2001/03/06
ANAHEIM, CALIFORNIA - CITY COUNCIL MEETING
MARCH 6, 2001
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 Jim Ruth, City Attorney Jack White, City Clerk Sheryll
Schroeder, Police Chief Roger Baker, Public Utilities General Manager Marcie Edwards, Zoning
Division Manager Greg Hastings and Planning Director Joel Fick.
A copy of the agenda for the meeting of the Anaheim City Council was posted on March 2,
2001, at the City Hall inside and outside bulletin boards.
Mayor Daly called the regular meeting to order at 3:08 P.M. in the Council Chambers of the
Anaheim City Hall, 200 South Anaheim Boulevard.
ADDITIONS/DELETIONS TO CLOSED SESSION:
City Attorney Jack White announced that there was a need to agendize an
additional Closed Session item and that the need arose after the posting of the
agenda. The item was conference with legal counsel - anticipated litigation -
initiation of litigation pursuant to Subdivision (c) of Section 54956.9: Number of
potential cases: three.
Mayor Daly moved to add the anticipated litigation item to the Closed Session agenda,
seconded by Council Member Kring. Motion carried unanimously.
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. The Council recessed to Closed Session at 3:10 P.M.
1. ANNUAL EMPLOYEE PERFORMANCE EVALUATIONS
Title: City Attorney (2000-01 Work Plan)
2. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54957.6
Agency designated representative: David Hill
Employee organization: Anaheim Municipal Employees Association
3. CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION
(Subdivision (a) of Section 54956.9 of the Government Code)
Name of case: Hauk, et al. v. City of Anaheim, Orange County Superior
Court Case No. 80-91-31.
4. CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT
TO GOVERNMENT CODE SECTION 54956.8:
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ANAHEIM CITY COUNCIL
MEETING MINUTES
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PAGE 2
Property: Arrowhead Pond of Anaheim, 2695 E. Katella Avenue,
Anaheim, California
Agency negotiator: James D. Ruth
Negotiating parties: City of Anaheim, Ogden Facility Management
Corporation, and the Vancouver Grizzlies.
Under negotiation: Terms of facility lease.
5. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Initiation of litigation pursuant to Subdivision (c) of Section 54956.9:
Number of potential cases: three.
AFTER RECESS:
Mayor Daly called the regular Council meeting of March 6, 2001, to order at 5:40 P.M. and
welcomed those in attendance.
INVOCATION: Ed Bartel, Sunkist Baptist Church
FLAG SALUTE: Council Member McCracken.
119 PROCLAMATIONS AND DECLARATIONS:
Mayor Daly and Council Members recognized L.E. (Slim) Terrell for his service
on the Parks and Recreation Commission noted that both Slim and Jackie Terrell
were at City hall as volunteers working on important city projects.
Recognitions to be presented at a later date were a proclamation recognizing
March 2001 as Colon Cancer Awareness Month in Anaheim and a certificate of
recognition for Christopher B. Whorton for his service on the Parks and
Recreation Commission.
At 5:48 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 5:53 P.M.
ADDITIONSIDELETIONS TO THE AGENDA:
There were no additions or deletions to the agenda.
PUBLIC COMMENTS:
Mayor Daly requested that comments on Item A 15, Section 4.30 of the Anaheim Municipal
Code, be held until the Council arrived at that item and he then requested other public
comments.
A young man who lived at 100 W. Midway Drive, Space 241, Golden Skies Mobile Home Park,
asked the Council Members if they could do anything to stop the management from harassing
his mother and father and the Mayor responded that the topic had come up in recent weeks and
that there appeared to be some tension between the tenants and the management of the mobile
home park. He said he would ask the Police Chief or the City Manager to comment on the
ANAHEIM CITY COUNCIL
MEETING MINUTES
MARCH 6, 2001
PAGE 3
City's involvement in tenant/landlord disputes. The young man continued to inform the Council
of some of the incidents at the mobile home park.
James Robert Reade, 100 W. Midway Dr. Space #124, Golden Skies Mobile Home Park,
alleged that the manager and her boyfriend had caused grief to the residents and he informed
the Council of several incidents at the mobile home park.
William Kott, 522 Dwyer Drive, spoke regarding the cable company and he asked the Council to
look into another company when the next contract came up so that there would be some
competition in the City and better service, He said also that he had not talked to anyone who
was in favor of the Centerline project and said that there was an Amtrak train that went there
already. Mr. Kott's third comment was that he would like to see water rates go down.
Mayor Daly asked the City Manager's Office to forward a copy of the most recent cable
review/evaluation to Mr. Kott as well as a copy of what the City, under federal law, mayor may
not do to effect the operation of cable TV. He said that there was nothing to prevent other
companies from coming in to serve Anaheim, they would just have to apply.
David Viii, 2242 Della Lane, said that the voters of Anaheim wanted rapid transit and he was in
favor of the Centerline project and that he believed that the citizens were tired of congested
streets, gridlock and air pollution. He asked if the Council had an immediate alternative plan to
light rail and said that it was long overdue and that similar systems had been highly successful
in many metropolitan areas of the country.
