2000/12/19II
ANAHEIM, CALIFORNIA- CITY COUNCIL MEETING
DECEMBER 19, 2000
The City Council of the City of Anaheim met in regular session.
PRESENT: Mayor Tom Daly, Council Members: Lucille Kring, Tom Tait and Shirley
McCracken. ABSENT: Council Member Frank Feldhaus.
STAFF PRESENT: City Manager Jim Ruth, City Attorney Jack White, Assistant City Clerk
Cynthia DanieI-Garcia, Police Lieutenant Charles Chavez, Communications Manager Shelley
McKerren, Community Services Director Chris Jarvi, City Librarian Carol Stone.
A copy of the agenda for the meeting of the Anaheim City Council was posted on December 15,
2000, at the City Hall inside and outside bulletin boards.
Mayor Daly called the regular meeting to order at 3:25 P.M. in the Council Chambers of the
Anaheim City Hall, 200 South Anaheim Boulevard.
WORKSHOP: FALSE ALARM ORDINANCE
City Manager Jim Ruth introduced the False Alarm Ordinance workshop which was presented
by Police Lieutenant Charles Chavez.
Lieutenant Chavez said that this would be a revised False Alarm Ordinance with an escalating
penalty fee structure attached to it. He introduced Communications Manager Shelley McKerren
and noted that it was her staff that did a majority of the research to put the ordinance together.
Lieutanant Chavez gave an overview of the reasons why there was a need to change the
ordinance and he listed some of the benefits that the proposed ordinance would bring. Refer to
the workshop material available in the City Clerk's Office.
Lieutenant Chavez stated that there would be no charge for one through three false alarms in
one year, and for the fourth false alarm and above, there would be a $50 per false alarm per
year. He said that some of the larger companies would even pay up to $200 and $300 per year
because they knew that the Police Department would show up and it was security for the
company. Two officers were always sent out on alarm calls and when it computed out, the cost
was $573,000.
Lieutenant Chavez said that sixty-five percent of the alarms were commercial and thirty-five
percent were residential. He said that the reason the Police Department was asking for the
ordinance change was because a majority of the calls were due to faulty equipment and a large
amount was operator or employee error.
Lieutenant Chavez said that with the new fee structure the Police Department was not looking
for an additional revenue source, but they were looking to take care of the repeat offenders. He
said that one of the benefits that the community would get, was that there would be a 30-day
adjustment period and it did not go against the company as a false alarm response. If the
Police were called and cancelled before arrival, it did not count towards a false alarm, he said.
Thero would be no charge for the first three calls and the fourth and fifth calls had a fee
attached. The Police Department offers a false alarm class where if someone decided to go to
the class, they would not have to pay the fee if it were the fourth or fifth alarm. The concept
behind the ordinance was to target the abusers.
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CITY COUNCIL MINUTES
DECEMBER 19, 2000
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Council Member McCracken asked how the residents and commercial properties would be
notified of the new fee structure and Lieutenant Chavez responded that it could be advertised
and it would be part of the process for new applications.
Mayor Daly asked about the administrative process and Lieutenant Chavez responded that
there was a public service representative in communications and everyday that person reviews
a print-out of all the alarm responses and it would show if it was a repeat call. If it comes to the
fourth or fifth call, a letter would be prepared and sent and it would be billed through the City.
Communications Manager Shelley McKerren commented that the Police Department finance
division billed it.
City Manager Ruth responded to Council Member Kring that the City had had a couple of
instances where there were faulty systems and the Police were out to respond several times.
The homeowners were billed for that, he said. Then once the homeowner notified the City that
it was a faulty system and brought in a certificate showing the City that it had been corrected,
the fees were then waived.
Council Member Tait asked who would get the bill in situations where there was a tenant and a
landlord. Communications Manager Shelley McKerren responded that they would send the bill
to the actual location and whoever was living at that location would be responsible.
Mayor Daly asked if the false alarms were considered calls for service and if they were included
in the monthly and yearly police statistics and Lieutenant Chavez stated that they were and they
were approximately ten percent of the calls for service.
Lieutenant Chavez said that if the proposed ordinance passed, they would then educate the
public as to what a drain it was on police manpower.
Mayor Daly commented that the monthly report received from the Police Department was very
helpful.
City Manager Jim Ruth noted that the false alarm ordinance was Item A24 on the agenda this
date and he concluded the workshop.
WORKSHOP: CENTRAL LIBRARY MASTERPLAN
At 3:55 P.M., City Manager Jim Ruth introduced the Central Library Masterplan workshop which
was presented by Community Services Director Chris Jarvi.
Community Services Director Jarvi noted that on August 15, 2000, staff provided a workshop on
the needs of the Central Library. There was the need for additional library services as driven by
demographic change and population growth and technological change. The Community
Services Division made recommendations to develop a phased approach to expanding the
Central Library facility, he said. At that workshop, Council specifically acknowledged the need
and asked for Community Services to develop some additional alternatives and cost on
rebuilding the site and rebuilding the site across the street in the Redevelopment area, he said.
