval, he noted. Staff continued to '
recommend the condition as a method to reduce the availability of single-container sales,
associated with drinking and driving and with walk-in, transient customers, he said. There were
motels and apartments directly across Lincoln Avenue and the fact that the crime rate for the
reporting district was 42 percent above the City average, he said, and all of the surrounding
districts exceeded the City average.
Mayor Daly opened the public hearing.
Rick Blake said that the Planning Commission recommended approval of the conditional use
permit subject to 23 separate conditions. He said that the only concern was Condition No. 2,
which was the minimum six-pack sales of beer and he was not concerned about the minimum
four-pack requirement on wine items. The appellant, Mr. Choi, operated a store at 1108 West
Lincoln Avenue for the last 17-years and he was required to move out of the location based
upon a redevelopment plan by the City, he noted, and he found the location at the corner of
Lincoln Avenue and Euclid Street. The store that he had did not have any conditions
whatsoever on it, he said, and the store that he acquired did not have conditions on it and the
problem was that he was askin9 to expand into the unit next door. Mr. Choi had purchased the
building that was the subject of the application and the Five Points Store from which he was
leaving was much larger than the existing store that he was buying and he wanted to move next
door to increase customer space, isle widths and add grocery items. He said that the sale of
six-pack units of beer prohibited Mr. Choi from selling many of the imported and micro-brew
items that were not sold in six-pack units. It also prohibited Mr. Choi from selling single cans to
the casual user who wanted a single bottle or can, he added. The location had not had a history
of transient problems, he said, and he did not know of any disciplinary action imposed at the
location by Alcohol Beverage Control. The conditions to be imposed should have some bearing
or relationship to a problem in the area or a perceived problem, he said, and this was a store
ANAHEIM CITY COUNCIL MEETING MINUTES
SEPTEMBER 24, 2002
PAGE 23
that had operated historically without problems and it seemed unfair to impose a very large
number of restrictive conditions on the location and Mr. Choi was willing to accept all of them,
except the single six-pack sale. Mr. Blake said that the location was ideal for a liquor store
since there was not another liquor store until two miles to the east by Illinois Street and to the
north there was a store past Crescent and, Broadway and Euclid Street to the south. There was
not an inundation of alcohol in the area and he asked Council to support the applicant and
provide the opportunity to expand into the new location and not be restricted to the six-pack
sales.
Jin Choi stated that he was the current owner of the store for the last two months and had been
the owner the Five Points Liquor store for the last 17 years. He said he had to move out
because of the Lincoln Avenue street widening project. He said the building he had found for
the liquor store was only 1,300 square feet and his old liquor store was 1,900 square feet. He
said that the business at 1108 West Lincoln Avenue had 50 to 60 percent sales of single beers.
If he was not allowed to sell the single beers, he said he would not be able to survive in the new
location. He said he surveyed supermarkets and Seven Eleven stores in a 1.7 mile radius and
they were selling single beers.
Jose Juarez said he had been buying single cans for a long time and that Five Points Liquor
had been good to him. He asked that Council allow Mr. Choi to sell single cans.
Mr. Blake stated that Mr. Choi was concerned with the loss of the ability and he asked that
Council grant the right to sell less than six-pack units at the store. The option for Mr. Choi was
that if the sale of single cans were not granted, he would remain in the existing store and not
expand, he said. He said he believed if the request was granted it would be a win-win situation
and the City would have 22.5 conditions and everyone would benefit.
Mayor Daly closed the public hearing.
Council Member Kring asked how mini markets were treated and if they were allowed to sell
single cans. Manager Hastings said that this condition was uniformly recommended on the
items coming before the Planning Commission and Council as new mini marts.
Council Member Kring asked how a grocery store was treated and Manager Hastings said that if
it were a new store it would be conditioned coming in and what Mr. Blake was referring to were
stores or markets that had been previously entitled prior to imposing the condition. Council
Member Kring said that imported beer did not come in six-packs and how could they be held to
purchasing a six-pack and that seemed to be an undue hardship.
Director Fick stated that staff had looked at some past permits that had been discretionary
permits that had come before Council and they found permits going back approximately eight
years where the condition had been consistently applied. It had been a uniform policy where
the Police Department had recommended the condition on a consistent basis for convenience
markets and convenience markets within service stations where the condition had been
opposed. He said from staff's standpoint, he could not think of an instance where it had not
been opposed.
