2001/04/24
ANAHEIM, CALIFORNIA - CITY COUNCIL MEETING
APRIL 24,2001
The City Council of the City of Anaheim met in regular session.
PRESENT: Mayor Tom Daly, Council Members Shirley McCracken, Frank Feldhaus, Tom
Tait and Lucille Kring.
STAFF PRESENT: City Manager Jim Ruth, City Attorney Jack White, City Clerk Sheryll
Schroeder, Joel Fick, Gary Johnson, John Lower, Natalie Meeks, Greg Hastings.
A copy of the agenda for the meeting of the Anaheim City Council was posted on April 20,
2001, at the north entrance and east entrance to City Hall and on the window outside of the
Council Chambers.
Mayor Daly called the regular meeting to order at 3:14 P.M. in the Council Chambers of the
Anaheim City Hall, 200 South Anaheim Boulevard.
WORKSHOP:
City Manager Jim Ruth introduced Dr. Jerry Hunter, Chancellor, North Orange County
Community College District. He briefed the Council the on the reuse of the former Martin
Luther King Hospital site to a higher education complex and introduced his staff and public
information coordinator.
A power point presentation was given by Jerry McGuire, pro-host of schools, who stated that
the North Orange County Community College District had been waiting for an opportunity to
serve the City. He said that there were a large number of classes that needed more space.
The Martin Luther King Hospitai site was the best place for an educational complex, he
noted, as far as square footage and adequate parking and it was adjacent to bus systems
and freeway access. The individually structured educational programs could be started at
any time throughout the year by students at their convenience, he said.
In response to Council Member Kring, Mr. McGuire said that the retrofit of the Martin Luther
King Hospital site to the educational center would require major structural work and be in the
$1 million range. He said that the site would be finished in August, 2002.
Council Member McCracken commented that higher education use was great and was an
element to attract business and industry to the City. She said that the building was twice the
size of what the North Orange County Community College District needed and they were
seeking tenants to share the facility with them.
Council Member Tait asked if the Community College District was saving money by using the
existing building and Mr. McGuire responded that they would save millions of dollars and all
types of people would benefit.
Council Member Kring noted that the City was considering expanding the library and asked
about the possibility of locating a library at the facility and including a nursing program. Mr.
McGuire said that the need was there and that the District would consider that possibility.
City Manager Ruth concluded the workshop.
ANAHEIM CITY COUNCIL MEETING MINUTES
APRIL 24, 2001
PAGE 2
ADDITIONS/DELETIONS TO CLOSED SESSION: None
PUBLIC COMMENTS - CLOSED SESSION: None
At 3:40 P.M. Mayor Daly moved to recess to Closed Session, seconded by Council Member
McCracken. Motion carried unanimously.
1. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE
SECTION 54957.6:
Agency designated representative: David Hill
Employee organization: Anaheim Fire Association
2. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE
SECTION 54957.6:
Agency designated representative: David Hill
Employee organization: Unrepresented Management Employees
3. CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION
(Subdivision (a) of Section 54956.9 of the Government Code)
Name of case: Kord Group v. The Fieldstone Company, et aI., Orange County Superior
Court Case No. 76-32-58.
4. CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION
(Subdivision (a) of Section 54956.9 of the Government Code)
Name of case: Vista Media Group, Inc. v. City of Anaheim et aI., Orange County Superior
Court
Cases Nos. 81-40-50 and 00CC08157.
5. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION -Initiation of
litigation pursuant to subdivision (c) of Section 54956.9 of the Government Code:
one potential case.
Invocation:
Roger Stahlhut, Calvary Chapel Open Door
FlaQ Salute:
Council Member McCracken
Presentations:
Week.
Proclaiming April 23 - April 27, 2001, as Tree Appreciation and Planting
RecoQnitions:
Recognizing Soka University of America
Proclaiming April 27, 2001, as Polio Plus Day.
Recognizing Father Adam McCoy of St. Michael's Episcopal Church
Proclaiming April 27 - 29, 2001, as Volunteer Connection Days.
ADDITIONS/DELETIONS TO THE AGENDA: None.
PUBLIC COMMENTS:
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ANAHEIM CITY COUNCIL MEETING MINUTES
APRIL 24, 2001
PAGE 3
Cathy Wright, 5815 E. La Palma, Space 144, thanked the Public Works/Engineering staff for
their help in connection with the Friendly Village Mobile Home Park.
Barbara Coe, Chairperson of the California Coalition for Immigration Reform, spoke in favor
of keeping the INS officer at the Police Department.