Community Services Director Jarvi said that the alternatives for action included revitalization
and redevelopment of the Central Library's existing building; knocking down the existing library
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on site and developing a new Centennial Library; developing a Center Street Promenade
Library; and the fourth alternative would be a community learning center concept which would
be a combination of the building across from City Hall West combined with the school district
and possibly the community college district. The existing library building could be used for
certain library administrative uses as well as a cultural center, he said.
David Sunay, a representative of Group Four Architecture, commented that after defining the
services of a contemporary library of the future, Central Library Masterplan would be service
driven. He said that they would look at each of the site options and the budget impact for each
one. He then proceeded with the slide presentation and the workshop material which is
available in the City Clerk's Office.
Mr. Sunay said that the current library was unable to accommodate the needed technologies;
was not fully ADA accessible and less than one third of the overall building was available to the
public for provision of service. He said that the mechanical and electrical systems, while
functioning, were at or near the end of their lives and the shelving was insufficient as well as the
amount of seating. The children's room was too small and lacked appropriate program space
and there was also a lack of group study space, he said.
Mr. Sunay explained that the first option, which was revitalization of the existing building,
suggests that the building would be gutted, leaving the structural shell intact. It would provide
two-stories plus a basement available for library service, he said. He suggested one or two
additions for optimal site utilization. One of the additions would be on the Harbor Boulevard
side and would be the community meeting room, he said, and the new two-story addition would
provide the remaining spaces. There would be 160 spaces left for parking and there was
currently 198 parking spaces.
Council Member Kring believed that with only 160 parking spaces for the first option, there
would be parking problems in the surrounding neighborhoods and she asked why the architects
couldn't go up to a three story building and save parking spaces. Mr. Sunay said that building
for the future would be a great idea and there could be a three-story addition. In terms of the
services, he said, this option would provide strong children and family focus and new, expanded
space would be available sooner and would have an open and accessible design and
convenient parking. In the second option, Mr. Sunay said that all new construction would allow
for optimal design for library service and they would not have to work around the constraints of
the existing structure and there would not be a basement. Mr. Sunay said that there would be a
loss of parking estimated at eighteen spaces and a temporary library would be required. With
options three and four, the library would be located on the corner of Anaheim Boulevard and
Center Street Promenade and would attract down-town residents. Since it would be in close
proximity to the Carnegie Library History Museum, it would have direct link to one-hundred plus
years of library service and Redevelopment funding would be available. There would be
minimal service impact and shared parking would be part of the overall parking strategy. Option
three would be a four-story building, maybe five-story, he said. Option four would have the site
developed into a six to ten story building for sharing with the community college district and the
Anaheim Elementary School District. The existing library building would be revitalized as a
cultural center, he said, and there would be minimal interruption to library service. Mr. Sunay
said the prices shown were for conventional, municipal design and conventional competitive bid
using prevailing wages.
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DECEMBER 19, 2000
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Council Member McCracken asked if the library was placed on Center Street Promenade, would
it be a partnership with the community college district or the elementary school district or both
and Community Services Director Jarvi responded that Community Services had spoken with
the elementary school district and they were very interested in that type of arrangement.
Community Services had also spoken to the community college district to ask them if they were
interested. Director Jarvi stated that City Librarian Carol Stone was actively lobbying the State
to make sure that they do not put criteria in the bond act that would preclude the City from
putting a library in a learning center development.
Council Member Tait asked about cost comparison of the Center Street building and the old
building and Mr. Sunay stated that all of the cost figures excluded land purchase or disposition
opportunities.
Community Services Director Jarvi asked the Council for direction on which option they would
consider and then Community Services would develop the financing options to be able to
achieve the chosen option because part of the financing option may be the sale of the old
library. Community Services would like to have approval from the Council to move ahead with
some of the immediate things that would need to be done. Since they were funded with $2
million right now to be able to rehabilitate the existing building without any major structural
changes, he said.
Council Member Tait said he prefered the two Center Street options depending on what the
costs would be.
Council Member Kring noted she liked the current library site because it had character and
history. She also asked if these would be interim or final improvements and the City Librarian
responded that these would be interim improvements such as moving shelves so that the
second floor could be opened up for public access, as well as new interior walls, carpet and
paint. This would allow the library to open up some space, particularly in the children's area.
City Manager Ruth noted that funds were requested in this year's budget and there was $2
million appropriated for renovations.
City Librarian Stone said that the library could not wait due to overcrowding. She said that they
were trying for a bond grant and that bond grant cycle would begin 2002 for the first cycle and
awards would be made in July 2002. In response to Council Member Tait, she said that by
improving the existing library, it would strengthen their chances of getting a grant since it would
be an investment in the City's library.
Community Services Director Jarvi said if the Center Street Promenade option with the
community college district and the Anaheim Elementary School District were done through
public sector bidding, it would be in the neighborhood of $50 to $60 million with whatever the
added costs of the additional floors would be covered by someone else. Mr. Jarvi said that if it
were a lease/build type of approach, which Community Development Director Elisa Stipkovich
was looking into, they may be able to save by using the bond act to pay down what was owed
so that the payments would be in a reasonable range.