Council Member Tait asked what the purpose of the policy was.
Sergeant Thomas J. Smith, Vice Detail at the Police Department, explained to Council that the
Police Department had requested the condition consistently since there had been many
ANAHEIM CITY COUNCIL MEETING MINUTES
SEPTEMBER 24, 2002
PAGE 24
problems with transients and other people that frequented liquor stores and mini marts. The
people would buy a single can or single bottle of beer and transients, specifically, since they did
not have the means to keep a six or twelve-pack cold and they would buy a single can and drink
it in the alley or parking lot, he explained. He said the transient would go back and buy another
one if they had enough money and often times they did not have the money to buy a six or
twelve pack. It was frequent for other people, besides transients, to buy a single-can of beer
and drink it in the parking lot or a nearby neighborhood, he informed. One of the concerns that
the Police Department had, he said, was when people drove up to the liquor store, market or
gas station, those who purchased a single can and drove home drinking that single can of beer.
The Police Department wanted to prevent drinking and driving on the way home and the
drinking of single cans in the alleys or parking lots, he added.
Mayor Daly asked Sergeant Smith if he was convinced and that his statistics would demonstrate
the sale of single cans or bottles in convenience markets had contributed to a crime problem.
Sergeant Smith responded that he was convinced since he had been a Police Officer for over
25-years and over the years, in the small liquor stores and markets, the Police would find
people frequently drinking a single can of beer in the alley or the parking lot.
City Attorney suggested taking testimony from Mr. Blake since Council had taken additional
testimony.
Mr. Blake responded that he would wait in presenting any additional comments.
Mayor Daly noted that the issue of the expansion of the store might not take place if the single
bottle or can sales were not allowed and he asked if it created any Planning issues. Manager
Hastings said it would allow the continuation of the existing use that was there without the
expansion and this conditional use permit would not be required.
Mayor Daly asked if there were signage or other issues and if there was any major difference in
terms of the aesthetics for the property. Director Fick said that was accurate and that a number
of conditions pertained to not having roof mounted balloons that would not be allowed or
granted by a special events permit under any circumstances.
Mayor Daly moved, seconded by Council Member McCracken, to approve the CEQA Finding of
Categorically Exempt, Class 1. Motion carried unanimously.
Council Member Tait expressed his concern for the policy of single can sales.
Mayor Daly asked Director Fick about the difference between a smaller store without the new
conditions and a newer, larger store with the more modern conditions. Director Fick said that
there were conditions that the Planning Commission imposed that were wrapped into the permit
as they are with all of the applications. Planning Department was moving in a positive direction
on the permits and recommending enhancements, he said. There were operational conditions
pertaining hours of operation, which were not imposed on non-conforming uses, he noted, and
he did not want to minimize the effort of the Planning Commission.
Council Member Tait said he had heard the Mayor's concerns and would support the Planning
Commission's recommendation.
Council Member Feldhaus commented that the crime rate of 244 percent average was to the
north; to the west was 113 percent above average and to the east was 393 percent above
179
ANAHEIM CITY COUNCIL MEETING MINUTES
SEPTEMBER 24, 2002
PAGE 25
average and this was indicative of liquor sales in the area immediately adjacent. The Police
Department had documented that alcohol lead to higher crime rates, particularly a concentration
of alcohol and licenses, he said. It would be better for someone to buy a package of alcohol
and take it to their home and enjoy it rather than buying a can and another can, he added.
Mayor Daly asked why there were no signage aspects to this and was it because it was not an
appropriate connection. Manager Hastings said that there was one condition that there was one
condition having to do with the removal of some of the illegal rider signs, which had been
illegally placed on the permitted signs allowed there. The height of the large street front poll
sign, said Mr. Hastings, was permitted by Code because it was within a commercial retail center
and they were allowed to be 25-feet high. The only thing that departed from that was the fact
that it had a single pole rather than two poles, he noted.
Director Fick mentioned that the rider signs mentioned by Manager Hastings were not permitted
under any circumstance, whether there was a condition imposed there or not.
Mayor Daly asked why that would not be dealt with under the new conditional use permit.
