2000/05/02ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
MAY 2, 2000
The City Council of the City of Anaheim met in regular session.
PRESENT:
ABSENT:
PRESENT:
COUNCIL MEMBERS: Frank Feldhaus, Lucille Kring, Tom Tait, Shirley McCracken
MAYOR: Tom Daly
CITY MANAGER: Jim Ruth
CITY ATTORNEY: Jack White
CITY CLERK: Sheryll Schroeder
ASST. CITY CLERK: Ann Sauvageau
PLANNING DIRECTOR: Joel Fick
CITY TREASURER: Charlene Jung
FINANCE DIRECTOR: Bill Sweeney
ASST. CITY ATTORNEY - PUBLIC UTILTIES: Lucina Moses
PUBLIC UTILITIES GENERAL MANAGER: Ed Aghjayan
ZONING DIVISION MANAGER: Greg Hastings
TRAFFIC/TRANSPORTATION MANAGER: John Lower
A complete copy of the agenda for the meeting of the Anaheim City Council was posted on April 28, 2000
at the City Hall Bulletin Board, (both inside and outside the entrance to City Hall) containing all items as
shown herein.
May 2, 2000 Special Meeting, 2:30 PM Workshop - Charter Amendments.
City Manager James Ruth introduced the workshop requested by the Council on the proposed Charter
amendments. He noted this was a continuation of the last workshop.
Mayor Pro Tem McCracken asked the City Attorney to give the Council some suggestions on how to move
the process along and how they might be able to minimize the number of amendments.
City Attorney White explained the Council had an outline of material relating to the amendments together
with the text of 34 amendments. He said the amendments could be divided into 2 categories. The first
was technical corrections and he felt 20 of the 34 fell into that category, changes that did not effect the
substance of the Charter language but were only meant to delete obsolete, redundant language or to
conform provisions of the Charter to state law or to change the gender references in the Charter to make
them gender neutral.
Mr. White suggested that Council look first at the technical corrections, 20 recommended by the Charter
Review Committee, determine whether they meet with Council's approval, determine if there are other
technical changes the Council wishes to make, then determine which, if any, Council wishes to place on
the ballot and how they should be grouped. Mr. White noted that he has suggested that 17 of the 20 could
be grouped into 1 ballot measure. The other 3 technical corrections related to public utility issues and he
felt they did not lend themselves to being combined with the 17 or with each other.
City Attorney White advised Council to keep in mind how many ballot measures they would feel
comfortable with putting on the ballot in November, He added that his experience indicated that voter
fatigue sets in and if there are too many issues on the ballot, they are either not voted on or are voted on
negatively. He felt 8 issues or less would be about the number Council may wish to put on the November
ballot.
The second category the proposed amendments fell into was 13 substantive amendments that had been
recommended by the Charter Review Committee and 1 that was previously discussed by the Council,
relating to the prohibition of hiring special prosecutors.
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
MAY 2, 2000
He suggested Council consider the technical corrections first and deal with the substantive amendments
next. He added that the amendment regarding term limits had been discussed and continued until the
June 13, 2000 meeting.
Council Member Feldhaus asked the City Attorney if Council could place a ballot measure on the
November election that would permit the Council to make technical corrections to the Charter.
City Attorney White responded that one of the limitations the City had in writing the ballot measures was
that the City had to make sure the question was informative to the voters, that the question is not
misleading and that the question is adequate to state what the change is. He continued, by having a
generic amendment, it would not fit the criteria.
Regarding amendment 32, "Revised Punishment For Misdemeanor Violations Of The City Charter To
Allow Maximum Penalty As Prescribed By State Law", Council Member Kring noted that when the City
was considering amendments to the campaign financing reform law, the Council discussed the Charter
and state law. She asked, since Anaheim was a Charter City, if it was a misdemeanor, what was the
maximum penalty that the State would prescribe.
Mr. White explained that a few years ago, the Charter was amended with regard to misdemeanor
violations of the Municipal Code. He noted that State law used to provide that violations that were
misdemeanors were punishable by a maximum fine of $500 and/or 6 months in jail. About 10 years ago,
he explained, State law was amended to increase the maximum fine from $500 to $1,000, the jail
punishment did not change. The City Charter provided that the maximum fine was $500. He said a few
years ago the Charter was changed, as far as Code violations, that the maximum fine would be whatever
State law prescribed as the maximum fine so that the City did nat always have to catch up to State law.
He added that the Charier itself had a section relating to violations of the Charter, as opposed to violations
of the Code. At the time the State law was changed, the same change was not made, through oversight,
with regard to Charter violations. So the Charter continued to say the maximum fine for violation of the
Charter would be a misdemeanor and a fine of $500, even though the State law says the maximum fine
would be $1,000.