Evelyn Miller, Orange County, spoke in favor of keeping the INS officer at the Police
Department.
Elaine Proko, 222 W. Bluebell Avenue, spoke in favor of keeping the INS officer at the Police
Department.
Michael Hitchens, Garden Grove, spoke in favor of keeping the INS officer at the Police
Department.
David Kendrick, Buena Park, spoke in favor of keeping the INS officer at the Police
Department.
Joanalee Antos Burr, spoke about the proliferation of massage parlors on Brookhurst St.
Judy Johnston, spoke about the drug/sober living house problem in her neighborhood which
is across the street from Loara High School.
Robert Luna, spoke in opposition to the California Coalition for Immigration Reform.
Larry Schoten, 250 South Rose Dr., Space 96, Placentia, spoke about the noise problem
from the train whistles and he asked what the City was doing about it.
Mayor Daly responded to Mr. Schoten that the Council had asked the City Manager and his
staff to work with the City of Placentia and to support that City's effort to curtail the noise
problem. He also said that the City was working with the City of Placentia on a plan to lower
the train tracks through that section of the city.
Steven Eichler, Anaheim, spoke in support of keeping the INS officer in the Police
Department and to increase the Police budget.
AI Manguin, Orange County, spoke in support of keeping the INS officer in the Police
Department.
Sheila King, representing Parkwood Village Apartments. spoke on the concerns of the
residents pertaining to Item A22, an ordinance regarding Specific Plan Adjustment Nos. 3
and 4.
Mary Grande, 601 North ESt., Anaheim. spoke on immigration problems.
Jaime Martinez, Azusa, spoke in favor of immigrants.
ANAHEIM CITY COUNCIL MEETING MINUTES
APRIL 24, 2001
PAGE 4
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR A1 - A31: 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. Items A7, A11 and A24 were continued to
May 1, 2001, and item A23 was approved as amended. Council Member Tait voted no on
Items A26, A30 and A31.
118 A 1. Reject certain claims filed against the City.
117
105
169
175
106
106
107
A2. Receive and file Investment Portfolio Report for March 2001 as submitted by the City
Treasurer and minutes of the Library Board dated March 1, 2001.
A3. Award the contract to the lowest responsible bidder, All American Asphalt, in the
amount of $181 ,823.85 and approve the Escrow Agreement pertaining to contract
retention's and authorize the Finance Director to execute the agreement.
158
A4. Approve and authorize the Mayor and City Clerk to execute the Right-of-Entry
Agreement for the northwest corner of Euclid Street and Lincoln Avenue for the Euclid
Street and Lincoln Avenue Project.
A5. Award the contract to the lowest responsible bidder, Valverde Construction, Inc., in the
amount of $95,350 and approve and authorize the Finance Director to execute the
Escrow Agreement for construction of Pressure Regulating Station #64.
A6. Approve the proposed budget schedule and set public hearings for June 5, 12, and 19,
2001 at 2:00 p.m. for Fiscal Year 2001/02 budget hearings.
A7. Increase Risk Management Budget for Fiscal Year 2000/01 expense by $740,000 for
workers compensation and permanent light duty employee programs.
Mayor Daly moved, seconded by Council Member McCracken, to continue Item A7 to May 1,
2001. Motion carried unanimously.
106
A8. Decrease expenses by $11,977,563 in the Finance Department Budget for Fiscal Year
2000/01 regarding the Anaheim Resort bond debt.
Increase revenues and expenses for listed departments to conform to the GASB
Statement No. 34 policy on charges for service provided by one department to another.
A9. Terminate the contract of Sedcon Engineers, Contractors, Inc. and direct staff to
coordinate and expedite the completion of the project with the bonding company,
National Fire Insurance Company of Hartford.
139 A10. Oppose National Fire Protection Association 1710 Standards, a national staffing and
response time standard sponsored by the NFPA, and support SB 1114 regarding local
sales and use taxes: concrete: point of sale.
123
A 11. Waive Council Policy 401 and approve a one-year Agreement with Bret Colson and
Associates for the continued production of public education materials in an amount not
to exceed $54,000 and authorize the City Manager to execute the agreement.
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153
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ANAHEIM CITY COUNCIL MEETING MINUTES
APRIL 24, 2001
PAGE 5
Mayor Daly moved, seconded by Council Member McCracken, to continue ItemA11 to May 1,
2001, and requested the City Manager report back on total cost of annual report. Motion
carried unanimously.
A 12. Authorize the City's Representative to the Metro Cities Fire Authority Board to approve
the Signal Peak License Agreement and future License Agreements between the
County of Orange and the Authority for communications equipment installed at the
Signal Peak Communications Facility.