Mayor Daly asked the City Manager if he or the Police Chief would like to comment on the
Golden Skies Mobile Home Park subject and City Manager Ruth commented that staff had been
very much involved. He said that the Police Department had responded on numerous
occasions, attempted to mediate and bring in outside mediation to assist with the problem. He
said the Police Chief would give Council more specific information in terms of the City's
relationship and what was attempted to resolve the problem. Mr. Ruth said that these were civil
matters and the police were limited as to what they could do.
Police Chief Roger Baker said that the Police Department had and continued to respond to calls
for service at the Golden Skies Mobile Home Park, many of the calls received were
tenant/landlord disputes. Where there had been allegations of criminal activity or criminal
conduct, he informed the Police Department had investigated to the conclusion and taken
appropriate action. He said that this was basically a landlord/tenant dispute Issue and the
Police Department was trying to get to the root of the problem and get it resolved. The Police
Department had been in touch with the attorneys involved and had made numerous suggestions
to the attorneys for the tenants and management, including mediation. The Police Department
had the ability to provide mediation service and he informed that they had offered that service
and hoped that everyone would take the offer and work with the Police Department. Chief
Baker said that the Department would remain close to the residents and respond to calls for
service and that the Department would handle each issue as it came up and he believed that
mediation was the best method.
Council Member Feldhaus mentioned that there was a Fair Housing Council and that Mr. Reade
may want to contact them for information. Chief Baker said that the Police Department would
certainly work with Mr. Reade on that suggestion also.
Mayor Daly moved to waive reading in full of all ordinances and resolutions, seconded by
Council Member McCracken. Motion carried unanimously.
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ANAHEIM CITY COUNCIL
MEETING MINUTES
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PAGE 4
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR A1 - A12: On motion by Mayor
Daly, seconded by Council Member McCracken, the following items were approved in
accordance with the reports, certifications and recommendations furnished each Council
Member and as listed on the Consent Calendar, except Item A7, which was continued to March
20, 2001. Mayor Daly offered Resolutions Nos. 2001 R- 55 through 2001 R-61, both inclusive,
for adoption. Mayor Daly offered Ordinance No. 5755 for adoption. Motion carried
unanimously.
105
156
A1.
A2.
176
A3.
179
A4.
139
A5.
153
153
A6.
Receive and file minutes of the Anaheim Redevelopment and Housing Commission
meeting held February 7, 2001; the Anaheim Police Department Crime and Clearance
Analysis for the month of January 2001 and minutes of the Public Utilities Board meeting
held January 4, 2001.
RESOLUTION NO. 2001 R-55 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 of a portion
of Sequoia Street right of way, seven feet in width, lying adjacent to property locate at
2200 Sequoia Street (Abandonment No. 2000-25). (Suggested public hearing date:
April 17, 2001, at 6:00 P.M.)
ORDINANCE NO. 5755 (REVISED/ADOPTION) AN ORDINANCE OF THE
CITY OF ANAHEIM amending the definitions of "hotel" and "motel" as set forth in
Sections 18.01.090 and 18.01.140 of Title 1 of the Anaheim Municipal Code.
(Introduced at the meeting of February 6, 2001, Item A 10; continued from the meeting of
February 13, 2001, Item A18; revised introduction February 27, 2001, Item A12.)
Oppose SB 116 (Kuehl) which would prohibit the construction of any public road through
any property under the jurisdiction of the Department of Parks and Recreation.
RESOLUTION NO. 2001 R-56 RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM amending Resolution No. 92R-17 adopting Personnel Rules
applicable to employees in management, confidential and non-represented part-time
classifications.
RESOLUTION NO. 2001 R-57 RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM adjusting fates of compensation and establishing pay policies for
classifications designated as confidential and superseding Resolution No. 98R-13 and
amendments thereto.
A7. RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM amending Resolution No. 2000R-122 which established rates of
compensation for job classifications designated as Executive Management.
...,... - --
RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM amending Resolutions No. 2000R-123, 2000R-124 and 2000R-125
and 2000R-126 which established rates of compensation for job classifications
designated as Administrative, Middle Management, Professional and Supervisory.
ANAHEIM CITY COUNCIL
MEETING MINUTES
MARCH 6, 2001
PAGE 5
RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM amending Resolution No. 2000R-130 which established
compensation policies for Executive, Administrative, Middle Management, Professional,
Supervisory, Fire and Police Safety Management job classifications.
Council Member Tait requested a continuance on Item A7 to the next meeting, seconded by
Mayor Daly. Motion carried unanimously.
153
A8.
RESOLUTION NO. 2001R-58 RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM giving notice of its intention to approve an amendment to the
contract between the Board of Administration of the California Public Employees'
Retirement System and the City of Anaheim.
ORDINANCE NO. 5757 (INTRODUCTION) AN UNCODIFIED ORDINANCE OF
THE CITY OF ANAHEIM authorizing an amendment to the contract between the City of
Anaheim and the Board of Administration of the California Public Employees' Retirement
System.
153
A9.
