2003/03/25
ANAHEIM, CALIFORNIA - CITY COUNCIL MEETING
MARCH 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 March 25, 2003 on the exterior door of the
Anaheim Council Chambers, announcing the adjournment to 5:00 P.M. due to a lack of
quorum.
PRESENT: Mayor Curt Pringle, Council Members: Tom Tait, Shirley McCracken, Bob
Hernandez and Richard Chavez.
STAFF PRESENT: City Manager David Morgan, City Attorney Jack White, City Clerk
Sheryll Schroeder.
A copy of the agenda for the meeting of the Anaheim City Council was posted on March
21,2003 at the City Hall outside bulletin board.
Mayor Curt Pringle called the regular meeting to order at 5:15 P.M. in the Council
Chambers of the Anaheim City Hall, 200 South Anaheim Boulevard and welcomed
those in attendance.
Mayor Pringle moved to recess until after the Redevelopment Agency, Housing
Authority and Public Finance Authority meetings.
AFTER RECESS:
Mayor Pringle called the regular Council meeting back to order at 5:26 P.M.
4. Consider a Disposition and Development Agreement between the
Redevelopment Agency and Zelman Retail Partners, Inc. for the West Anaheim
Commercial Corridors Redevelopment Project.
Mayor Pringle opened the joint Redevelopment Agency and Council public hearing.
Mayor Pringle noted that staff had requested a continuance to April 15, 2003 and
hearing no objections, he continued the item to April 15, 2003.
INVOCATION: Rev. Mary Hibbard, Anaheim United Methodist Church
FLAG SALUTE: Council Member Hernandez
PROCLAMATIONS AND DECLARATIONS:
Mayor Pringle recognized long-term city employees and awarded them with a
proclamation for their service.
Also recognized was Ms. Rebecca Baumbach, Miss Anaheim 2003.
ANAHEIM CITY COUNCIL MEETING MINUTES
MARCH 25, 2003
PAGE 2
Additions/Deletions to the A~enda: None.
Public Comments:
James Reade spoke in opposition to the 30-day motel limitation stay.
Lisa Wadell noted that she was attempting to open a banquet and wedding facility in
Anaheim Hills. She noted the studies she had gone through and explained she was not
any closer to project approval. Ms. Wadell said she did not agree with the standards
that she was being held to for projects compared to other projects. She provided copies
of the site to Council. She said she was in the third screen check for EIR, one third was
returned, the other two thirds was still being reviewed from original submittal in January.
She felt the city was in violation of the streamline processing act.
Dr. John Baird, a member of the Vector Control Board, made everyone aware of
mosquitoes that were carrying the West Nile virus and of the fire ants.
Council Member Tait suggested that staff inform the county that this was a priority in
Anaheim and asked it be an informational item for the Anaheim Magazine.
Art Castillo brought up recent vendor parking issues and said vendors needed to be part
of the decisions that were being made. He said the vendors would like to work with a
small business committee.
Mayor Pringle noted recent meetings and felt the resolution was forth coming. He
suggested the City Manager meet with the vendors or their representatives.
Pedro Vasquez said he had been waiting for a week for someone to get back to him on
the vendor issues.
City Manager, Dave Morgan, indicated that staff was getting together on March 26,
2003 to come up with ideas and then they would meet with a group of business owners.
He noted staff would need two weeks to come to the point where they could meet with
the vendors.
Michael Baker, Executive Director of the Boy's and Girl's Clubs, announced the motel
outreach program for children had been in existence for 1 % years. He said there would
be a fund raiser on May 17, 2003 at the Anaheim Convention Center and the monies
raised would directly benefit the motel program for children.
Saline addressed the Council regarding the lack of parking places at Hermosa Village.
Robert Flores said the Neighborhood Council's were supposed to represent all people
and to assist, he formed the tenant's association. He reiterated a story about his car
being towed from a complex. He presented a memo from UNO Para Los Ninos, Inc.
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ANAHEIM CITY COUNCIL MEETING MINUTES
MARCH 25, 2003
PAGE 3
Kim Toners from the Eli House brought up a particular family that had been affected by
the 30-day stay rule. She said she had been working with the mother and her children
to assist them in finding some kind of transitional housing, without success, the family
had no other choice but to go to a motel and remain in the motel to this date. Ms.
Toners encouraged Council to reconsider the 30-day ruling.