Council Member McCracken said that the Library should do intermediate things right now such
as opening up the second floor, and finding a place for the children. Upon a visit at the library,
at 8:00 P.M. at night, every single computer was being used, she said, and people were waiting
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DECEMBER 19, 2000
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for their turn. She believed that since the library had reached its capacity, whatever temporary
things that had to be done should be done. Council Member McCracken liked the vision of the
high-rise libraries and noted that there were some in Los Angeles and San Francisco.
Mayor Daly asked if $1.5 million was enough to do a good job for the interim improvements and
City Librarian Stone said that this would be strictly interim. It would be a reconfiguration of the
space and refurbishing of the space. It would create a children's story time and a lab and the
improvements would be done in phases. Phase one would be cleaning out the basement and
phase two would be to open up the second floor, she said, and it would be months before the
library would get to the point where they would be looking at expenditures for the front, and at
that time, she hoped that there would be some direction by the Council.
City Manager Ruth said that if Council went for a major rehabilitation of that building, it would
take three to five years before completion and the bond act money was not even available for
two years. He said that if a whole new library was built, the old library could be torn down and
the property could be sold and some of the investment recuperated, or that building could be
maintained for other community purposes.
Mayor Daly requested more detail and a schedule on the interim improvements.
Council Member Tait expressed his interest in the community learning center once again.
Mayor Daly suggested having a liaison committee.
City Manager Jim Ruth concluded the workshop.
ADDITIONS/DELETIONS TO CLOSED SESSION:
None.
PUBLIC COMMENTS - CLOSED SESSION ITEMS:
There were no public comments relative to Closes Session items.
Mayor Daly moved to recess to Closed Session, seconded by Council Member McCracken.
Motion carried unanimously. Council Member Feldhaus absent. The Council recessed to
Closed Session at 4:49 P.M.
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Section 54956.9 of the Government Code)
Name of Case: Vista Royale Homeowners Assn. v. 396 Investment Co. fka The
Fieldstone Company, et al., Orange County Superior Court Case No. 77-30-74
(and related cases).
ANNUAL EMPLOYEE PERFORMANCE EVALUATIONS
Titles: City Manager, City Attorney, City Clerk, City Treasurer
CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54957.6
Agency designated representative: David Hill
Employee organization: Anaheim Municipal Employees Association
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CITY COUNCIL MINUTES
DECEMBER 19, 2000
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CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54957.6
Agency designated representative: David Hill
Employee organization: International Brotherhood of Electrical Workers, Local
47
CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54957.6
Agency designated representative: David Hill
Employee organization: Anaheim Police Association
CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54957.6
Agency designated representative: David Hill
Employee organization: General Truck Drivers Union, Local 952
CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54957.6
Agency designated representative: David Hill
Employee organization: Service Employees International Union, Local 1877
CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54956.8
Property: 640 West Katella Avenue, Anaheim, California.
Agency negotiator: Tom Wood
Negotiating parties: City of Anaheim and Peacock, LLC.
Under negotiation: price and terms
CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54956.8
Property: 3.89 acres of property located at the southwest corner of the I-5
Freeway and Magnolia Avenue, 1211-A Magnolia Avenue, Anaheim, California.
Agency negotiator: James D. Ruth
Ne~lotiatin9 parties: City of Anaheim and Delphi Automotive Systems, LLC.
Under negotiation: price and terms
AFTER RECESS:
Mayor Daly called the regular Council meeting of December 19, 2000, to order at 5:40 P.M. and
welcomed those in attendance.
PRESENT: Mayor Tom Daly, Council Members: Lucille Kring, Tom Tait and Shirley
McCracken.
ABSENT: Council Member Feldhaus
STAFF PRESENT: City Manager Jim Ruth, City Attorney Jack White, City Clerk Sheryll
Schroeder, Planning Director Joel Fick, Zoning Division Manager Greg Hastings, Police
Sergeant Randall West, and Civil Engineer Natalie Meeks.
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CITY COUNCIL MINUTES
DECEMBER 19, 2000
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INVOCATION: Moment of silence.
FLAG SALUTE: Council Member McCracken.
PROCLAMATIONS AND DECLARATIONS:
Recognizing Ed Aghjayan on his retirement from the City of Anaheim.
Mayor Daly commented that Mr. Aghjayan was an innovator in the areas of solar power,
and conservation. He created the Anaheim Advantage program to improve Anaheim
water and power efficiency and led a good will mission to the country of Armenia. Mayor
Daly noted that due to Mr. Aghjayan's diligent efforts, the City received numerous energy
awards during his tenure in Anaheim.
Ed Aghjayan presented the following companies recognition of the new members of
Anaheim Business Partners Program: Alstyle Apparel & Activewear, APW Enclosure
Systems LLC, Boeing, B/E Aerospace ISG, Disney Travel Sales Center, Global Health
Sciences, Lithocraft Company, Meiho Technology, Pacific Sunwear of California, and
Targus, Inc.
At 5:59 P.M., Mayor Daly recessed the City Council meeting until after the Redevelopment
Agency and Anaheim Housing Authority meetings.
Mayor Daly reconvened the City Council meeting at 6:03 P.M.
ADDITIONS/DELETIONS TO THE AGENDA:
There were no additions or deletions to the agenda.