RESOLUTION NO. 2001 R-59 RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM adopting a Memorandum of Understanding establishing terms and
conditions of employment for employees in classifications assigned to the Clerical
Employees Unit Represented by the Anaheim Municipal Employees Association.
RESOLUTION NO. 2001 R-60 RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM adopting a Memorandum of Understanding establishing terms and
conditions of employment for employees in classifications assigned to the General
Employees Unit represented by the Anaheim Municipal Employees Association.
A 10. RESOLUTION NO. 2001 R-61 RESOLUTION OF THE CITY COUNCIL OF THE
175 CITY OF ANAHEIM amending rates, rules and regulations for the sale and distribution of
electricity as adopted by Resolution No. 71 RA78 and most recently amended by
Resolution No. 2000R-256.
Council Member Tait requested a brief discussion by the Public Utilities Director on the reasons
behind the request.
Public Utility General Manager Marcie Edwards gave Council a brief overview. She said that in
a number of town hall meetings over the last month, she discussed with the residents some of
the notable changes in the electric industry overall, as well as the potential effects on Anaheim.
The Utility Department also introduced the concept of the power cost adjustment and why the
activation might be recommended to Council. The General Manager briefly summarized both
the need for, and the facts behind, the power cost adjustment. She briefly clarified that a power
cost adjustment factor allowed the utility to collect an additional amount from customers of the
cost of wholesale power purchases when those purchases cost more on a wholesale basis than
what was collected in utility retail rates. Anaheim either owned or had long term rights to about
80% of the electricity that their customers required and approximately 20% of those needs were
met by buying energy on the wholesale market. The purchase of that 20% was projected to
cost $19 million more than what the City was collecting, she said. That was the reason for
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ANAHEIM CITY COUNCIL
MEETING MINUTES
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PAGE 6
asking for a power cost adjustment and that would result with the City's customers providing
approximately $10 million of that $19 million expenditure for power, she noted. The General
Manager explained that the average residential customer would see an increase of about $2.50
for a two month billing cycle or approximately $1.25 a month. After the program was
implemented, the rates would still be 20% to 30%, and perhaps 40%. under surrounding areas.
She advised the Council that lifeline use was exempt from the power cost adjustment and that
every single Anaheim resident had lifeline usage on their bill. There were approximately 240
kilowatts per month allocated or 480 kilowatt hours for a two-month billing cycle, she said. The
lifeline energy was not only exempt from the power cost adjustment but also charged on a
significantly reduced rate. In addition, she said that all energy used by residents for life support
equipment was also exempt.
She explained that the reason why staff was asking for the power cost adjustment at this time
was because the City could continue to draw upon utility cash reserves and in fact, the City had
managed much of the industry's upheaval and high wholesale prices over the last year using
cash reserves. However, she said, Utilities had experienced two large unplanned and
unavoidable reductions in the City's firm generation supply thus far this year and had to go to
the wholesale market and spend a significant amount of money to buy energy to cover those
reductions. She said that unfortunately Utilities had experienced those generation supply losses
after moving ahead with the 3% rate decrease. She expressed her concerned about going into
the summer with minimal cash reserves on hand because in a volatile wholesale market, the
amount that could be paid on a spot loss, meaning that if the City lost a generation supply
during the summer months, it could easily amount to $4 to $5 million per week of that loss. The
Public Utilities General Manager said she wanted to be able to enter the summer keeping the
City's reserves high and that was the logic behind implementing the power cost adjustment
factor. The intent was to keep the reserves up, she said and she informed the Council that she
would continue the Town Hall meetings. She said that also for the last few days she had had a
number of the customer calls referred directly to her office and had been talking to the residents
so that they could keep the scope of the implications under control. She said that the majority of
the residents who had called her and given her the amount of their bill would experience an
increase in their bill in the 30% to 40% range per month of an overall bill increase.
Council Member Tait asked the Public Utilities General Manager if she would return to Council
with a request to decrease rates if wholesale prices stabilized and dropped in the future. She
responded that the power cost adjustment allowed her to ask for those dollars if she was forced
to pay inordinately high prices on the wholesale market. To the extent that they dropped, she
could only use the dollars for that, she said. If she did not have that expenditure, the power cost
adjustment would automatically drop and to the extent that there was any money left in that fund
and there was no additional power cost to pay for. it automatically reversed direction and
rebated the customer.
Council Member McCracken noted that the City was owed millions of dollars from other
agencies and she asked if it would make a difference in this adjustment as well if that money
was paid and the Public Utilities General Manager said that it certainly could. She projected
across the balance of the year and said that not being able to recoup those funds in short order
effected cash flow. Over and above that, she said, there was an additional $19 million power
expenditure. However, if those dollars came in and the utility did not experience an additional
disruption or loss of supply across the summer months, she could sell more on the off hours, in
addition to a number of factors that could reduce the need for the power cost adjustment.
ANAHEIM CITY COUNCIL
MEETING MINUTES
MARCH 6, 2001
PAGE 7
A 11. Approve and authorize the Public Utilities General Manager to execute a Planning
123 Agreement with Southern California Public Power Authority to allow the City to
participate in the planning phase of the City of Burbank's proposed combined cycle
generating unit addition at a cost not to exceed $1,500,000 and authorize the Public
Utilities General Manager to expend up to $4,200,000 for the preconstruction costs for
the City's share of the acquisition of the turbine in accordance with the terms of the
Planning Agreement.