MOTION: Council Member McCracken moved to waive reading in full of all ordinances
and resolutions, seconded by Council Member Chavez. Motion carried unanimously.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR Ai - Ai3: On motion by
Council Member McCracken, seconded by Council Member Chavez, the following items
were approved in accordance with the reports, certifications and recommendations
furnished each Council Member and as listed on the Consent Calendar. Council
Member McCracken offered Resolutions Nos. 2003R-57 through 2003R-58 for adoption
and Ordinance No. 5853 for adoption. Council Member Tait abstained on the approval
of the agreement with Tetra Tech, Inc. due to a potential conflict of interest. Roll call
vote: Ayes - 5; Mayor Pringle, Council Members Tait, McCracken, Chavez and
Hernandez. Noes - O. Motion carried.
A1.
Receive and file the Investment Portfolio Report for February 2003; the Crime
and Analysis Report for February 2003; minutes of the Investment Advisory
Commission meeting held November 19, 2002; minutes of the Golf Advisory
Commission meeting held December 5,2002; minutes of the Public Utilities
Board meeting held February 6, 2003; and minutes of the Public Library Board
meeting held February 10, 2003.
A2.
Award the contract to the lowest responsible bidder, All American Asphalt
Company, in the amount of $186,265.76, for reconstruction of La Palma Avenue.
179 A3. Adopt a Negative Declaration of Environmental Impact for the widening of Lincoln
Avenue and State College Boulevard intersection.
A4.
Approve the Agency-State Agreement for Federal Aid Projects No. 12-5055,
Program Supplement No. 111-M, for the Brookhurst Street Improvement Project
from Lincoln Avenue to Sequoia Avenue.
A5.
Approve the Agency-State Agreement for Federal Aid Projects No. 12-5055,
Program Supplement No. 112-M, for the La Palma Avenue Improvements Project
from Weir Canyon Road to the easterly City limits at Featherly Regional Park.
A6.
RESOLUTION NO. 2003R-57 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. 10595, 10597, 10598,
10599 and 10600).
ANAHEIM CITY COUNCIL MEETING MINUTES
MARCH 25, 2003
PAGE 4
174
A7.
174
A8.
123
A9.
Authorize the Community Services Department to apply for a grant to provide
computer equipment valued up to $100,000 from the Beaumont Foundation of
America.
Authorize the Community Services Department to accept a grant from the Arroyo
Seco Library Network, in the amount of $2,000, to improve on-line connections
and increase the budget for both revenue and expenditures in Fund 217, in the
amount of $2,000 for fiscal year 2002/2003.
Accept the California Public Library Construction and Renovation Grant, in the
amount of $5,669,872, and approve and authorize the City Manager to execute
the Grant Agreement with the California State Library for Proposal No. 1047, the
Haskett Branch Library Project.
123
A 10. Approve the agreement with First American Bankcard, Inc. for the installation,
operation and maintenance of automated teller machines at the Anaheim
Convention Center.
123
A11. RESOLUTION NO. 2003R-58 RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM declaring its official intent to reimburse certain expenditures
from the proceeds of bonds or other obligations.
Council Member Tait abstained on voting on the agreement with Tetra Tech, Inc.
Approve and authorize the Public Utilities General Manager to execute an
agreement with Tetra Tech, Inc., in an amount not to exceed $1,200,000, for the
permitting, design and construction-related services for the proposed Nohl
Canyon tank.
142 A12. ORDINANCE NO. 5853 (ADOPTION) AN ORDINANCE OF THE CITY OF
ANAHEIM adding Chapter 6.41 to Title 6 of the Anaheim Municipal Code relating
to public displays of fireworks and open flame devices (Introduced at the meeting
of March 18, 2003, Item A31 ).
114 A 13. Approve minutes of the Council meeting held February 25, 2003.
END OF CONSENT CALENDAR
- A14.
105-~ -
Consider appointing a citizen to serve on the Budget Advisory Commission to a
term, which will expire June 30, 2004 (Continued from the Council meetings of
February 25.2003, Item A21, March 4,2003, Item A21 and March 18,2003, Item
A30).
Mayor Pringle opened the floor for nominations.
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ANAHEIM CITY COUNCIL MEETING MINUTES
MARCH 25, 2003
PAGE 5
Council Member Tait nominated Harry Sidhu.
Council Member McCracken nominated Lee Nguyen.
Council Member Hernandez nominated Allen Jeffrey.
Hearing no further nominations, Mayor Pringle closed nominations.
Roll call vote on Harry Sidhu: Ayes - 3; Mayor Pringle, Council Members Tait, Chavez.
Noes - 1; Council Member Hernandez. Abstention - 1; Council Member McCracken.
Motion carried.
