2004/04/27
ANAHEIM, CALIFORNIA - CITY COUNCIL
REGULAR ADJOURNED MEETING
APRIL 27,2004
The City Council of the City of Anaheim met in regular adjourned session. The Notice of
Adjournment was posted at 3:00 P.M. on April 27, 2004 on the exterior door of the Anaheim
Council Chambers, announcing the adjournment to 3:30 P.M. due to a lack of quorum
PRESENT: Mayor Curt Pringle, Council Members: Shirley McCracken, Bob Hernandez, and
Richard Chavez.
ABSENT: Council Member Tom Tait.
STAFF PRESENT: City Manager David Morgan, City Attorney Jack White, and City Clerk
Sheryll Schroeder.
A copy of the agenda for the meeting of the Anaheim City Council was posted on April 23, 2004
at the City Hall outside bulletin board.
Mayor Pringle called the regular adjourned meeting to order at 3:51 P.M. in the Council
Chambers of the Anaheim City Hall, 200 South Anaheim Boulevard
WORKSHOP:
Air Quality Management District (AQMD)
William Craycraft, representing the cities of Orange County on the AQMD governing board,
informed Council on current policies, programs and accomplishments of AQMD. Touching on
the history of air quality in Southern California, Mr. Craycraft offered insight into the health
issues associated with air pollution and the types of pollution currently affecting the southland.
A 2003 revision to the Air Quality Management Plan (AQMP) detailed the District's plan for
meeting State and Federal clean air standards. Mr. Craycraft indicated one of the concepts
from that plan was for the construction of a truck toll road traveling from the Long Beach I San
Pedro area to the inland empire. The purpose of the plan would take tens of thousands of
trucks off highways, increase truck travel efficiency by placing them on a toll road, and reduce
traffic and air emissions on our highways. In the last 25 years, AQMD had been able to reduce
the number of unhealthful days by 65 percent and lowered toxic air levels by 75 percent;
however, Mr. Craycraft informed the City that mobile sources contribute over 75% of the
emissions in our region with the authority to control mobile sources primarily resting with the
State and Federal government. He noted that any increases in mobile source emissions could
prevent the region from achieving clean air standards.
Mr. Craycraft detailed current AQMD initiatives being offered to local governments and to small
businesses and identified legislation that was available to help fund clean air projects in cities.
He noted AQMD encouraged cities to make clean air a high priority during decision-making
processes and to support legislation for better air quality controls.
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ANAHEIM CITY COUNCIL MEETING MINUTES
APRIL 27,2004
PAGE 2
Council Member Hernandez confirmed AQMD had pursued dialogue with Federal and State
governments addressing mobile source pollution issues.
PUBLIC COMMENTS - CLOSED SESSION: None
Mayor Pringle recessed to closed session at 4:28 P.M. for the following purposes:
1. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Subdivision (a) of
Section 54956.9 of the Government Code
Title: City of Anaheim v. Southern California Edison Company, Orange County
Superior Court Case Nos. 803280 and 01 CC02770.
2. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Subdivision (a) of
Section 54956.9 of the Government Code
Title: Equal Access Association, et al. v. City of Anaheim, et aI., United States District
Court Case No. SACV 021148 JVS(Anx).
AFTER RECESS:
Mayor Pringle called the regular Council meeting of April 27,2004 to order at 5:26 P.M. and
welcomed those in attendance.
INVOCATION:
Pastor Ed Bartel, Sunkist Community Church
FLAG SALUTE:
Council Member Chavez
PRESENTATIONS:
Don Calkins, Assistant General Manager for the Public Utilities Department accepted the
proclamation on Water Awareness Month and commented on its significance for the City.
The Esperanza Aztecs were recognized upon winning the Division 1 Soccer Championship.
RECOGNITIONS (To be presented at a later date):
Proclaiming May 9-15, 2004, as National Women's Health Week.
Proclaiming May 5,2004, as Meals on Wheels Day.
Proclaiming May 2-8, 2004, as Municipal Clerks Week.
ADDITIONSIDELETIONS TO THE AGENDA: None
PUBLIC COMMENTS:
Norma Nowell, representing American Sports Center, provided Council with an update on their
first week of operation.
James Robert Reade commented on Police Department concerns.
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ANAHEIM CITY COUNCIL MEETING MINUTES
APRIL 27, 2004
PAGE 3
John Nguyen informed Council of the Youth in Leadership program with Vice Chairman Alexi of
the program, extending an invitation to Council to attend the first graduation ceremony to be
held on May 26th at the Anaheim Hilton.
Alma Ramirez offered comments relating to freedom of speech issues.
A member of the audience spoke on health issues.
Michael Baker, Executive Director of Anaheim Boys and Girls Club, related the success of their
annual fundraiser held in April, 2004.