PUBLIC COMMENTS:
Esther Wallace, WAND, requested that the Council pull Item B1. She believed that there were
reasons concerning the property that Alcoholic Beverage Control (ABC) would not give a license
for and only one of those reasons would be needed for ABC not to give a license to the site.
One, she said, would be the 46% crime rate in the area and another would be excess licenses
in the area and there was an elementary school within 600 feet of the gas station.
Miriam Kaywood, asked that Council support the proposed Cultural Plan and said that it should
be given very high priority.
MOTION: Mayor Daly moved to waive reading in full of all ordinances and resolutions,
seconded by Council Member McCracken. Motion carried unanimously. Council Member
Feldhaus absent.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR A1 - A31: On motion by Mayor
Daly, seconded by Council Member McCracken, the following items were approved
unanimously in accordance with the reports, certifications and recommendations furnished each
Council Member and as listed on the Consent Calendar. Item A30 continued to January 9,
2001. Mayor Daly offered Resolutions Nos. 2000R-259 through 2000R-264 for adoption and
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DECEMBER 19, 2000
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Mayor Daly offered Ordinance Nos. 5750 through 5741 for adoption. Motion carried
unanimously. Council Member Feldhaus absent.
Al. Reject certain claims filed against the City.
A2.
Receive and file minutes of the Investment Advisory Commission meeting held
August 15, 2000; minutes of the Anaheim Redevelopment & Housing
Commission meetings held November 1 and November 13, 2000; minutes of the
Anaheim Public Library Board meeting held November 1, 2000; minutes of the
Anaheim Public Utilities Board meeting held November 2, 2000; the Monthly
Financial Analysis presented by the Finance Director for three months ending
September 30, 2000; and the Investment Portfolio Report for the month of
November, 2000, as submitted by the City Treasurer
A3.
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ORDINANCE NO. 5750 (ADOPTION) AN ORDINANCE OF THE CITY
OF ANAHEIM adding Chapter 4.10 to Title 4 of the Anaheim Municipal Code
prohibiting solicitation in the Anaheim Resort Area. (Introduced at City Council
meeting of December 12, 2000, Item A20.)
A4.
ORDINANCE NO. 5751 (ADOPTION) AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF ANAHEIM approving and adopting Amendment
No. 3 to the Redevelopment Plan for the River Valley Redevelopment Project.
(Introduced at City Council meeting of December 12, 2000, Item A39.)
A5.
RESOLUTION NO. 2000R-259 RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM accepting cedain deeds conveying to the City of
Anaheim certain real properties or interests therein (City Deeds 10332 through
10334, 10336, and 10341 through 10343).
A6.
Approve the revised hourly rate schedule for the existing contract with Willdan
Associates.
A7.
RESOLUTION NO. 2000R-260 RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM consenting to the expenditure of funds by the
Anaheim Redevelopment Agency in connection with the provision of public
improvements by the City of Anaheim and making certain findings in conjunction
therewith.
Award a contract to the lowest responsible bidder, Metro Builders & Engineers
Group, Ltd., in the amount of $925,255 for George Washington Park
improvements and approve and authorize the Finance Director to execute an
Escrow Agreement.
A8.
RESOLUTION NO. 2000R-261 RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM declaring its intention to vacate certain public
streets, highways and service easements, and setting a date and time to
consider the abandonment and quitclaim of a portion of that excess right-of-way
formerly known as West Street located adjacent to the southerly right-of-way
at West Place (Abandonment No. 99-1 lA) (Suggested public hearing date:
January 23, 2001).
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A9.
Al0.
A11.
A12.
A13.
A14.
A15.
A16.
A17.
Approve the conveyance by quitclaim of the City's right, title, and interest in the
abandoned area to the abutting property owners subject to approval of the
vacation resolution.
RESOLUTION NO. 2000R-262 RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM declaring its intention to vacate certain public
streets, highways and service easements, and setting a date and time to
consider the abandonment and quitclaim of a triangular-shaped excess right-of-
way parcel located at the terminus of Alro Way (Abandonment No. 00-18A)
(Suggested public hearing date: January 23, 2001).
Approve the quitclaim of the City's right, title, and interest in said excess right-of-
way parcel to the applicant, subject to approval of the vacation resolution.
RESOLUTION NO. 2000R-263 RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM continuing a Disadvantaged Business Enterprise
Program for all projects receiving United States Department of Transportation
funding and establishing a Disadvantaged Business Enterprise goal of ten
percent for the Federal Fiscal Year ending September 30, 2001.
Award a contract to the lowest responsible bidder, Green Giant Landscape, Inc.,
in the amount of $358,517 for a median turf conversion project and approve and
authorize the Finance Director to execute an Escrow Agreement pertaining to
contract retentions.
Approve and authorize the Mayor and City Clerk to execute the Final Map and
Subdivision Agreement of Tract No. 15927 regarding 370 Old Bridge Road.
Accept the Iow bid of Echo Lighting, Inc., in the amount of $60,760 (plus
applicable taxes) for thirty-one light luminaries for City Hall East in accordance
with Bid #6023.
Waive the advertising and bid requirement of City Charter Section 1222
regarding the sale of municipal property in excess of $50,000 and authorize the
trade-in of a police helicopter for the amount of $400,000 to MD Helicopters, Inc.