Roll call vote on Lee Nguyen: Ayes - 1; Council Member McCracken. Noes - 1;
Council Member Hernandez. Abstentions - 3; Mayor Pringle, Council Member Tait and
Chavez. Motion defeated.
Roll call vote on Allen Jeffrey: Ayes - 2; Council Member Hernandez and McCracken.
Noes - O. Abstentions - 3; Mayor Pringle, Council Member Tait and Chavez. Motion
defeated
Harry Sidhu was appointed to the Budget Advisory Commission for a term to expire
June 30, 2004.
A 15. RESOLUTION NO. 2003R-59 RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM (I) approving the issuance of not to exceed $43,000,000
aggregate principal amount of revenue refunding bonds of the Anaheim Public
Financing Authority; (II) approving the forms and authorizing the execution of an
installment purchase agreement, an indenture of trust, an escrow agreement, a
continuing disclosure agreement, a purchase contract and other related
documents; (III) approving the delivery of an official statement; and (IV)
approving certain actions in connection therewith (Series 2003-A Bonds)
Council Member McCracken offered Resolution No. 2003R-59 for adoption, seconded
by Council Member Tail. Roll call vote: Ayes - 5; Mayor Pringle, Council Members Tait,
McCracken, Chavez, Hernandez. Noes - O. Motion carried.
A16. RESOLUTION NO. 2003R-60 RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM (I) approving the issuance of not to exceed $27,000,000
aggregate principal amount of revenue refunding bonds for the Anaheim Public
Financing Authority; (II) approving the forms of and authorizing the execution of
an installment purchase agreement, an indenture of trust, an escrow agreement,
a continuing disclosure agreement, a purchase contract and other related
documents; (III) approving the delivery of an official statement; and (IV)
approving certain actions in connection therewith (Series 2003-B Bonds).
ANAHEIM CITY COUNCIL MEETING MINUTES
MARCH 25, 2003
PAGE 6
Council Member Hernandez moved to approve Resolution No. 2003R-60, seconded by
Council Member McCracken. Roll call vote: Ayes - 5; Mayor Pringle, Council Members
Tait, McCracken, Chavez, Hernandez. Noes - O. Motion carried.
5:30 P.M. Public Hearinas:
179 B1. A public hearing to consider a resolution establishing a new City Council policy
relating to specific time limit on the length of guest occupancy in a hotel or motel
and rescinding any such limit heretofore.
City Attorney, Jack White, noted Council wished to have the item agendized. He said
the item contained two parts, first was to establish a new city policy barring the
imposition of any specific time limit as a condition of approval of any new hotel or motel
in the city, that would limit the length of time occupants would be allowed to stay. The
second part would be to establish a new direction and a new policy that any existing
entitlement, and there were three he said, that now exists that has a time limit for
occupants to stay in a hotel or motel would be rescinded. If it is adopted, he explained,
the matter would go back to the Planning Commission for the three specific motels to
schedule public hearings to consider the deletion of the specific condition. He noted
the three motels were the Executive Suites Motel, the Best Budget Motel and the
Covered Wagon Motel.
May Pringle asked if those were the only motels with that condition and Mr. White
resp nded yes. He explained that in the past there had been five motels with the 30
day Ii it condition added; the Rainbow Inn had the condition removed when they came
into c mpliance with all the deficiencies listed and the other one was the Lincoln Inn,
whic the CUP expired and the city was in litigation with that motel. He noted the
Iitigat on was settled pending some financing that the Council approved a few meetings
ago f r transfer of the property.
Mayo Pringle asked if the motel was able to operate if the conditional use permit
expir d.
Mr. hite responded that they were only able to operate because they were in litigation
wher they were litigating the issue of whether or not the city had the right to impose the
condi ions on the permit that resulted in the expiration.
Coun il Member Tait noted that if the condition does not get removed, the Lincoln Inn
woul be closed down because of the 3D-day rule. He said they probably would re-
apply for a permit.
City ttorney While said that was what would happen, they would apply for a new
condi ional use permit without the 30-day limit.
Coun il Member Chavez asked if there were families living in the Lincoln Inn now and
Mr. hite said he believed that families were living there, that it was occupied.
ANAHEIM CITY COUNCIL MEETING MINUTES
MARCH 25, 2003
PAGE 7
Council Member Chavez asked if there were families living there now, how would the
rescinding of the 30-day rule affect them.
Mr. White said that because the city was in litigation and because their permit was not
currently active, that property would be dealt with when one of two things happen; one,
the Lincoln Inn either changes uses and is sold, or the owner of the property would be
back seeking a new permit to replace the one that expired and in the interim, there
would be no removal of families.