Council Member Kring asked that since Anaheim was a Charter City, did they have to defer to State taw
and Mr. White responded no, not on that.
Council Member Kring said she did not desire to change that section of the Charter, to bring it to $1,000.
Council Member Tait said he felt the Charter had served the City well and he did not see a "burning" need
to change anything. Council Member Kring said she would support that.
Mayor Pro Tem McCracken said review of the Charter only took place every 10 years and that possibly
Council should consider the obsolete and redundant language.
Mayor Pro Tem McCracken asked the City Attorney to review the 3 recommended amendments that did
not fit into the technical group.
Mr. White explained that the three proposed amendments related to changes in Sections 1210, 1210.1
and 1211 of the Charter, two related to issuance of notes and bonds. He said attachment 27 to the
material submitted, outlined the recommended changes to Section 1210. He said the first of the 2
changes was to take out the 3r~ paragraph that authorized the issuance of revenue bond anticipation notes
in 1981, which have now been paid off and that language was no longer needed. The second change was
in the last paragraph of Section 1210, the current language provided that revenue bond anticipation notes
cannot exceed an amount equal to 25% of the gross revenues earned by the respective utility during the
preceding fiscal year. The suggestion was to remove that language to allow the Council the flexibility in
issuance of notes.
2
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES
MAY 2, 2000
Ed Aghjayan, Public Utilities General Manager, said the Charter limitation was not connected with any
standard on wise investment, the City pretty much went with coverage ratios and by what the rating
agency says in terms of how much debt the City should have. He said they were always reviewed
carefully with Council.
Regarding the proposed change to Section 1210.1, attachment 28, relating to the refinancing of electric
and water revenue bonds, Mr. White said the current Charter language restricts Council to only refinance
under 1 of 2 conditions. One, he explained, the cost to the City would be reduced by the refunding or
refinancing and the second was where the Council determined that the refinancing would be financially
advantageous to the City. He explained the proposed change would give the Council greater flexibility to
refinance revenue bonds whenever the Council determined refinancing would be advantageous to the
City, not necessarily having to result in reduced costs or some financial advantage, like a non-financial
advantage.
Lucina Moses, Assistant City Attorney, added that the bond counsel had recommended that change.
Council Member Tait expressed concern about removing restrictions. Mr. Aghjayan said the City's bond
counsel and financial advisors reviewed the changes and their recommendations were to make it easier
for the Council to make financial decisions as the market changes. He added that the City had operated
for some time with the provisions in place and if the Council felt protected by leaving them in place, it
probably would not hurt the operation, it was just clean up language.
Council Member Tait suggested the bond counsel could submit a memo regarding the advantages of the
proposed change and Mr. Aghjayan said he would work with the bond counsel to see what
recommendations they felt the strongest about and which could wait.
Regarding the final technical correction, Section 1211, related to public works contracts, attachment 29,
Mr. White explained that currently the Charter requires that all public works projects be awarded through a
public bidding process to the lowest responsible bidder. He noted the Charter currenfly contained
exceptions to that requirement, one being for projects for the extension, replacement or expansion of the
transmission or distribution system of the public utility, which the Council can exempt from the public
works provisions of the Charter by a majority vote. The proposed amendment was to not restrict it to only
transmission or distribution system facilities, but allow Council the opportunity to exempt any public utility
public works job from the bidding requirement after a vote of the Council. He said the amendment was to
give the Council greater flexibility.
Council Member Kring said she felt this amendment sounded like it was in the category of the other two, it
was not necessary at this time.
Mr. Aghjayan said he felt this proposed amendment was good clean up language and he supported the
recommendation.
The recommendations termed "substantive" by the City Attorney were discussed next. He referred to
Page 4 of the workshop material, 13 recommendations from the Charter Review Committee and 1 added
by Council.
The Council and City Attorney discussed various proposed amendments.
Regarding proposed amendment to Section 501, prohibit employees from holding office as Mayor or
Council Member, Mr. White agreed the amendment could wait until a Charter city tested State law.
Amendment proposed for Section 502, increase compensation of Mayor and Council, Council Members
Kring and Tait expressed a desire not to have it on the ballot, Council Member Feldhaus said he wished to
see them all on the ballot.
3
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
MAY 2, 2000
Section 518, requiring at least 3 affirmative votes for approval of any contract and authorize a department
head or City Manager to contract for purchase of public utility products at rates or within limits approved by
Council, was discussed. Mr. Aghjayan responded to comments.
Section 705 and 706 were discussed, which were operational issues in the City Treasurer and Finance
Director's department. Finance Director and Treasurer answered various questions posed by Council.
Due to time constraints, the Council agreed to hold another workshop in the very near future to consider
the remainder of the recommendations.