CONSENT CALENDAR:
Council Member Chavez removed Item A 16 for separate discussion. Mayor Pringle, with
consent of Council, continued ItemA11 to May 11, 2004 and indicated he would abstain on the
vote for Item A7.
Council Member Hernandez moved approval of Consent Calendar Items A1- A20, seconded by
Councilmember McCracken, to waive reading in full of all ordinances and resolutions and to
approve the following in accordance with the reports, certifications and recommendations
furnished each Council Member and as listed on the Consent Calendar. Roll Call vote: Ayes-
4; Mayor Pringle, Council Members: McCracken, Hernandez, and Chavez. Noes - O.
Absences - 1; Council Member Tait. Motion carried.
118
A1.
117
A2.
160
A3.
160
A4.
160
A5.
159
A6.
Reject certain claims filed against the City.
Receive and file the Investment Portfolio Report for the month of March 2004; minutes of
the Anaheim Public Library Board meeting held March 8, 2004; and minutes of the
Investment Advisory Commission meetings held June 26, 2003 and December 2,2003.
Authorize the issuance of a change order to Kustom Signals, to increase the purchase
order amount by $7,275 plus tax for five radar guns and accessories for the Police
Department, bringing the total amount of the purchase order to $29,100.
Ratify the issuance of a two-year blanket purchase order to Smart Synch, Inc., in an
amount not to exceed $50,000 per year, for electric meter satellite communication
charges for the Public Utilities Department.
Accept the low bid of Itron, Inc., in an amount not to exceed $300,000 (plus applicable
tax and freight), for a two-year period for the purchase of electric real-time meters with
communication capabilities, to be used by the Public Utilities Department in accordance
with Bid #6453.
Award the contract to the lowest responsible bidder Nakae & Associates, Inc., in the
amount of $1,557,432, for a citywide central control computerized irrigation system and
approve and authorize the Finance Director to execute the Escrow Agreement pertaining
to contract retentions.
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ANAHEIM CITY COUNCIL MEETING MINUTES
APRIL 27,2004
PAGE 4
127 A7.
Approve the First Amendment to Agreement with KFM Engineering, Inc., in an amended
total contract amount not to exceed $216,265, for the Imperial Highway Smart Street
Improvements, Phase III, from Santa Ana River Bridge to La Palma Avenue Project.
Mayor Pringle abstained.
158
A8.
123
A9.
123
A10.
175
A11.
Approve the Agreement for Acquisition of Real Property with Grover Escrow
Corporation, in the acquisition payment amount of $38,238.75, for property located at
105 South State College Boulevard for the Lincoln Avenue and State College Boulevard
I ntersection Project.
Approve an agreement with Robert Borders & Associates, in the amount of $168,500, for
architectural services for the East Anaheim Library/Police Department/Community
Center interior remodel.
Approve License Agreements with the Anaheim Family YMCA and Boys and Girls Club
of Anaheim for free use of the Downtown Youth Center facility to offer programs for
youth members of their respective non-profit agencies.
Adopt the positions to guide Anaheim's responses to potential renewable energy
resource requirement standards legislation, including changes to the State's Renewable
Portfolio Standards Program.
Continued to May 11, 2004.
A12. Approve and authorize the Public Utilities General Manager to execute an agreement
with Dahl, Taylor, and Associates, Inc., in the proposed fee amount of $381,469, to
provide engineering and consultant services to design, prepare a construction bid
package for, and manage the construction of proposed transmission and distribution and
telecommunications infrastructure for the new park substation in East Anaheim.
A 13. RESOLUTION NO. 2004-66 RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM authorizing the Fire Chief or his designee to submit a grant
application on behalf of the City of Anaheim to the Office of Domestic Preparedness of
the Department of Homeland Security for the fiscal year 2005 Assistance to Firefighters
Grant Program and if awarded, authorizing the acceptance of such grant on behalf of the
City and amending the budget for fiscal year 2004-05 accordingly.
129
A14. RESOLUTION NO. 2004-67 RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM approving and authorizing an application for funds from the Orange
County Sanitation District's Cooperative Project Program Sewer Flow Monitoring Grant
for the East Anaheim area and authorizing the City Engineer to execute all necessary
documents in connection with such application and subsequent award of funds.
147
A15. RESOLUTION NO. 2004-68 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.1 0750).
158
175
A17. ORDINANCE NO. 5909 (ADOPTION) AN ORDINANCE OF THE CITY OF
ANAHEIM amending Section 10.20.080, 10.20.090 and 10.20.100 and repealing Section
-1'1...