Manager Hastings noted that the other issue had to do with the nexus on the property and the
fact that this was an existing use that was on the property that enjoyed the signage.
Mayor Daly offered Resolution No. 2002R-208 for adoption, upholding the decision of the
Planning Commission, not including the additional condition of allowing the sale of single cans
or bottles of alcohol.
RESOLUTION NO. 2002R-208 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2002-04570.
Roll call vote: Ayes - 5, Mayor Daly and Council Members McCracken, Feldhaus, Tait, and
Kring. Noes-0. Motion carried.
C4.
RECLASSIFICATION NO. 2002-00075
WAIVER OF CODE REQUIREMENT
CONDITIONAL USE PERMIT NO. 2002-04554
TENTATIVE TRACT MAP NO. 16371
WAIVER OF COUNCIL POLICY NO. 542
AND NEGATIVE DECLARATION:
OWNER: Island Investment, P. O. Box 8032
Newport Beach, CA 92658
AGENT: Pelican Homes, Attn: Brian Johnson
33971 Selva Road, Suite 135, Dana Point, CA 92629
LOCATION: 1126 North Euclid Street. Property is approximately 2.38 acres having a
frontage of 286 feet on the east side of Euclid Street located 280 feet north of the
centerline of La Palma Avenue.
RECLASSIFICATION NO, 2002-00075 - Request reclassification of the subject
property from the RS-A-43,000 (Residential/Agricultural) zone to the RM-2400
(Residential, Multiple-Family) zone, or a less intense zone.
CONDITIONAL USE PERMIT NO. 2002-04554 - Request to construct a 36-unit
(reduced to 32 units) attached residential condominium subdivision with waivers of a)
required improvements of private streets, b) maximum fence height, c) minimum
ANAHEIM CITY COUNCIL MEETING MINUTES
SEPTEMBER 24, 2002
PAGE 26
dimension of parking spaces, d) minimum number and type of parking spaces, e)
minimum building setback and f) minimum width of pedestrian access ways.
TENTATIVE TRACT MAP NO. 16371 - To establish a 13-1ot, (8 numbered, 5 lettered),
36-unit (reduced to 32 units) attached residential airspace condominium subdivision.
Waiver of Council Policy No. 542 - To waive sound attenuation of residential projects
adjacent to a primary arterial highway.
ACTION TAKEN BY THE PLANNING COMMISSION:
Reclassification No. 2002-00075 granted (PC2002-118) (5 yes votes, Commissioners
Boydstun and Vanderbilt absent).
Approved, in part, Waiver of Code Requirement as follows: approved waivers (a) and (f)
(5 yes votes, Commissioners Bodystun and Vanderbilt absent); denied waiver (b) (3 yes
votes, Commissioners Bristol and Eastman voted no and Commissioners Boydstun and
Vanderbilt absent); and denied waivers (c), (d) and (e) (5 yes votes, Commissioners
Boydstun and Vanderbilt absent).
Conditional Use Permit No. 2002-04554 granted, in part (5 yes votes, Commissioners
Boydstun and Vanderbilt absent).
Tentative Tract Map No. 16371 approved (5 yes votes, Commissioners Boydstun and
Vanderbilt absent).
Waiver of Council Policy No. 542 approved (5 yes votes, Commissioners Boydstun and
Vanderbilt absent).
Informational item at the Council meeting of August 20, 2002, Item B10. Review of the
Planning Commission's decision requested by Mayor Daly and Council Member
Feldhaus.
Mayor Daly had asked staff to look at the fence height along Euclid Street, since this was a
proposal for 32 new town homes on Euclid Street, north of La Palma. Planning Department had
proposed a solution to the question of how the fence should be designed along Euclid Street to
be attractive and to protect the small front yards of the town homes that would be facing on
Euclid Street.
Director Fick stated that back in August, the Planning Commission approved a 32-unit
residential condominium project. Staff had worked cooperatively with the developer, he said,
and it was a very high quality architectural design. When the item was set for public hearing,
the focus was upon the fence, he noted, and an architect had looked at the fence design and
the fence plan had been redesigned so that it was a three-foot high wall with a stucco finish and
a two-foot high, rod iron fence element. There was a letter from an architect that recommended
the wall to secure and define the private patio space, develop the entry identity and to establish
a separation between the private yards and Euclid Street, he noted. Staff recommended that
Council approve the project subject to conditions imposed by the Planning Commission and
approve the waiver pertaining to the maximum fence height to allow a five-foot high fence within
the front set-back area adjacent to Euclid Street.