Mayor Daly noted that Anaheim would spend well over $5 million in pre-construction costs and
he commented that there was a staff report that detailed some of those costs. He asked for
clarification on the staff report and asked that if the project did not happen or if the City decided
to pullout, would the City get the $5 million back and Public Utilities General Manager Edwards
said that that was correct.
Mayor Daly asked Ms. Edwards when she expected to know if the project was a go or no go
and she said that decision was expected approximately in October and it would be brought back
to Council for approval.
Mayor Daly believed that the recommendation to work with Burbank was a wonderful idea and
was very timely. He asked for ongoing reports from the City Manager's Office to be brought to
Council between now and October on the spend down of the $5 million. Mayor Daly asked what
some of the opportunities were to spend less than $5.5 million and voiced his concerned that
the projected ratio of City cost versus the overall project and pre-planning costs did not match
up.
Public Utilities General Manager Edwards said that the City was still in the process of evaluating
either a 50 or 75 mega watt share of the project and there was some movement in terms of the
planning costs. She said that was why the Public Utilities Department was asking for the
authorization to sign subsequently and the costs may potentially be less, it was a not to exceed
cost at this point. She added that in fact the costs could be capitalized in the overall financing
for the project so it was not the implication to cash that it might appear.
Mayor Daly asked if the City's share of the expenses would be $1 to $1.5 million and Ms.
Edwards responded that that would be correct. That was actually a form of pre-construction
costs and it was expected that all of the utilities would have to put in money toward the
reservation of the turbine, which was the high dollar item in any development of a steam
generating facility. The City needed to get in line for the generating facility and the push to
develop was significant so those costs would be expended more up front.
Mayor Daly asked if the licensing fees and environmental assessment accounted for over half of
the total expenses and Ms. Edwards responded that she believed that it would be half of the 1.5
million portion and the subsequent dollars had to do with the turbine. She said that the Utility
Department also had a number of other options that they would be bringing to Council but given
the low growth of the current facility and the fact that this one was far enough along in terms of
sighting and infrastructure, a lot of the roadblocks had passed.
Mayor Daly requested that Public Utilities bring to Council a line item breakdown of how the
$5.5 million dollars would be spent and he asked that, as part of the approval of the item, that
Council receive periodic reports on the City's costs, since they were authorizing Utilities to
spend that much money.
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ANAHEIM CITY COUNCIL
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PAGE 8
General Manager Edwards responded affirmatively.
Council Member McCracken asked what the advantage was to the City to be involved with the
City of Burbank.
Ms. Edwards responded there were a couple of noticeable advantages, the largest was that it
was being built by a consortium of municipal agencies that had similar government structures,
approval processes, tax and financing related issues so there was not the complexities of
establishing public/private partnerships. Additionally, she noted, the site itself had an old de-
commissioned unit on it so much of the advance work that needed to be done on site licensing
was complete. In addition much of the water and infrastructure was already there, the
operations personnel were already there, and it was substantially along in the timeline, she
explained. It was physically located closer to Anaheim than many of the projects which were
located in Utah or New Mexico area and there was a lessened amount of transmission risk in
having lines come down or congestion cause the City to not be able to access their resources.
114 A12. Approve minutes of the Anaheim City Council meeting held February 27,2001.
END OF CONSENT CALENDAR
OFF CONSENT CALENDAR ITEMS
114
A 13. Nominate and appoint one Council Member to serve as Mayor Pro Tem for one year.
(Continued from meetings of December 12, 2000, Item A32, December 19, 2000, Item
A36, January 9, 2001, Item A27, January 23, 2001, Item A44, February 6, 2001,
Item A 19, February 13, 2001, Item A22 and February 27, 2001, Item A22.)
Mayor Daly noted that Council Member McCracken had been serving as Mayor Pro Tem for
recent months and he nominated her to serve the remainder of the year as Mayor Pro Tem.
Council Member Kring nominated Council Member Tait.
Mayor Daly called for other nominations and hearing none, moved to close the nominations,
seconded by Council Member McCracken. Motion carried unanimously.
Roll call vote on the nomination of Council Member McCracken for Mayor Pro Tem; Ayes - 3;
Council Members Feldhaus, McCracken, Mayor Daly. Noes - 1; Council Member Tail.
Abstention - 1; Council Member Kring. Motion carried.
Roll call vote on the nomination of Council Member Tait for Mayor Pro Tem; Ayes - 2; Council
Members Kring and Tait. Noes - 2; Council Members Feldhaus, McCracken. Abstentions - 1;
Mayor Daly.
Mayor Daly announced that Council Member McCracken would continue to be the Mayor Pro
Tem for the remainder of the year and that the item would then come up in it's usual sequence
at the end of this year.