Accept the Iow bid and authorize the execution of an agreement to International
Services, Inc., beginning February 1, 2001, for crossing guard services in an
amount not to exceed $500,000 for one year with four one-year optional
renewals in accordance with Bid #6071.
Authorize the Purchasing Agent to issue purchase orders in an aggregate
amount not to exceed $800,000 (plus tax) for Motorola 800 MHz radios and
accessories for the Police and Fire Departments.
Accept the Iow bid of Systems Source, Inc., in the amount of $41,701.20 (plus
applicable taxes) for Cartwright furniture in accordance with Bid #6085 for
furniture for the Convention Center.
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A18.
Accept the Iow bid of Hoffman Video Systems in the amount of $111,482.46 (tax
inclusive) for fifty-two audiovisual system components, including LCD video
projectors, wide angle lenses, monitor, screen, VHS player, and installation
materials in accordance with Bid fl-6074.
A19.
Accept the Iow bid of Precision Floor Covering, Inc., in an amount not to exceed
$25,349.50 (tax inclusive) for the removal of existing carpeting and installation of
new carpeting for the Brookhurst Community Center in accordance with
Bid ff6087.
A20.
Accept the Iow bid of George Salinas Tree Preservation in an amount not to
exceed $43,307 (including taxes) for the full trim of six hundred thirty-five trees in
accordance with Bid fl6079.
A21.
Accept the Iow bid of Leonard Chaidez Tree Service in an amount not to exceed
$173,206 (including taxes) for the full trim of approximately four thousand eleven
palm trees in accordance with Bid ¢f-6080.
A22. Accept the Iow bid of Netlink, Ltd., in the amount of $51,000 (plus applicable
taxes) for fifty radios and accessories in accordance with Bid ~095.
A23.
Approve an increase in the mileage reimbursement rate from 32.5 cents to 34.5
cents per mile to match the increase approved by the Internal Revenue Service
for calendar year 2001 in accordance with the Memoranda of Understanding for
the various employee bargaining units.
A24.
ORDINANCE NO. 5752 (INTRODUCTION) AN ORDINANCE OF THE
CITY OF ANAHEIM amending Sections 4.95.010, 4.95.020, 4.95.060, 4.95.070,
4.95.080, and 4.95.160, adding Section 4.95.145 and repealing Section 4.95.130
of Chapter 4.95 of Title 4 of the Anaheim Municipal Code relating to false alarms.
A25.
Extend the current lease agreement with Allan A. Posner for 1,600 square feet of
office space at 1335 South Euclid Avenue for temporary housing of personnel
and equipment for a period of one month and authorize the Fire Chief to approve
additional lease extensions on an as-needed basis until the completion of the
new Euclid Fire Station.
A26.
Extend the current lease agreement with the Anaheim Union High School District
for 9,000 square feet of property on the nodheast corner of the athletic field
located at 1765 Cerritos Avenue for temporary housing of personnel and
equipment for a period of one month and authorize the Fire Chief to approve
additional lease extensions on an as-needed basis until the completion of the
new Euclid Fire Station.
A27.
RESOLUTION NO. 2000R-264 RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM approving the amended records retention schedule
for the Community Services Department, Library Division.
A28.
Approve and authorize the Public Utilities General Manager to execute any
documents associated with an agreement with Patterson and Dewar Engineers,
Inc., in the amount of $139,160 to study the grounding system of the City of
Anaheim's electrical substations.
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DECEMBER 19, 2000
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A29.
Approve and authorize the Public Utilities General Manager to execute an
agreement with GRT & Associates, Inc., as prime contractor, for support and
administration of nine Public Utilities Department Anaheim Advantage Services
Commercial Energy Programs in an amount not to exceed $302,500 for a period
of one year with the option for two consecutive extensions up to one year each.
A30. Adopt Phase I of the proposed Cultural Plan for the City of Anaheim.
Council Member Kring asked that the item be pulled for separate discussion. She explained
that the plan was very comprehensive and she had not had time to review each page. She
asked that the item be continued to January 9, 2001. Council Member Tait seconded her
motion and it was approved unanimously. Council Member Feldhaus absent
A31. Approve minutes of the City Council meeting held November 14, 2000.
END OF CONSENT CALENDAR
OFF CONSENT CALENDAR ITEMS
A32.
Nominate and appoint one Council Member to serve as Mayor Pro Tem for one
year. (Continued from the City Council meeting of December 12, 2000, Item
A36.)
Mayor Daly requested Item A32 be continued to January 9, 2001 due to the absence of Council
Member Feldhaus. Council Member McCracken seconded the motion. Motion carried
unanimously.
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Items B1-B6 from Planning Commission meeting of December 4, 2000: (No action
necessary unless Council desires to set a particular item for public hearing.) APPEAL
PERIOD ENDS DECEMBER 26, 2000:
BI.
CONDITIONAL USE PERMIT NO. 2973
(CUP TRACKING NO. 2000-04270)
AND NEGATIVE DECLARATION
OWNER: Thrifty Oil Company, 13539 Foster Road, Santa Fe Springs, CA 90650.