Brian Johnson of Pelican Homes stated that he was satisfied with the diagram submitted and
concurred with the recommendation of staff.
Mayor Daly opened the public hearing and hearing no testimony, closed the public hearing.
Mayor Daly moved, seconded by Council Member Feldhaus, to approve the CEQA Finding of
Negative Declaration. Motion carried unanimously.
Mayor Daly offered Resolutions Nos. 2002R-209 and 2002R-210 for adoption.
ANAHEIM CITY COUNCIL MEETING MINUTES
SEPTEMBER 24, 2002
PAGE 27
RESOLUTION NO. 2002R-209 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM FINDING AND DETERMINING THAT THE ZONING MAP
REFERRED TO IN TITLE 18 OF THE ANAHIEM MUNICIPAL CODE SHOULD BE
AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE
CHANGED. (RECLASSIFICATION NO. 2002-00075)
RESOLUTION NO. 2002R-210 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2002-04554,
IN PART.
Roll call vote: Ayes - 5, Mayor Daly and Council Members McCracken, Feldhaus, Tait, and
Kring. Noes-0. Motion carried.
Mayor Daly moved, seconded by Council Member Feldhaus, to approve Tentative Tract Map
No. 16371. Motion carried unanimously.
Report on Closed Session Actions:
None.
Council Communications:
Council Member McCracken announced that Orange County Transportation Authority awards
would be given out at noon on Monday, September 30, 2002.
Council Member Kring commended the Angels on their victory.
Council Member Feldhaus asked to have agendized a discussion on Council Policy 306, which
might give Anaheim based vendors a two percent, instead of a current one percent
consideration. He asked to also address the ability for Purchasing Agent to make purchases
outside of the City without foreknowledge of City Manager or some other overriding authority.
He said he was getting some feedback from Anaheim businesses that were on the bidders list
and that had not been consulted or given an opportunity to bid for some of the things. He said
he thought it was not fair and he asked to discuss that in an open forum.
Mayor Daly said that the item would be coming back to Council on a future agenda and asked
Council Member Feldhaus if he would like to have a staff report first or have it come straight
back to the agenda.
Council Member Feldhaus said it needed a discussion by Council and should come back to the
agenda. He said he was sure that the City Manager would probably prepare something and
Council also had copies of the Policy and it would require an action to change from one percent
to two percent consideration.
Council Member McCracken said she would appreciate a staff report and she would like to
know what the fiscal consequences would be between one percent and two percent and what
the process was today and what the process was now for purchasing. She said that there must
be a reason why the Purchasing Agent had some control and she would like to know some of
the reasons before a discussion.
ANAHEIM CITY COUNCIL MEETING MINUTES
SEPTEMBER 24, 2002
PAGE 28
City Manager Morgan said that staff could provide a backround document.
Council Member Feldhaus noted that the City was paying the Chamber of Commerce contract
to go out and try to promote businesses in Anaheim and that the City was over looking some of
the vendors that could provide things to the City without having an opportunity to even vote. He
said he believed that was incorrect.
Mayor Daly asked Council Member Feldhaus if he would like this item on the next agenda or if
he would like to see the staff report first and then have it placed on the agenda.
Council Member Feldhaus said it needed to be discussed.
City Manager Morgan recommended that the item be placed on the agenda in three weeks,
October 15, 2002.
Council Member Kring commented that sometimes Anaheim businesses did not approach the
City and be placed on the bid list since they did not know how to go about it. She suggested
that there be something in the quarterly magazine that told people that if they wished to be a
part of the bid process, they would need to contact Purchasing Department. If some Anaheim
businesses were not getting picked, she said, the bids may not be as good as other agencies.
Council Member McCracken said that the process may be confusing to local businesses and
maybe the Chamber of Commerce could assist the City in reaching small businesses and assist
in walking through the process with them.
Mayor Daly asked to see further analysis from the City Manager.
Adjournment:
There being no further business to come before the City Council, Mayor Daly adjourned the
meeting at 9:00 P.M.
Respectfully submitted:
Sheryll Schroeder, CMC/AAE
City Clerk