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ANAHEIM CITY COUNCIL
MEETING MINUTES
MARCH 6, 2001
PAGE 9
105
A 14. Nominate and appoint a member to the Anaheim Housing and Redevelopment
Commission to fill the unexpired term of Thomas Holguin, term to expire June 30, 2004.
(Continued from the meetings of January 23, 2001, Item A42, February 6, 2001, Item
A21, February 13, 2001, Item A24 and February 27, 2001, Item A24.)
Mayor Daly called for nominations for the Anaheim Housing and Redevelopment Commission
and Council member McCracken nominated Joseph Karaki.
Council Member Kring nominated James Bandy.
Mayor Daly nominated Lee Howard
Council Member Tait nominated Bobby McDonald.
Mayor Daly called for any other nominations and hearing none, he closed the nominations.
Roll call vote on Joseph Karaki; Ayes - 1; Council Member McCracken. Noes - 1; Council
Member Tait. Abstentions - 3; Council Members Feldhaus, Kring and Mayor Daly.
Roll call vote on James Bandy; Ayes - 2; Council Members Feldhaus and Kring. Noes - 2;
Council Members McCracken and Tait. Abstentions - 1; Mayor Daly.
Roll call vote on Lee Howard; Ayes - 2;Council Member McCracken and Mayor Daly. Noes - 1;
Council member Tait. Abstention - 2; Council Members Feldhaus and Kring.
Roll cali vote on Bobby McDonald; Ayes - 3; Council Members Feldhaus, Kring and Tait. Noes
- 1; Council Member McCracken. Abstentions - 1; Mayor Daly.
Mayor Daly announced that Mr. Bobby McDonald was appointed to the Anaheim Housing and
Redevelopment Commission and he thanked the other citizens for their willingness to serve.
A15. Discussion requested by Council Member Tait at the February 27,2001 Council Meeting
142 regarding the repeal of Chapter 4.30 of the Anaheim Municipal Code regarding
identification cards for certain employment activities.
Council Member Tait informed that the item was brought to his attention by the hotel restaurant
workers union. The purpose of the Code was to check ID's for individuals who worked in those
industries and he said he believed it was unconstitutional. He said he did not understand the
purpose, adding that he did not think there was a legitimate purpose behind it and for that
reason he asked that the ordinance be repealed in it's entirety.
Mayor Daly explained that procedure to adopt an ordinance.
City Manager Ruth explained that staff had met as directed by Council to review the ordinance
and absolutely agreed that there were several sections of the ordinance which were very
problematic and staff felt that trying to salvage any portion of it was not appropriate and
recommended unanimously that the entire ordinance be repealed. He noted that the City
Attorney had prepared a substitute ordinance for introduction and staff supported that
recommendation.
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ANAHEIM CITY COUNCIL
MEETING MINUTES
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PAGE 10
Council Member Tait moved for introduction and first reading of Ordinance No. 5758, seconded
by Council Member Kring.
ORDINANCE NO. 5758 (INTRODUCTION) AN ORDINANCE OF THE CITY OF ANAHEIM
repealing Chapter 4.30 of Title 4 of the Anaheim Municipal Code relating to identification cards.
Mayor Daly explained that the final vote would be at the next meeting, March 20, 2001. He
clarified that it was state law that mandated that ordinances were not effective until 30 days but
noted that since last Tuesday the ordinance had not been enforced at the direction of the
Council. He said there were a number of citizens who filled out speaker cards and wanted to
speak on the item and he welcomed them to the meeting.
Mary Ann Mahoney stated that on behalf of the thousand or so other members, who could not
be in attendance, they wished to voice their appreciation for the expedited manner in
researching the issue. She said by acting on the matter so promptly it sent a message to the
workers in the community that the City did appreciate their part in making Anaheim what it was.
Arlene Mejia noted she had received a citation about three years ago for not having an ID card
and she asked if there was a process to remove it from her record. She also asked if there
were any plans to purge the records of the fingerprints, photos and original applications.
City Attorney White responded that they would be in contact with the speaker.
Council Member McCracken noted that the City Attorney had been instructed to review all
ordinances, noting that the City was almost 150 years old and ordinances placed on the books
had not been reviewed.
Items 81 throuQh B6 From the PlanninQ Commission MeetinQ of
February 12. 2001: (No action necessary unless Council desires to set a particular item for
public hearing.) APPEAL PERIOD ENDS MARCH 6, 2001:
Mayor Daly asked Planning Director Fick if the actions of the Planning Commission were
consistent with the department's recommendations and Mr. Fick responded that they were.
No items were set for hearing.
179 B1. WAIVER OF CODE REQUIREMENT
CONDITIONAL USE PERMIT NO. 2910
AND NEGATIVE DECLARATION:
OWNER: Asmail and Mahin Rastegari, Attn: Mahin Sophia Rastegari, P. O. Box 3465,
Fullerton, CA 92834
LOCATION: 1108 North Acacia Street. Property is 0.34 acre located on the east side of
Acacia Street, 525 feet south of the centerline of Romneya Drive (Montessori Child Care
Center).
To permit an expansion and increase in enrollment of an existing preSChool facility with
waiver of (a) institutional setback adjacent to a residential zone (de/eted), (b) minimum
number of parking spaces and (c) permitted encroachments into required yards.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 2910 denied (PC2001-20) (6 yes votes, Commissioner Bostwick absent).