A 13. RESOLUTION NO. 2001 R-99 RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM recognizing city empioyees in the classifications of detention
facilities manager, bailiff, senior detention officer and detention officer as correctional
officers and designating these personnel as peace officers, subject to certain
conditions.
A14. Approve an appropriation increase of $246,394 to the Convention, Sports and
106 Entertainment Department's Fiscal Year 2000/01 budget which represent the City's
anticipated reimbursement to the Anaheim/Orange County Visitor and Convention
Bureau.
A 15. Approve Agreements with the Centralia, Magnolia, Anaheim Union High School and
Anaheim City School Districts to provide Park Ranger patrols of school facilities.
A16. Approve an agreement with Walt Disney World Company to maintain Disneyland Drive
public improvements and setback areas, landscaping and hardscape to bridge the
period of time for construction completion to award a competitive bid for landscape
contract(s).
A17. Approve and authorize the Mayor and City Clerk to execute the agreement with
Southern California Edison Company for replacement of overhead electricai faciiities
with underground electrical facilities within Underground District No. 41, La Palma
Avenuellmperial Highway.
123
A 18. Authorize the Public Utilities Manager to execute an Agreement between the City and
Westport Research, Incorporated to provide an advanced generator system for the
purpose of research, development and demonstration and related documents for a total
cost not to exceed $710,000 (plus tax) and to take such actions as are necessary to
implement and administer the Agreement.
Authorize the Public Utilities General Manager to execute an Amendment to an
Agreement dated December 12, 2000, between the City and Mullen and Associates,
Incorporated to increase the scope of engineering services to provide construction
drawings for the Westport generator at an increased cost of $47,000 and to take such
actions as are necessary to implement and administer the Agreement.
Authorize the Public Utilities General Manager to execute an Agreement with Cummins
Cal Pacific for maintenance services in accordance with the terms of the annual
maintenance services Agreement and related documents for a total cost not to exceed
$31,050 per year and to take such actions as are necessary to implement and
administer the Agreement.
A19. Approve and authorize the Public Utilities General Manager to execute Amendment
NO.2 to the Power Sale Agreement between Deseret Generation & Transmission Co-
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ANAHEIM CITY COUNCIL MEETING MINUTES
APRIL 24, 2001
PAGE 6
operative and the City and to take such actions as are necessary to administer and
implement the Amended Power Sale Agreement with Deseret.
123 A20. Approve a Joint Trench Agreement with Adelphia Communication Corporation to permit
joint trenching and to share construction cost for the Underground District No. 36-2,
Lincoln Avenue Phase 2.
123
179
A21. Waive the sealed bidding and advertising requirement of Council Policy 306 and
approve and authorize the Public Utilities General Manager to execute a two-year
agreement for credit services between Equifax Credit Information Services, Inc. and
the City at an estimated cost of $44,400 and a two-year agreement for the California
Utility Exchange between Equifax and the City at a cost of $23,980, and take any and
all actions necessary to implement the Agreements.
A22. ORDINANCE NO. 5768 (INTRODUCTION) AN ORDINANCE OF THE CITY
179 COUNCIL OF THE CITY OF ANAHEIM amending Ordinance No. 5378, as previously
amended, relating to Specific Plan Adjustment NO.4 to the Disneyland Resort Specific
Plan No. 92-1 (Chapter 78.78 of the Anaheim Municipal Code)
Planning Director Joel Fick said that this item specifically pertained to directional signs along
Magic Way and the signs were consistent and compatible with other signage in the Resort
Area.
A23. ORDINANCE NO. 5769 (INTRODUCTION) AN ORDINACE OF THE CITY
COUNCIL OF THE CITY OF ANAHEIM approving Specific Plan Adjustment NO.3 to
the Anaheim Resort Specific Plan No. 92-2, amending Ordinance No. 5453, as
previously amended, amending zoning and development standards set forth in Chapter
18.48 of Title 18 of the Anaheim Municipal Code.
Planning Director Joel Fick commented that the City code currently permited applicants to
apply for temporary parking lots for a one-year time period. He said this ordinance would allow
for an applicant who had a temporary parking lot to request one-year increments, up to five
years. He said it was consistent with requirements in the Disneyland Resort Specific Plan as
well. He also said that this particular issue was the subject of a grading hearing on May 7,
2001.
Mayor Daly asked if that hearing would be the best place to bring up environmental issues and
Planning Director Fick said that this ordinance was categorically exempt because of the fact
that it was just an ordinance change of a specific plan in and unto itself. He said that an
environmental review was required with any grading permit and that there would be a more
detailed discussion.