Council Member Tait said his intention, if the restriction was removed by action this
date, would be that it also apply to any motel, including the Lincoln Inn.
Mayor Pringle opened the public hearing.
Paul Bostwick suggested that Council see for themselves the condition of the hotels and
motels in question so that they can make a fair determination. Additionally he asked to
have the CUP's brought back for review. He felt the city needed to work harder to have
affordable housing.
James Reade thanked Council Member Tait for his efforts regarding low-income
housing in the city.
Greg Parkin, owner Covered Wagon Motel, clarified that the motel was operating year
to year on a conditional use permit until a couple of years ago when they appeared for
their renewal when Code Enforcement testified that the property had been inspected
and there were no code violations. At that time, the renewal was changed to five years
and the Council imposed the 30 and gO-day restriction.
Mayor Pringle, hearing no further testimony, closed the public hearing.
Council Member Tait said that he had been to the Covered Wagon Motel and did not
see any violations.
Council Member Tait moved approval of the CEQA finding CATEGORICALLY
EXEMPT, CLASS 1 and approval of Resolution No. 2003R-61, seconded by Council
Member Chavez.
RESOLUTION NO. 2003R-61 RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM adopting a policy prohibiting the imposition of any specific time limitation
on the length of guest occupancy in a hotel or motel and rescinding any such limitation
heretofore imposed in any zoning entitlement.
Council Member Chavez noted that as a firefighter he had been to the Lincoln Inn and
to Mr. Parkin's motel. He said he saw children and people trying to carve out a life for
their families. He felt the city needed to create more affordable housing.
Councilwoman McCracken said that the Planning Commission and Council felt this was
a way to force motel/hotel owners to do some of the things they were supposed to do
ANAHEIM CITY COUNCIL MEETING MINUTES
MARCH 25, 2003
PAGE 8
and if they did not, the condition was a penalty. She felt the Planning Commission and
Council needed tools and that was one that worked for one motel. She mentioned that
many of the hotels/motels were built in the 1950's and were not wired for microwaves
and this created an unsafe condition. She felt that if the motel wanted to be an
apartment, they should convert to apartment standards. She said with the rents that are
paid, people should have a clean and safe place to live, therefore she said she would
vote for the resolution.
Council Member Chavez asked about the process whereby a section 8 applicant waiting
in a shelter, then relocated to a shelter outside of the city, lost their place on the list.
Elisa Stipkovich answered that certificates were issued to people in shelters in the city
and there was a waiting list with a preference for Anaheim residents. If someone
moved out of the city, they would lose the resident priority.
Council Member Chavez said the city should review that policy for people in shelters.
Council Member Hernandez noted HUD laid out the rules and Ms. Stipkovich responded
that was correct, although some priorities could be discretionary on the local level.
Mayor Pringle added that he did not feel the city was doing anything by this added
condition to reduce the requirements to have safe properties through hotels and that
there was any greater degree of safety provided by removing people after 30 days. He
felt the condition was wrong and that it harmed people and needed to be removed. He
mentioned that he supported tools that lived by the health and safety rules established
by the city and state. He commended Council Member Tait for bring the issue forward.
Roll call vote: Ayes - 5; Mayor Pringle, Council Members Tait, McCracken, Chavez and
Hernandez. Noes - O. Motion carried.
Report on Closed Session Actions: None
Council Communications:
Council Member Tait expressed his appreciation of the troops and their courage.
Council Member McCracken noted that employees that were in the reserves, families
and residents of the community that had been deployed were remembered and
supported.
Council Member Chavez said that the Police and Fire Departments were vigilant in
preventing terrorist incidents and should one happen, they were prepared to mitigate it.
Mayor Pringle said that it was important to reassure people that even if there were not
visual signs, the City was taking direct action to be prepared for any incidents. There
ANAHEIM CITY COUNCIL MEETING MINUTES
MARCH 25, 2003
PAGE 9
was a higher state of alert and he commended staff for the higher degree of vigilance,
even if it was not seen.
Council Member Hernandez noted that there was a lot of anxiety in the community with
the possibility of a terrorist attack and emergency services was well trained and would
meet the challenge. Citizens were encouraged to become a Community Emergency
Response Team (CERT) volunteer and could contact the Fire Department for training,
he added.
Adjournment:
There being no further business to come before the City Council, Mayor Pringle
adjourned the meeting at 7:04 P.M.
Respectfully submitted:
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Sheryll Schroeder, CMC
City Clerk