Denied waiver of code requirement.
Approved Negative Declaration.
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ANAHEIM CITY COUNCIL
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PAGE 11
179
B2.
179
B3.
179
VARIANCE NO. 2000-04404. CATEGORICALLY EXEMPT-CLASS 11:
OWNER: Watt Commercial Companies Inc., 2716 Ocean Park Boulevard, #3040, Santa
Monica, CA 90405-5218
AGENT: San Pedro Electric Sign Company, 701 Lakme Avenue, Wilmington, CA 90744
LOCATION: 5729-5799 East La Palma Avenue. Property is 9.9 acres located north and
east of the northeast corner of Imperial Highway and La Palma Avenue (Canyon Village
Plaza).
Waiver of prohibited signs to construct roof-mounted signs on a new parapet building
wall.
ACTION TAKEN BY THE PLANNING COMMISSION:
Withdrawn by the applicant.
WAIVER OF CODE REQUIREMENT
CONDITIONAL USE PERMIT NO. 2000-04289
AND NEGATIVE DECLARATION:
OWNER: Sanwa Bank, Attn: Stan Olson, 601 South Figueroa Street, W11-4, Los
Angeles, CA 90017
AGENT: West Coast Islamic Society, Attn: Abdel-Jabbar Hawdan, 708 North Valley
Street, #T, Anaheim, CA 92801
LOCATION: 1717 South Brookhurst Street. Property is 1.97 acres located at the
southwest corner of Crestwood Lane and Brookhurst Street.
To permit a religious and cultural education center with waiver of (a) required setback for
institutional uses adjacent to residential zones (deleted), and (b) minimum number of
parking spaces (deleted),
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 2000-04289 granted in part, without a time limitation (PC2001-21) ((6 yes
votes, Commissioner Bostwick absent).
Denied waiver of code requirement.
Approved Negative Declaration.
84.
VARIANCE NO. 447. CATEGORICALLY EXEMPT - CLASS 1:
OWNER: Cesar Gonzales and Wayne Cheung, 300 South East Street, Anaheim, CA
92805
AGENT: Steven Lazerson, 13854 East Whittier Blvd. Whittier, CA 90605
LOCATION: 300 South East Street and 1200 East Broadwav. Property is 0.44 acre
located at the southeast corner of Broadway and East Street (Anaheim Service Station).
Request reinstatement of this permit by the modification or deletion of a condition of
approval pertaining to a time limitation (to expire on March 16, 2001) to retain an existing
gasoline service station.
ACTION TAKEN BY THE PLANNING COMMISSION:
Approved reinstatement of Variance 447 for three years, to expire March 16, 2004, to
retain an existing gasoline service station with accessory automotive repair (PC2001-22)
(6 yes votes, Commissioner Bostwick absent).
REPORT AND RECOMMENDATION ITEMS:
B5. CONDITIONAL USE PERMIT NO. 4100
179 REQUEST FOR RETROACTIVE EXTENSION OF TIME AND OF FINAL
LANDSCAPE PLANS AND NEGATIVE DECLARATION:
,.._....e.._..~-"""'!r'"""..._,._.. ~--~~_...._"
179
170
179
ANAHEIM CITY COUNCIL
MEETING MINUTES
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PAGE 12
Mark Schidler, 20880 Little Canyon Lane, Yorba Linda, CA 92886, requests a retroactive
extension of time to comply with conditions of approval and review and approval of final
landscape plans for a service station and auto care complex. Property is located at 905-
985 North Weir Canyon Road.
ACTION TAKEN BY THE PLANNING COMMISSION:
Approved retroactive extension of time to expire August 16, 2002, and approved final
landscape plans (6 yes votes, Commissioner Bostwick absent).
B6. CODE AMENDMENT NO. (ZCA) 2001-00008
CATEGORICALLY EXEMPT - SECTION 15061 (bH3):
City-initiated (Planning Department), 200 South Anaheim Boulevard, Anaheim, CA
92805, City-initiated amendment to Sections 18.01.090 and 18.01.140 of the Anaheim
Municipal Code pertaining to definitions of "hotel" and "motel".
ACTION TAKEN BY THE PLANNING COMMISSION:
Recommended an ordinance amending Sections 18.01.090 and 18.01.140 of the
Anaheim Municipal Code pertaining to definitions of "hotel" and "motel" with the revisions
recommended by the Commission.
Item B7 From the Plannina Commission Meetina of Februarv 26. 2001: (No action
necessary unless Council desires to set a particular item for public hearing.) APPEAL PERIOD
ENDS MARCH 8, 2001:
B7. TENTATIVE TRACT MAP NO. 14429
AND MITIGATED NEGATIVE DECLARATION:
OWNER: Edand Linda Stern; Gary F. and Donna Lee Lyons; Fred and Lorio Glastetter,
Christa Glastetter; A.C. Plastering, Inc.; Gemini Plastering Co. Inc.; 617 South Brichleaf
Drive, Anaheim, CA 92804
AGENT: Henning Way, LLC, Attn: Thom Falcon, 1124 Main Street, Suite D, Irvine, CA
92614
LOCATION: 300 block of Henninq Way. Property is approximately 8.4 acres located on
the west side of Henning Way, 350 feet southwest of the centerline of Quintana Drive.