AGENT: The Regents Group, Attn: David Rose, 420 McKinley Street, Suite 111,
Corona, CA 92879.
LOCATION: 304 South Maqnolia Avenue. Property is 0.52 acres located at the
southeast corner of Broadway and Magnolia Avenue (Arco Gasoline Service
Station and Food Store).
To amend or delete a condition of approval pertaining to the license for the retail
sale of beer and wine for off-premises consumption for a previously-approved
service station with a convenience market.
ACTION TAKEN BY PLANNING COMMISSION:
Conditional Use Permit No. 2973 approved (PC2000-133)(vote: 7-0).
Negative Declaration approved.
Council Member TaR declared a conflict of interest on Item B1 and removed himself from the
dais.
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DECEMBER 19, 2000
PAGE 12
Mayor Daly explained that Council Member Feldhaus had requested that Item B1 be set
for hearing and so moved. After some discussion and an explanation from Greg
Hastings and Police Sergeant Randall West regarding the City's scope of authority
under Alcohol Beverage Control, Council Member McCracken seconded the motion. It
carried by a vote of 3 ayes. Council Member Feldhaus absent, Council Member Tait
abstained.
B2.
WAIVER OF CODE REQUIREMENT
CONDITIONAL USE PERMIT NO. 2000-04282
SPECIMEN TREE REMOVAL PERMIT NO. 2000-00006
AND NEGATIVE DECLARATION
OWNER: Spieker Properties, L. P., Attn: Mitch Ritschel, 19600 Fairchild Road
#285, Irvine, CA 92612.
LOCATION: 150 North Riverview Drive. Property is 4.3 acres located at the
northeast corner of Santa Ana Canyon Road and Riverview Drive.
Conditional Use Permit No. 2000-04282 - To permit and construct a 45-foot high
office building with roof-mounted equipment with waiver of required structural
setback adjacent to a freeway.
Specimen Tree Removal Permit No. 2000-00006 -To permit the removal of 16
trees (4 eucalyptus and 12 pepper trees).
ACTION TAKEN BY PLANNING COMMISSION:
Conditional Use Permit No. 2000-04282 granted (PC2000-134) (vote: 7-0).
Waiver of Code Requirement approved.
Specimen Tree Removal Permit approved.
Negative Declaration approved.
B3.
WAIVER OF CODE REQUIREMENT
CONDITIONAL USE PERMIT NO. 2000-04285
AND NEGATIVE DECLARATION
OWNER: Adams Steel, Attn: Phil Anthony, 3300 East Frontera Road, Anaheim,
CA 928O6.
AGENT: Phil Anthony, 14101 La Pat Place #10, Westminster, CA 92683.
LOCATION: 3400 East Frontera Road. Property is 19 acres located on the south
side of Frontera Road, 1,015 feet east of the centerline of Newkirk Road.
To permit and expand an outdoor steel and lumber storage yard with an accessory
modular building with waiver of (a) minimum landscaped setback adjacent to a
freeway frontage road, (b) maximum number of freestanding signs, and (c)
minimum distance between freestanding signs.
ACTION TAKEN BY PLANNING COMMISSION:
Conditional Use Permit No. 2000-04285 granted, in part, for 5 years (PC2000-135)
(6 yes votes, Commissioner Vanderbilt voted no).
Waiver of Code Requirement denied.
Negative Declaration approved.
Mayor Daly asked if there were any waivers approved as part of the final action on the
tem at the Planning Commission meeting. Zoning Division Manager Greg Hastings said
that there were no waivers and the waivers were in reference to a proposed new sign
which the applicant had deleted prior to the meeting. The freestanding sign would
remain on the property and the portion of the property that was under consideration by
the Planning Commission did not include the building itself, but did include the
CITY OF ANAHEIM
CITY COUNCIL MINUTES
DECEMBER 19, 2000
PAGE 13
freestanding sign, he said. The application was for the expansion of the outdoor steel
storage yard to the east and the former "Pull Your Part" facility was now gone, he said.
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155
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B4.
WAIVER OF CODE REQUIREMENT
CONDITIONAL USE PERMIT NO. 2000-04283
AND CATEGORICAL EXEMPTION-CLASS 1
OWNER: Boon Hoo Yee, et al, 1761 South Harbor Boulevard, Anaheim, CA
92802.
AGENT: Tien H. Chu, 3354 East Colorado Boulevard, Pasadena, CA 91102.
LOCATION: 1761 South Harbor Boulevard. Property is 0.17 acre located on the
west side of Harbor Boulevard, 215 feet north of the centerline of Katella Avenue
(ABC Market).
To permit the modification of an existing legal nonconforming retail building with
waiver of interior structural setback and yard requirements from adjacent interior
lots.
ACTION TAKEN BY PLANNING COMMISSION:
Conditional Use Permit No. 2000-04283 granted (PC2000-136) (6 yes votes,
Commissioner Arnold absent).
Waiver of Code Requirement approved.
Categorical Exemption confirmed.
B5.