REQUEST FOR CLOSED SESSION:
City Attorney Jack White requested a Closed Session noting first that there were no additions to
Closed Session items.
PUBLIC COMMENTS - CLOSED SESSION ITEMS:
There were no public comments relative to Closed Session items.
The following items are to be considered at the Closed Session.
CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION
54956.9(a) - Existing Litigation:
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).
CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION
54956.9(a) - Existing Litigation:
Name of Case: Thompson v. City of Anaheim, Orange County Superior Court Case No. 80-10-
67.
CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION:
Initiation of litigation pursuant to subdivision (b) of Section 54956.9:
Two potential cases.
CONFERENCE WITH REAL PROPERTY NEGOTIATORS:
Property: 1419 and 1423 North State College Boulevard, Anaheim, California.
Agency negotiators: David Cosgrove, Natalie Meeks
Negotiating parties: City of Anaheim and John E. Biard and Carel D. Biard, Trustees of the
Biard Family Trust.
Under negotiation: pr[ce and terms of payment.
CONFERECE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION
54957.6:
Agency designated representative: David Hill
Name of employee organization: Anaheim Firefighters' Association.
CONFERECE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION
54957.6:
Agency designated representative: David Hill
Name of employee organizations: Anaheim Police Association, Anaheim Municipal Employees
Association, International Brotherhood of Electrical Workers, Local 47, Service Employees
International Union Local 1877 and Teamsters Local 952 - CalPERS update.
By general consent, the Council recessed into Closed Session. (4:15 p.m.)
ANAHEIM CALIFORNIA - CITY COUNCIL MINUTES
MAY 2, 2000
AFTER RECESS:
Mayor ProTem McCracken called the regular Council meeting of May 2, 2000 to order at 5:12
p.m. and welcomed those in attendance.
INVOCATION: Pastor Stan Managbanag gave the invocation.
FLAG SALUTE:
Council Member Frank Feldhaus led the assembly in the Pledge of Allegiance to the Flag.
Mayor Pro Tern Shirley McCracken announced that Mayor Daly could not be present tonight due to illness.
119: DECLARATION OF RECOGNITION AND APPRECIATION: A Declaration of Recognition and
Appreciation was presented to Mr. Bruno Serato, owner of the Anaheim White House Restaurant
extending sincere appreciation to Mr. Serato for his ongoing dedication and generosity to the Anaheim
community; Mr. Serato accepted the Declaration and thanked the Council for so recognizing him.
119: PROCLAMATION: The following Proclamation was author[zed by the City Council:
Recognizing May, 2000 as Hire-A-Veteran Month in Anaheim
Mr. Stephan Traktman, Local Veterans Employment Representative of the State of California Employment
Development Department accepted the Proclamation; Mayor Pro Tem McCracken and Council Members
personally greeted and thanked Mr. Traktman.
119: PRESENTATION AND INTRODUCTION OF THE ClNCO DE MAYO QUEEN FOR THE YEAR
2000: Mr. John Kelly, past President of the Cinco de Mayo Committee, first thanked the Council and the
City for not only their monetary assistance but also their continued support of the annual Cinco de Mayo
Fiesta. It was another huge success. He also introduced the Committee's present Chairman, Linda
Prieto, daughter of Joel Guerena, and her assistant, Manual Gomez. He then introduced this year's Cinco
de Mayo Queen, Jessica Reyes.
Ms. Reyes thanked the City for assisting the Committee in their activities. She is pleased to have been
chosen Cinco de Mayo Queen; Mayor Pro Tern McCrecken and Council Members personally
congratulated Ms. Reyes who was presented with a bouquet of roses.
ADDITIONS TO THE AGENDA:
There were no additions to agenda items.
PUBLIC COMMENTS- AGENDA ITEMS:
Mitchell Caldwell, Chairman, Anaheim Colony Neighborhood Council. As the Council is aware, they are
developing a park at the former George Washington Community Center site. One of the issues that arose
was naming the park. He has a letter from the Colony Neighborhood Council dated March 27, 2000 and
also letter from Rose Deneau dated August 23, 1999, both supporting the name "George Washington
Park." Mr. Caldwell then reported what had occurred relative to naming the site explaining that at first he
favored Anaheim Colony Park but since has changed his support to George Washington Park noting its
historical signficance as explained in the March 27thletter {made a part of the record).
There was general Council consensus that the park be named "George Washington Park"; Council
Member Tait asked that the issue be placed on the agenda for the next Council Meeting for a formal vote
by the Council. (He also reiterated his request under the Council Communication portion of the agenda.)