Mayor Daly said he understood the logic of giving the authority to renew the annual permit up
to a total of five years. This was a large piece of land and he asked if staff had given any
thought to having this item reviewed by the Planning Commission because there seemed to be
some policy issues.
Planning Director Fick said that the annual renewal could be reviewed at any level the Council
desired. He said that the current structure of the second reading was that the Traffic and
Transportation Manager had the authority.
Mayor Daly asked who the permitting authority would be and Planning Director Fick said that it
would be under the authority of the Traffic and Transportation Manager.
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ANAHEIM CITY COUNCIL MEETING MINUTES
APRIL 24, 2001
PAGE 7
Mayor Daly first asked the neighbors of the property if they had seen the staff report and he
then suggested that in addition to review by the Traffic and Transportation Manager, the City
Manager also be responsible for the review and renewal.
Council Member Feldhaus agreed with Mayor Daly and suggested Council review. He stated
that the reason he was asking for a Council review was that if the neighbors could not be
satisfied, the Council was their last resort.
Council Member Tait asked if there was an appeal process to the Councilor if it was the
Traffic Engineer's decision.
City Attorney, Jack White, said that there was no specific wording in the ordinance that
addressed the process. He said it had been the Council's practice, when there had been a
staff review, that the Council was amenable to examining requests from citizens but there is
nothing specifically written in the ordinance.
Council Member Tait asked if the ordinance would need to be changed to permit the Council to
review it and City Attorney White responded that if the desire was to have Council review, the
ordinance would need to be revised and brought back again for first reading and adoption. He
said if, however, the Council was comfortable with the Mayor's suggestion of the City Manager
to be involved in the review, then the direction could be administratively given to the City
Manager. He said if Council wished to have an appeal right, then it would take an amendment
to the ordinance.
Mayor Daly suggested a third alternative, which was to go to the Planning Commission and
City Attorney White said this would also take an amendment to the ordinance.
Council Member Kring commented that if it was kept in the City Manager's realm of
responsibility then there would be continuity.
Council Member Feldhaus said he wanted to provide Council as the court of last resort.
Council Member Kring said that there was the option of renewing the ordinance and that it may
not be needed for the whole five years and City Attorney White answered that the ordinance
provided the framework where the request could be made on an annual basis.
Council Member Kring commented that there was nothing in the ordinance to inherently say
that there was an automatic renewal.
Mayor Daly asked if all the environmental issues would be on the table at the grading meeting.
Civil Engineer, Natalie Meeks, explained that the grading hearing would primarily address the
grading and draining issues of the site. She said the land use issues were per the current
zoning, and that the Public Works Department was having a report prepared by Disney to
confirm that all impacts, including traffic, lighting and noise, were covered in the previous
environmental impact report.
Mayor Daly asked if the information would be available prior to the grading hearing and Ms.
Meeks said that she would be getting a draft that week.
Mayor Daly asked what the value of the report was if there was no follow-up decision based on
that report and Ms. Meeks responded that if the report identified environmental impacts of their
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ANAHEIM CITY COUNCIL MEETING MINUTES
APRIL 24, 2001
PAGE 8
proposal that were not adequately addressed in the previous environmental report, then the
City would require an additional environmental review.
Mayor Daly asked if the information would be factored into the review by the administrative
staff and Ms. Meeks answered that it would. He then asked if it was not for the grading
hearing, was it for the other annual review that would take place and Civil Engineer Meeks
answered that the permit would actually be a grading permit and an administrative approval of
the land use.
Council Member McCracken asked if the ordinance was for one particular site in the Resort
but would allow temporary parking in other areas like motels and the City Attorney responded
that this would be an amendment in this area. He said that under the current ordinance,
someone could make that request on a one-year basis. The City Attorney said that the
ordinance allowed a longer time period than that.
Mayor Daly suggested that the City Manager be added to the review process, and the
language would be subject to review and approval of the City Traffic and Transportation
Manager.
Mayor Daly moved to amend Item A23, seconded by Council Member Kring. Motion carried
unanimously.
Interested citizens were instructed by Mayor Daly to contact Natalie Meeks for a copy of the
report.
A24. Increase the Fire Department's expenditure appropriations by $500,000 for Fiscal Year
2000/01.
106
Mayor Daly moved, seconded by Council Member McCracken, to continue Item A24 to May 1,
2001. Motion carried unanimously.
A25.
Approve the Disneyland Paramedic Service Agreement and adjust the Fire
Department's Fiscal Year budget by $410,494.