ENVIRONMENTAL IMPACT REPORT NO. 319
CODE AMENDMENT NO. 2000-00006
City-initiated (Planning Department), 200 South Anaheim Boulevard #162,
Anaheim, CA 92805, request to amend Title 18 of the Anaheim Municipal Code to
permit new conforming uses on a parcel which contains an existing legal non-
conforming business (which is now prohibited in the BCC (Brookhurst Commercial
Corridor) Overlay Zone), for all properties located within the BCC Overlay Zone.
ACTION TAKEN BY PLANNING COMMISSION:
Environmental Impact Report approved.
Code Amendment was recommended for adoption to City Council.
Mayor Daly offered the Ordinance for introduction and first reading.
ORDINANCE NO. 5753 (INTRODUCTION) AN ORDINANCE OF THE CITY
OF ANAHEIM amending Section 18.55.030 of Chapter 18.55 of Title 18 of the
Anaheim Municipal Code relating to zoning (nonconforming uses).
B6.
CONDITIONAL USE PERMIT NO. 2000-04217
(CUP Tracking No. 2000-04308) -
REQUEST FOR REVIEW AND APPROVAL OF FINAL PLANS
Western States Engineering, 1150 North Richfield Road, Anaheim, CA 92807,
requests review and approval of final landscape, floor, lighting, sign, elevation, and
roof-mounted equipment plans for Conditional Use Permit No. 2000-04217 (to
construct a gasoline service station with accessory convenience market and waiver
of permitted encroachments into required yards, minimum required landscaped
setback adjacent to arterial highways, minimum structural setback adjacent to
interior property lines, and minimum landscape requirements adjacent to interior
property lines). Property is located at 3085 East La Palma Avenue.
CITY OF ANAHEIM
CITY COUNCIL MINUTES
DECEMBER 19, 2000
PAGE 14
ACTION TAKEN BY PLANNING COMMISSION:
Conditional Use Permit approved with stipulations (the floor, lighting, sign,
convenience market elevation, and roof-mounted equipment plans on the basis
that they comply with Code requirements and Condition of Approval Nos. 4, 10 and
21; and, further, approve, in part, the final canopy elevations and final landscape
plans with the stipulation, that (1) the colors used on the fascia panels of the
canopy shall be compatible with the earth tone colors on the convenience market
building elevations and shall be consistent in color on all four sides and that (2)
stepping stones be provided from the public sidewalk to the property as required by
Condition No. 3).
Negative Declaration previously approved.
121
6:00 P.M. PUBLIC HEARINGS:
C1.
To consider a resolution finding and determining the public interest and necessity
to require condemnation of certain real property located at 2099 South State
College Boulevard (PJVV 5363-01, 0lA) for purposes of conducting roadway
improvement in connection with the Orangewood Avenue/State College
Boulevard Project and authorize legal counsel for the City to proceed with said
condemnation action.
Civil Engineer Natalie Meeks gave a brief staff report, noting that this project was part of the
City's general plan and would tie into improvements recently completed on Orangewood as part
of the I-5 widening.
Mayor Daly opened the public hearing.
Michael De Angelo of Palmieri, Tyler, Weiner, Willham, and Waldron, LLP., attorney for the
property owner, Transwestern Investment Company, LLC and Transwestern Commercial
Services, requested Council not adopt the Resolution which would provide compensation to the
owner for not only the property, but for any damages. He said that the City only had temporary
drawings at this time and a final damage figure could not be ascertained until final drawings
were complete.
Mayor Daly closed the public hearing.
Civil Engineer Natalie Meeks noted that the plans were identified as temporary but construction
drawings were in the process of being completed right now. The property owner had been
supplied with the alignment plans and preliminary construction drawings, she said. Ms. Meeks
did not anticipate that the plans would change.
Mayor Daly offered the resolution for adoption.
RESOLUTION NO. 2000R-265 RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING,
FOLLOWING A PUBLIC HEARING, THE PUBLIC INTEREST AND NECESSITY
FOR ACQUIRING AND AUTHORIZING THE CONDEMNATION OF A PORTION
OF CERTAIN REAL PROPERTY AT 2099 SOUTH STATE COLLEGE
BOULEVARD (RNV 5363-01, 0lA).
CITY OF ANAHEIM
CITY COUNCIL MINUTES
DECEMBER 19, 2000
PAGE 15
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121
Roll call vote: Ayes - 4: Mayor Daly and Council Members Kring, Tait and McCracken.
Noes - 0. Council Member Feldhaus absent.
C2.
To consider a resolution finding and determining the public interest and necessity
to require condemnation of certain real property located at 2004 East Lincoln
Avenue (R/W 5198-10)for purposes of conducting roadway improvement in
connection with the Lincoln Avenue/State College Boulevard Improvement
Project and authorize legal counsel for the City to proceed with said
condemnation action.
Mayor Daly opened the public hearing and hearing no testimony, closed the hearing. He
offered the resolution for adoption.
RESOLUTION NO. 2000R-266 RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING,
FOLLOWING A PUBLIC HEARING, THE PUBLIC INTEREST AND NECESSITY
TO REQUIRE CONDEMNATION OF CERTAIN REAL PROPERTY LOCATED
AT 2004 EAST LINCOLN AVENUE.
Roll call vote: Ayes - 4: Mayor Daly and Council Members Kring, TaR and McCracken.