Request amendment or deletion of conditions of approval pertaining to required private
street improvements for a previously-approved 6-lot single-family residential subdivision.
ACTION TAKEN BY THE PLANNING COMMISSION:
Amended conditions of approval for Tentative Tract Map No. 14429.
Mitigated Negative Declaration previously approved.
Items B8 throuah B13 From the Zonina Administrator Meetina of Februarv
22. 2001: (No action necessary unless Council desires to set a particular item for
public hearing.) APPEAL PERIOD ENDS MARCH 7, 2001:
B8. ADMINISTRATIVE ADJUSTMENT NO. 2001-00209
CATEGORICALLY EXEMPT - CLASS 3:
OWNER: Jose R. Ortiz, 1307 W. Beacon Ave. Anaheim, Ca. 92802
LOCATION: 1307 West Beacon Avenue: Property is 0.15 acre, having a frontage of
60 feet on the north side of Beacon Avenue, having a maximum depth of 110
feet, located 440 feet west of the centerline of Walnut Street.
Waiver of maximum fence height (3 feet high permitted; 4 feet high proposed) to
retain an existing four (4) foot high masonry and brick fence within the residential
...,...
179
179
179
179
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ANAHEIM CITY COUNCIL
MEETING MINUTES
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PAGE 13
front yard setback of a single- family residence in the RS-7200 (Residential,
Single-Family) Zone.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Administrative Adjustment No. 2001-00209 approved (ZA DECISION NO. 2001-8).
89. SPECIAL CIRCUMSTANCES WAIVER NO. 2001-00009
CATEGORICALLY EXEMPTION - CLASS 11:
OWNER: Walt Disney World Corporation, 1375 Buena Vista Drive, Lake Buena Vista,
Florida 32830
AGENT: Walt Disney Imagineering, John Graves, 888 South Disneyland Drive,
Anaheim, CA 92802
LOCATION: The Disneyland Resort Specific Plan No. 92-1 Parking District (West
Parking Area) and Hotel District setback areas adjacent to the north and south sides of
Magic Way between Walnut Street to the west and Disneyland Drive to the east.
The Walt Disney World Company has submitted a request for approval of a Special
Circumstances Waiver to permit the issuance of nine Special Event Permits, in addition
to the four permitted by Code, for a total of thirteen Special Event Permits during the
2001 Calendar year to, allow pedestrian directional signs to be located in the setback
areas adjacent to the north and south sides of Magic Way from March 16, 2001 through
June 5, 2001.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Special Circumstances Waiver No. 2001-00009 approved.
B10. SPECIAL CIRCUMSTANCES WAIVER NO. 2001-00006
CATEGORICALLY EXEMPT - CLASS 11:
OWNER: MILLS FORD, AUn: Joseph Perri, General Sales Manager, 1600 West Lincoln
Avenue, Anaheim, CA. 92803
LOCATION: 1600 West Lincoln Avenue: Property is 5.22 acres, located at the southwest
corner of Lincoln Avenue and Loara Street.
Request for a special circumstances waiver to retain nineteen (19) pageantry style
banners mounted on light poles in conjunction with an automobile dealership.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Special Circumstances Waiver No. 2001-00006 denied.
B11. ADMINISTRATIVE ADJUSTMENT NO. 2000-00206
CATEGORICALLY EXEMPT - CLASS 1:
OWNER: Richard W. and Marjorie J. Hudson, 226 S. Nutwood Street, Anaheim, CA.
92804
LOCATION: 226 South Nutwood Street: Property is 0.14 acre, having a frontage of 60
feet on the east side of Nutwood Street, having a maximum depth of 101 feet, located
260 feet north of the centerline of Victoria Avenue.
Waiver of minimum rear yard setback (10 feet required; 9 feet proposed) to permit and
retain an unpermitted habitable sunroom in the rear of an existing single-family
residence in the RS-7200 (Residential, Single-Family) Zone.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Administrative Adjustment No. 2001-00206 approved (ZA DECISION NO. 2001-9).
B12. ADMINISTRATIVE ADJUSTMENT NO. 2000-00204
CATEGORICALLY EXEMPT - CLASS 3:
OWNER: Jorge P. and Maria G. Gonzalez, 616 S. Arden Street, Anaheim, Ca. 92802.
._--------~~"' _..._-~--.__...._---_..,~.__...,_., -.'-'~',~----_,_.
ANAHEIM CITY COUNCIL
MEETING MINUTES
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PAGE 14
LOCATION: 616 South Arden Street: Property is 0.14 acre, having a frontage of 63 feet
on the east side of Arden Street and a maximum of 101 feet located 290 feet north of the
centerline of Alomar Avenue.