123
Council Members Tait and McCracken expressed their appreciation of the efforts of the Fire
Department and Disney.
Mayor Daly noted that Disney would fund every dollar of additional cost to the City.
Council Member Kring said that having the paramedics at Disneyland had already proven to
be effective because paramedics had recently saved a life at Disneyland.
114
A26. ORDINANCE NO. 5770 (INTRODUCTION) AN ORDINANCE OF THE CITY
OF ANAHEIM relating to the compensation of members of the City Council.
Council Member Tait voted no on Item A26.
Council Member McCracken explained that there has been no increase in compensation for
Council Members in ten years. She said she had completed some calculations and the
increase in the cost of living over those ten years had been between 25% to 26%. She also
said she would like to amend the ordinance to offer a $250.00 a month increase instead of a
$500.00 a month increase.
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ANAHEIM CITY COUNCIL MEETING MINUTES
APRIL 24, 2001
PAGE 9
179
A27. ORDINANCE NO. 5761 (ADOPTION) AN ORDINANCE OF THE CITY OF
ANAHEIM approving Specific Plan No. 94-1, amending Ordinance No. 5517, as
previously amended and amending Section 18.110.110 of Chapter 18.110 of Title 18 of
the Anaheim Municipal Code relating to Development Area 6 (asphalt and concrete
processing facilities). (Introduced April 17, 2001, Item A30).
ORDINANCE NO. 5762 (ADOPTION) AN ORDINANCE OF THE CITY OF
ANAHEIM amending Title 18 to rezone property under Reclassification No. 99-00-15(3)
located at 1460 South Douglass Road from the CO zone to the CO (SE) zone.
(Introduced April 17, 2001, Item A30).
179
A28. ORDINANCE NO. 5763 (ADOPTION) Amending Title 18 to rezone property
under Reclassification No. 99-00-11 located at 511 North Brookhurst Street from the
RS-A-43, 000 zone to the CL zone. (Introduced April 17, 2001, Item A44).
179
A29. ORDINANCE NO. 5764 (ADOPTION) Amending Title 18 to rezone property
under Reclassification No. 2000-00040 located at 131 South Harding Avenue from the
RS-7200 zone to the RS-5000 zone. (Introduced April 17, 2001, Item A45).
173
A30. ORDINANCE NO. 5765 (ADOPTION) AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF ANAHEIM adding a new Chapter 4.73 to Title 4 of the
Anaheim Municipal Code relating to taxicab franchises. (Introduced April 17, 2001,
Item A48).
Council Member Tait voted no on Item A30.
Council Member McCracken said she did not have any difficulty with the franchise but she
had difficulty with two systems trying to operate over five years. She said that she
understood the City had recent court decisions, but there was some conflict in trying to
transfer from one system to another. She believed that the City needed to transfer to one
system and have conditions which all taxicabs would operate under.
Mayor Daly asked specifically what Council Member McCracken wanted to see different and
she responded that she objected to the fact that if a taxi company did not receive a franchise,
then that company had five years to continue under the permit system. She asked why a
company would want to operate under a franchise system.
Mayor Daly asked if she felt that a firm not receiving a franchise should not be grandfathered
and Council Member McCracken answered not for five years. She said that it would be fine
if they could reach a way to bring their cabs up to caliber.
Council Member Kring said that there might be some inherent problems with having some
businesses on permits and some on franchises. She asked if the City would then be in the
same situation in three or five years that they were currently in and she explained that if the
City did not do something now it would drag on for years and years.
Mayor Daly agreed with Council Member Kring.
123 A31. Approve an Agreement with the Center for Demographic Research at California State
University Fullerton, in an amount not to exceed $39,150 for the preparation of a
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ANAHEIM CITY COUNCIL MEETING MINUTES
APRIL 24, 2001
PAGE 10
Demographic Profile for the City along with analysis and projections to the year 2010
based on Census 2000 results. (Continued from April 17, 2001, Item A31).
Council Member Tait voted no on item A31.
END OF CONSENT CALENDAR
6:00 P.M. Public HearinQs:
Mayor Daly announced the first six items all had to do with acquisition by imminent domain of
property interests for the Ball Road/Euclid Street intersection project. (C1 through C6)
Mayor Daly said that this was the time for the public hearing on the proposed acquisition by
eminent domain of property interests for the Ball Road/Euclid Street Intersection Project. He
said that the properties involved are identified in Agenda Items C1 - C6 and the interests which
were proposed to be acquired were described in the resolution attached to the staff report for
each proposed acquisition.