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ANAHEIM CITY COUNCIL MEETING MINUTES
APRIL 27,2004
PAGE 5
10.20.110 of Chapter 10.20 of Title 10 of the Anaheim Municipal Code relating to wells
(Introduced at the Council meeting of April 20, 2004, Item A23).
155
A18.
ORDINANCE NO. 5910 (ADOPTION) AN ORDINANCE OF THE CITY OF
ANAHEIM approving Specific Plan Adjustment NO.4 to the Anaheim Resort Specific
Plan No. 92-2, amending Ordinance No. 5453, as previously amended, and amending
zoning and development standards set forth in Chapter 18.48 of Title 18 of the Anaheim
Municipal Code (Introduced at the Council meeting of April 20, 2004, Item A24).
130
A19.
ORDINANCE NO. 5911 (ADOPTION) AN UNCODIFIED ORDINANCE OF THE
CITY OF ANAHEIM granting a non-exclusive franchise to Anaheim Transportation
Network to provide Resort transportation shuttle service within the Anaheim Resort and
other areas within the City of Anaheim and stating the terms and conditions upon which
said franchise is granted (Introduced at the Council meeting of April 20, 2004, Item B1).
A20. ORDINANCE NO. 5912 (INTRODUCTION) 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. 2003-00111, 802-808 East Broadway, 801
East Santa Ana Street and 409-421 South Vine Street).
END OF CONSENT CALENDAR:
160 A16. ORDINANCE NO. 5907 (ADOPTION) AN ORDINANCE OF THE CITY OF
ANAHEIM amending Chapter 1.04 of Title 1 of the Anaheim Municipal Code to increase
the monetary limitations on the authority of the City Purchasing Agent (Introduced at the
Council meeting of April 20, 2004, Item A21).
After receiving clarification on internet posting of formal bids, Council Member Chavez moved to
adopt Ordinance 5907, seconded by Council Member Hernandez. Roll Call vote: Ayes - 4;
Mayor Pringle, Council Members: McCracken, Hernandez, and Chavez. Noes - O. Absences-
1; Council Member Tait. Motion carried.
105 A21. Consider appointing a member to serve on the Housing and Community Development
Commission, representing the South Neighborhood Council, term to expire June 30,
2006.
With concurrence of Council, Mayor Pringle continued Item A21 to May 11,2004.
PUBLIC HEARING:
B1. CONDITIONAL USE PERMIT NO. 3420
DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO.
2004-00014
AND NEGATIVE DECLARATION:
OWNER: Dong S. Park, 1523 West Katella Avenue, Anaheim, CA 92802
AGENT: Isabel Garcia, La Estrella RestauranUMarket, 718 South Philadelphia Street,
Anaheim, CA 92805
LOCATION: 1523 West Katella Avenue. Property is approximately 0.56 acres,
located at the northeast corner of Katella Avenue and Bayless Street (La Estrella
Market) .
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ANAHEIM CITY COUNCIL MEETING MINUTES
APRIL 27,2004
PAGE 6
Conditional Use Permit No. 3420 - Request to amend or delete conditions of approval
for an existing convenience market and take-out restaurant to permit retail sales of beer
and wine for both on and off-premises consumption.
Determination Of Public Convenience Or Necessity No. 2004-00014 - Request to
permit retail sales of beer and wine for off-premises consumption within an existing
convenience market.
ACTION TAKEN BY THE PLANNING COMMISSION:
Request to amend Conditional Use Permit No. 3420 denied (PC2004-29) (4 yes votes,
Commissioners Flores and O'Connell voted no and Commissioner Romero absent).
Determination of Public Convenience or Necessity No. 2004-00014 denied (PC2004-30).
Negative Declaration previously approved (6 yes votes, Commissioner Romero absent).
Appeal of the Planning Decision submitted by the Agent, Isabel Garcia.
MOTION: CEQA FINDING: NEGATIVE DECLARATION.
RESOLUTION NO.: CONDITIONAL USE PERMIT NO. 3420.
RESOLUTION NO.: DETERMINATION OF PUBLIC OR
CONVENIENCE NO. 2004-00014.
Item 81, Public Hearing for Conditional Use Permit 3420 was continued to May 11, 2004 due to
noticing requirements.
REPORT ON CLOSED SESSION ITEMS: None
COUNCIL COMMUNICATIONS:
Council Member Hernandez noted the passing of the wife of former Mayor Jack Dutton.
Mayor Pringle indicated he had traveled to Washington D.C. for the purpose of discussing
resources for homeland security issues for the City of Anaheim.
ADJOURNMENT:
There being no further business to come before the City Council, Mayor Pringle adjourned the
meeting at 6:08 P.M.
R~/~ctfUIlY subnpted: /
'tI!l ~.~ .It ~L<-,tf -( <ce.t /L
Sheryll ~hroeder, MMC
City Clerk
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