Noes - 0. Council Member Feldhaus absent.
C3.
To consider a resolution finding and determining the public interest and necessity
to require condemnation of certain real property located at 2110 East Katella
Avenue (R/W 5431-2, 2A) for purposes of conducting roadway improvement in
connection with the Katella Avenue Widening Improvement Project and authorize
legal counsel for the City to proceed with said condemnation action.
RESOLUTION NO. - ........ RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM finding and determining, following a public hearing,
the public interest and necessity to require condemnation of certain real property
located at 2110 East Katella Avenue.
Civil Engineer Natalie Meeks noted that staff requested C3 be pulled from the agenda because
they recently received signed documents on the property.
121
C4.
To consider a resolution finding and determining the public interest and necessity
to require condemnation of certain real property located at 2100 East Katella
Avenue (R/W 5431-1) for purposes of conducting roadway improvement in
connection with the Katella Avenue Widening Improvement Project and authorize
legal counsel for the City to proceed with said condemnation action.
Mayor Daly opened the hearing and hearing no testimony, closed the hearing and offered the
resolution for adoption.
RESOLUTION NO. 2000R-267 RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ANAHEIM FINDING AND DETERMINING,
FOLLOWING A PUBLIC HEARING, THE PUBLIC INTEREST AND NECESSITY
CITY OF ANAHEIM
CITY COUNCIL MINUTES
DECEMBER 19, 2000
PAGE 16
FOR ACQUIRING AND AUTHORIZING THE CONDEMNATION OF A PORTION
OF CERTAIN REAL PROPERTY LOCATED AT 2100 EAST KATELLA AVENUE
(R/W 5431-01 ).
Roll call vote: Ayes - 4: Mayor Daly and Council Members Kring, Tait and McCracken.
Noes - 0. Council Member Feldhaus absent.
Report on Closed Session Actions:
City Attorney Jack White reported that there was no repod on Closed Session at this
time. He recommended that at the completion of Council Communications, the Council
recess again to Closed Session to complete their Closed Session agenda. City Attorney
White noted that it was not anticipated that there would be any further report out of
Closed Session.
Council Communications:
Council Member Kring thanked Police Chief Baker and City Manager Ruth for
addressing the parking situation at the post office located at Clementine and Broadway
and she wished everyone a Happy Holiday.
Council Member Tait said that there had been a lot of concern about the supply of power
and he requested a bdefing by the Public Utilities General Manager at the next Council
meeting on the reliability of power, risk of higher rates, and what the risk reduction
strategy would be.
Mayor Daly said that last week, staff recommended that Council eliminate a fee that
funded programs required by the de-regulation act, and because of the City's relatively
strong position in the power market and revenues were healthy, the City was able to
continue funding these programs without the previous fee, he said. He asked if the
City's position in the market relative to the other investor owned utilities would continue
and what were the significant issues to be addressed in a workshop.
City Manager Ruth responded that staff's analysis was, because the City had entered
into long term contracts for power purchase, the City had protected themselves long
term and also had some of their own generation. He said that the City also had
significant reserves built up in the last year as a result of their ability to sell surplus
power to other entities within and outside the State and that reserve would help the City
to maintain the cash flow for the next several years. City Manager Ruth said that the
Federal government could impact the City, but the City had positioned themselves in the
market, reduced the operating costs, were very competitive, and had excellent purchase
power agreements.
Mayor Daly asked if there were any proposals to fix the Edison and PG&E problem that
could be detrimental to Anaheim and City Manager Ruth responded not to his
knowledge. He said that FERC was appointed to take work on those issues. City
Manager Ruth said that the key was to get more of the power plants on line and some
were taken out of commission for environmental issues, some never started construction
and Edison had been required to divest of their power plants and it had put them in a
bad position. He said Edison had to buy power out of state now at a higher cost instead
CITY OF ANAHEIM
CITY COUNCIL MINUTES
DECEMBER 19, 2000
PAGE 17
of maintaining their own power. He believed that the City's interests, and those of the
rate payers, were protected.
Mayor Daly commented that he would like to see an analysis and City Manager Ruth
said that there would be a briefing on the power situation at the meeting of January 9,
2001.
Council Member McCracken wished everyone a happy holiday and she commented on
the 2.85 percent decrease in utility rates as of January 1, 2001.
Mayor Daly moved to recess to Closed Session, seconded by Council Member
McCracken. Motion carried unanimously. Council Member Feldhaus absent.
The Anaheim City Council recessed to Closed Session at 6:44 P.M.
The City Council reconvened in public session at 8:49 P.M.
Report on Closed Session Actions:
City Attorney Jack White reported that the City Council had authorized the Human
Resources Director to declare impasse with the Anaheim Firefighters Association
regarding the issue of the employee health care plans and the amount of the required
employee co-payment for outpatient and physician services. Approved unanimously.
Roll call vote: Ayes - 4: Mayor Daly and Council Members Kring, Tait and McCracken.
Noes - 0. Council Member Feldhaus absent.
Adjournment:
There being no further business to come before the City Council, Mayor Daly adjourned the
meeting at 8:50 P.M.
Respectfully submitted:
Sheryll S~hroeder, CMC/AAE
City Clerk