Public Works Civil Engineer Natalie Meeks gave a brief staff report for items C1 through C6.
She said that implementation of the intersection improvements would increase the capacity of
the street and improve intersection operations. She also said that the overall project included
the undergrounding of utilities, street rehabilitation and landscaping. Ms. Meeks said that
acquisition offers had been made; however, to this date she had been unable to obtain
executed acquisition agreements for the parcels. She said staff recommended adopting the
resolutions of necessity to insure that the City obtain legal possession of the property in time for
the scheduled construction. She also noted that staff would continue to work with the property
owners to reach a settlement and address all of their concerns.
Mayor Daly opened the public hearing for Agenda Items C1 through C6.
C1. PUBLIC HEARING: To consider a resolution finding and determining the public interest
and necessity to require condemnation of certain real property located at 1711-1723
West Ball Road for the Ball Road/Euclid Street intersection from 200m west of Euclid
Street to UPRR on Ball Road and from 200m north of Ball Road to Palm Lane on
Euclid Street Project and authorizing the law firm of Rutan and Tucker, special counsel
to the City, to proceed with said condemnation action.
C2. PUBLIC HEARING: To consider a resolution finding and determining the public interest
and necessity to require condemnation of certain real property located at 1201-1235
South Euclid Street for the Ball Road/Euclid Street intersection from 200m west of
Euclid Street to UPRR on Ball Road and from 200m north of Ball Road to Palm Lane
on Euclid Street Project and authorizing the law firm of Rutan and Tucker, special
counsel to the City, to proceed with said condemnation action.
C3. PUBLIC HEARING: To consider a resolution finding and determining the public interest
and necessity to require condemnation of certain real property located at 969 South
Euclid Street for the Ball Road/Euclid Street intersection from 200m west of Euclid
Street to UPRR on Ball Road and from 200m north of Ball Road to Palm Lane on
,..
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ANAHEIM CITY COUNCIL MEETING MINUTES
APRIL 24, 2001
PAGE 11
Euclid Street Project and authorizing the law firm of Rutan and Tucker, special counsel
to the City, to proceed with said condemnation action.
C4. PUBLIC HEARING: To consider a resolution finding and determining the public interest
and necessity to require condemnation of certain real property located at 1200-1208
South Euclid Street for the Ball Road/Euclid Street intersection from 200m West Euclid
Street to UPRR on Ball Road and from 200m north of Ball Road to Palm Lane on
Euclid Street Project and authorizing the law firm of Rutan and Tucker, special counsel
to the City, to proceed with said condemnation action.
C5. PUBLIC HEARING: To consider a resolution finding and determining the public interest
and necessity to require condemnation of certain real property located at 1676 West
Ball Road for the for the Ball Road/Euclid Street intersection from 200m west of Euclid
Street to UPRR on Ball Road and from 200m north of Ball Road to Palm Lane on
Euclid Street Project and authorizing the law firm of Rutan and Tucker, special counsel
to the City, to proceed with said condemnation action.
C6. PUBLIC HEARING: To consider a resolution finding and determining the public interest
and necessity to require condemnation of certain real property located at 912-990
South Euclid Street for the Ball Road/Euclid Street intersection from 200m west of
Euclid Street to UPRR on Ball Road and from 200m north of Ball Road to Palm Lane
on Euclid Street Project and authorizing the law firm of Rutan and Tucker, special
counsel to the City, to proceed with said condemnation action.
Hearing no pubiic testimony, Mayor Daly closed the public hearing and offered Resolution
Nos. 2001 R-100 through 2001R-105 for adoption on Items C1 through C6.
C1.
C2.
121
C3.
C4.
C5.
RESOLUTION NO. 2001-R-100 RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM determining the public interest and necessity for acquisition of
portions of property located at 901-951 South Euclid Street and 1711-1723 West Ball
Road for the purposes of conducting roadway improvement (RIW 5400-01).
RESOLUTION NO. 2001 R-101 RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM determining the public interest and necessity for acquisition of
portions of property located at 1201-1235 South Euclid Street for purposes of
conducting roadway improvement (RIW 5400-6 and 7).
RESOLUTION NO. 2001R-102 RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM determining the public interest and necessity for acquisition of
portions of property located at 969 South Euclid Street for the purposes of conducting
roadway improvement (RIW 5400-02).
RESOLUTION NO. 2001R-103 RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM determining the public interest and necessity for acquisition of
portions of property located at 1200-1208 South Euclid Street for the purposes of
conducting roadway improvement (RIW 5400-8).