Waiver of maximum fence height (3 feet high permitted; 6 feet high proposed) to permit
and retain a 6-foot high combination wrought iron and block wall fence within the
required front yard setback of a single-family residence in the RS-7200 (Residential,
Single-Family) Zone.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Administrative Adjustment No. 2001-00204 denied (ZA DECISION NO. 2001-10).
179
B13. ADMINISTRATIVE ADJUSTMENT NO. 2000-00205
CATEGORICALLY EXEMPT - CLASS 3:
OWNER: Domingo and Maria Carpio, 540 S. Wayside Street, Anaheim, CA. 92805
LOCATION: 540 South Wavside Street: Property is 0.17 acre, having a frontage of 70
feet on the east side of Wayside Street and a maximum of 107 feet located 140 feet
south of the centerline of Alpha Lane.
Waiver of maximum fence height (3 feet high permitted; 5 feet high proposed) to permit
a 5-foot high combination wrought iron and block wall fence within the required front yard
setback of a single-family residence in the RS-7200 (Residential, Single-Family) Zone.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Administrative Adjustment No. 2001-00205 approved (ZA DECISION NO. 2001-11).
END OF THE ZONING ADMINISTRATOR ITEMS
6:00 P.M. PUBLIC HEARING:
C1. CONTINUED PUBLIC HEARING
SPECIMEN TREE REMOVAL PERMIT NO. 000-00005
179 AND MITIGATED NEGATIVE DECLARATION:
OWNER: Ed and Linda Stern; Gary and Donna Lee Lyons; et aI., Attn: Lori Glastetter,
617 South Birchleaf Drive, Anaheim, CA 92804
AGENT: La Quinta Development. Attn: Thom Falcon. 1124 Main Street, Suite D, Irvine,
CA 92614
LOCATION: 300 block of Henninq Way. Property is 8.4 acres located on the west side
of Henning Way, 350 feet southwest of the centerline of Quintana Drive.
To permit the removal of 28 specimen trees.
ACTION TAKEN BY PLANNING COMMISSION:
Specimen Tree Removal Permit No. 2000-00005 approved.
Mitigated Negative Declaration approved.
Informational item at meeting of December 12, 2000, Item B5.
Letter of appeal submitted by Gerald Bushore.
(Continued from February 6, 2001 Council Meeting)
Mayor Daly asked for an update on the recent discussions regarding the proposed removal of
the large trees.
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ANAHEIM CITY COUNCIL
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PAGE 15
Mr. Fick reported that after the Council last saw the request, it returned to the Planning
Commission. He said there were a number of meetings with the residential community and staff
and he was happy to report that everything had been worked out. At the Planning Commission
meeting, the conditions were changed with give and take from both sides.
Mayor Daly clarified that the staff recommendation was to uphold the Planning Commission
action and Mr. Fick answered yes.
At this point, Mayor Daly re-opened the public hearing.
Gerald Bushore, the appellant, said he was in attendance to withdraw his appeal, noting that the
developer had worked with the neighborhood to resolve the issues.
Hearing no further testimony, Mayor Daly closed the public hearing.
Mayor Daly moved to approve the CEQA finding, Mitigated Negative Declaration, seconded by
Council Member McCracken, motion carried unanimously.
Mayor Daly moved accept the Planning Commission's recommendation for Specimen Tree
Removal Permit No. 000-00005, seconded by Council Member McCracken. Motion carried
unanimously.
Report on Closed Session Actions:
City Attorney Jack White reported that there were two items to be announced that were acted
upon in Closed Session.
He explained the Council waived potential conflict of interests with Rutan and Tucker to
represent the City in connection with an eminent domain matter at 1680 West Lincoln and also
with an issue with the Orange County Sanitation District relating to the relocation costs of a
sewer line in Ball Road. He also reported the Council waived potential conflict with the firm of
Woodruff, Spradlin and Smart on the same issue and the vote was all ayes on both issues.
Mayor Daly noted the culmination of the review process for the four Council
appointed management employees and moved a 3% merit increase for all four of
the employees. Council Member Tait seconded the motion. The vote was 3
ayes; Council Members Tait, Feldhaus and Mayor Daly. Two noes; Council
Members McCracken and Kring. Motion carried.
Mayor Daly said he wished to adgendize for the next meeting, the Council Policy
Item 10.0 adopted a few years ago involving the management pay increase
Council Communications:
Council Members expressed their sympathy to Catherine Simon at the loss of her husband,
Larry Simon, citing the tremendous asset both had been to the community. All Council
Members expressed a desire to adjourn the meeting in Larry Simon's memory.
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ANAHEIM CITY COUNCIL
MEETING MINUTES
MARCH 6, 2001
PAGE 16
Council Member Kring requested that staff create a procedure to include a meeting or interview
by the Council and staff for members of the public interested in serving on Boards and
Commissions.
Mayor Daly said that for the next Closed Session he wished to add the employee performance
evaluations, possibly starting earlier depending on the Closed Session schedule.
Adjournment:
There being no further business to come before the City Council, Mayor Daly adjourned the
meeting at 7:09 P.M. in memory of Larry Simon.
Respectfully submitted:
Sheryll Schroeder, CMC/AAE
City Clerk