RESOLUTION NO. 2001R-104 RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM determining the public interest and necessity for acquisition of
portions of property located at 1676 West Ball Road for the purposes of conducting
roadway improvement (RIW 5400-9).
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ANAHEIM CITY COUNCIL MEETING MINUTES
APRIL 24, 2001
PAGE 12
C6. RESOLUTION NO. 2001R-105 RESOLUTION OF THE CITY COUNCIL OF THE
121 CITY OF ANAHEIM determining the public interest and necessity for acquisition of
portions of property located at 912-990 South Euclid Street for the purposes of
conducting roadway improvement (R/W 5400-13 and 14).
Roll call vote: Ayes - 4; Mayor Daly, Council Members McCracken, Tait, Kring. Noes - O.
Temporarily absent - 1; Council Member Feldhaus.
C7. WAIVER OF CODE REQUIREMENT
179 CONDITIONAL USE PERMIT NO. 2001-04333
AND NEGATIVE DECLARATION:
OWNER: Larry P. Henry and Carol Henry, 225 North Loara Street, Anaheim, CA
92801
AGENT: Dean Garcia, 1303 Beacon Avenue, Anaheim, CA 92802
LOCATION: 309 North Manchester Avenue. Property is approximately 0.25 acre
located on the south side of Manchester Avenue, 210 feet west of the centerline of
Loara Street (Agape House of Prayer).
To retain an unpermitted church in an existing building with waiver of minimum number
of parking spaces.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 2001-04333 granted for two years to expire March 6, 2003 (PC2001-32) (6
yes votes, Commissioner Arnold absent).
Approved waiver of code requirement.
Approved Negative Declaration.
Informational item at the meeting of March 27, 2001, Item B3. Review of the Planning
Commission's decision requested by Council Member McCracken and Mayor Daly.
Mayor Daly explained that the Planning Commission approved a two-year permit for an
unpermitted church in an industrial area and that the permit included a waiver on the minimum
number of parking spaces. He said the Planning Staff had expressed some location concerns
about this being a church in an industrial area adjacent to the freeway along with the parking
issue.
Greg Hastings, Planning Department, said that the church was about 2,700 square feet and
shared a property with two small warehouse buildings. He said the three buildings together
left virtually no room for landscaping and provided a limited amount of on-site parking which
did not meet code standards. The Planning Commission approved the church for two years
based on the fact that the meeting times were limited to Sunday mornings and Wednesday
evenings. He said that parking had not been a problem and the church had invested a large
amount of resources to clean the building up.
Mayor Daly noted that the Redevelopment staff had recommended a denial of the request and
he noted that the neighborhood had been under construction for the last eight years.
Council Member McCracken asked if the City had anything that guaranteed the availability of
neighbor property parking areas and Planning Director Fick said that the property owner said
he would make his area available for parking but there was no guarantee that the properties
could not be sold in the future.
ANAHEIM CITY COUNCIL MEETING MINUTES
APRIL 24, 2001
PAGE 13
Council Member Kring asked if the Redevelopment staff had changed their recommendation
and Traffic and Transportation Manager Lower said they were still recommending a denial
since the letter was not recorded.
Mayor Daly brought up the point that the church would eventually grow out of this site and he
asked what the plans were in the future.
Dean Garcia, Agape House of Prayer, spoke in favor of the parking permit. He stated that the
Planning Commission had given the church two years and that the Agape House of Prayer
would bring a positive impact to the area. In the next six months, they would be looking for a
new home for the church and that the church would not be there for longevity, they just want to
use it for now. he finalized.
Mayor Daly asked Mr. Garcia if it would be a hardship on the church to start looking for a new
building sooner than six months and Mr. Garcia answered that they would do whatever was
necessary. He also said that they had an agreement with the owner of the property noting the
fact that they had permission to use his other buildings as well. He believed that they were
given six months from the Planning Commission to put together a parking plan.
Mr. Corbett spoke in favor of the parking permit.
Joaquin Garcia, Pastor of Agape House of Prayer, spoke in favor of the parking permit.
Traffic and Transportation Manager Lower noted that a traffic study indicated that the industrial
complex provided 28 parking spaces and the church had proposed 38 spaces to meet code.
In response to Council Member McCracken, even with a parking permit, they would still need a
waiver.
Council Member McCracken said she did not think that the Planning Commission's report
included all the parking spaces on the adjacent properties and she thought that the waiver had
to do with parking that extended into the public right of way.
In response to Council Member McCracken, Traffic and Transportation Manager Lower said
that some of the parking spaces were still usable but could not be counted towards code
requirements. Mr. Lower said that realistically there were ten spaces on site.
Council Member McCracken asked if there could be a condition added to the permit that
Pastor Garcia would need to have a written agreement with the owner within thirty days.
City Attorney White answered that there could be an added condition to that effect if the
Council wished to have one.
Council Member McCracken said she would be more comfortable with this condition so the
church has future guaranteed parking.
Mayor Daly suggested a compromise. He said since the planning staff had recommended no
permit at all and had given the church two years, he suggested a one-year permit with the
parking conditions recommended by Council Member McCracken. He felt that this was
reasonable so the church could continue to grow and add to its base while they were looking
for another site. He added that if the church needed more time, the Council would consider
that.
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ANAHEIM CITY COUNCIL MEETING MINUTES
APRIL 24, 2001
PAGE 14
Council Member Kring commented that the report did not show that 39 spaces were needed.
She voiced her concerned about the one-year time limit because it was a start up church with
limited resources and she would feel more comfortable with a two-year time limit.
Mayor Daly suggested a one-year permit with the parking condition recommended by Council
Member McCracken and with staff incorporating that into the permit. He asked staff to report
back to the Council if they encountered any problems.
Council Member Tait asked the applicant if a one-year permit was feasible for them.
Mr. Garcia said yes, if that was what the Mayor was recommending, but they would prefer the
eighteen months that Council Member Kring had suggested.
Mayor Daly moved to approve the CEQA Environmental Finding of Negative Declaration,
seconded by Council Member McCracken. Motion carried unanimously.
Mayor Daly offered Resolution No. 2001R-106 for adoption to grant Conditional Use Permit
No. 2001-04333 for one year with the added condition to obtain a written agreement from the
property owner regarding parking stipulations.
RESOLUTION NO. 2001R-106 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2001-04333 FOR A
PERIOD OF ONE YEAR.
Roll call vote: Ayes - 5; Mayor Daly, Council Members McCracken, Feldhaus, Kring, Tait .
Noes - O. Motion carried.
C8. GENERAL PLAN AMENDMENT NO. 2001-00386
155 AND NEGATIVE DECLARATION:
CITY-INITIATED: Anaheim Housing Authority, Attn: Bertha Chavoya, Housing
Manager, 201 South Anaheim Boulevard, Anaheim, CA 92805.
City-initiated amendment to the Housing Element of the General Plan to consider an
update of citywide housing needs, goals, policies, and programs.
ACTION TAKEN BY THE PLANNING COMMISSION:
Recommended approval and adoption of the amendment to the Housing Element to
the City Council (PC2001-33) (7 yes votes).
Item B 1 from April 17, 2001.
Mayor Daly moved, seconded by Council Member McCracken, to continue the hearing to
May 1, 2001. Motion carried unanimously.
Report on Closed Session Actions: None
Council Communications:
Council Member McCracken said that earlier the Council had heard discussion about
Placentia and the support from Anaheim. She informed that OCTA was addressing that
issue and trying to find solutions. She said that as a member of that board she had asked
them to look seriously at some solutions that might even be short term so that there could be
'~'-----r'-- -~..._.._--_.
ANAHEIM CITY COUNCIL MEETING MINUTES
APRIL 24, 2001
PAGE 15
quiet zones along that railway. She also said it was an issue not only for Anaheim, but
Placentia, Fullerton and Yorba Linda as well. She also said that dividers preventing people
from going around the gates could happen soon.
Council Member Kring added that the Railroad Company has said that they will not blow the
whistles during the evening so the residents can have a peaceful sleep.
Mayor Daly said he recently met with the owner of All Style Apparel, Mr. Shakoui. All Style
Apparel, like many businesses in Anaheim and Southern California, was being hit hard by
the increase in natural gas prices, he noted. Mayor Daly said Mr. Shakoui was going to be
meeting with State legislators and would discuss how the State had a regulatory role with
natural gas and that the City of Anaheim was not in the natural gas business. Mr. Shakoui
employed 1,800 persons and his natural gas bill for the next six months was expected to
increase by a factor of seven. The Mayor commented that Mr. Shakoui's colleagues in Los
• Angeles had already gone under due to the increase in natural gas prices. Mayor Daly
directed the City Manager to give Council a report on how the City could become involved,
from the economic development prospective, in commenting to the State government and
other parties and working with State Legislators how to solve the problem.
Adjournment:
There being no further business to come before the City Council, Mayor Daly adjourned the
meeting at 7:43 P.M.
Respectfully submitted:
C,
Sheryll Schroeder, CMC/AAE
City Clerk
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