5
ANAHEIMT CALIFORNIA - CITY COUNCIL MINUTES
MAY 2, 2000
Mrs. Parvin Somushian (Khoda Ostowari & Associates), 6263 E. Twin Peaks Circle, Anaheim. She and
her husband Khoda own and am developing the property at 805 S. Harbor Blvd., (corner of Harbor and
South Street). They were last in front of the Council on January 25, 2000 for a "fine tuning" of Conditional
Use Permit No. 4069 which was approved by a 4-1 vote (see minutes of January 25, 2000, Item D4.,
Public Hearing). Since that meeting and after the end of the ABC (Alcoholic Beverage Control) protest
period on their beer and wine license, the matter has turned into a high-profile issue. A new protest
against their license was received by Assemblyman Leu Correa's office. She then explained all that had
occurred relative to the licensing situation, ABC's involvement, the misunderstanding that is circulating in
the neighborhood, status of the protest, etc., leading now to a public meeting with all the protesters to be
held on May 25, 2000 at 7:00 P.M. at a place to be determined. (Assemblyman Correa's office is
organizing the community meeting.) In concluding, she stated she would like to take this opportunity to
extend an invitation to the members of the Council, Police Department and all other departments to please
attend the meeting and help the protesters and the Assemblyman's office to understand the City's shared
deep concern about ABC licenses, the many opportunities it (the Council) provides for the public to be
heard (due process) to make sure even the smallest detail of this or any other CUP is not overlooked
before final approval by the Council.
The following people spoke expressing their concerns/complaints relative to the treatment they received
while residing in the Eli Home (Santa Ana Canyon Road, Anaheim):
Theresa Obleski; Catherine Hampton; Therese Chamberlain. (All stated they were currently homeless
each having left the Eli Home because of the way they had been treated during their residency at the
home.)
Council Member Feldhaus. The Council will recall the situation surrounding the Eli Home which had been
to the Council on several occasions in past years and that the home is now operating without a permit. He
asked why they are being allowed to do so.
City Attorney, Jack White. His staff has been working with Code Enforcement and are planning to bring a
report back to the Council at one of the two remaining meetings in May to discuss that with the Council.
Linda Lee Grau, 24 Morning Dove, Irvine. Give Savis Roditis his 100 cabs.
The following people spoke relative to Item A29: Bob Cerince, Joseph Singh, Irene LaChance, Art
Castillo, Ross Romero. See discussion under that item.
MOTION:
Mayor Pro Tem McCracken moved to waive reading in full of all ordinances and resolutions to be
acted upon for the Council meeting of May 2, 2000. Council Member Kring seconded the motion.
Mayor Daly absent. MOTION CARRIED.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR A1 - A31: On motion by Mayor Pro Tem
McCracken, seconded by Council Member Kring, the following items were approved in accordance with
the reports, certifications and recommendations furnished each Council Member and as listed on the
Consent Calendar; Mayor ProTein McCracken offered Resolutions Nos. 2000R-72 and 2000R-73 for
adoption. Mayor ProTem McCrecken offered Ordinance No. 5726 for adoption. Refer to
Resolution/Ordinance Book.
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
MAY 2, 2000
Al.
A2.
A3.
118: Rejecting and denying certain claims filed against the City. Referred to Risk Management.
The following claims were filed against the City and actions taken as recommended:
a. Claim submitted by August R. Bianco, for property damage sustained purportedly due to
actions of the City on or about February 16, 2000.
b. Claim submitted by Horacio Chan for property damage sustained purportedly due to actions of
the City on or about March 3, 2000.
c. Claim submitted by August R. Bianco, for property damage sustained purportedly due to
actions of the City on or about February 16, 2000.
d. Claim submitted by Horacio Chan for property damage sustained purportedly due to actions of
the City on or about March 3, 2000.
e. Claim submitted by August R. Bianco, for property damage sustained purportedly due to
actions of the City on or about February 16, 2000.
f. Claim submitted by Horacio Chan for property damage sustained purportedly due to actions of
the City on or about March 3, 2000.
g. Claim submitted by Kap Sik Choi, for property damage sustained purportedly due to actions of
the City on or about February 28, 2000.
h. Claim submitted by Lisa Gaxiola for property damage sustained purportedly due to actions of
the City on or about February 1,2000.
i. Claim submitted by Ruben Ordaz, cio Mercury Insurance Corn, for property damage sustained
purportedly due to actions of the City on or about September 17, 1999.
j. Claim submitted by Sydney Triplett, I for bodily injury sustained purportedly due to actions of the
City on or about August 9, 1999.
k. Claim submitted by Don Waldschmidt, cio Suanne I. Honey, Esq., for property damage and
bodily injury sustained purportedly due to actions of the City on or about October 20, 1999.
156: Receive and file the Anaheim Police Department Crime and Clearance Analysis for the
month of March 2000.
105: Receive and file minutes of the Budget Advisory Commission meeting held March 20, 2000.
174: Receive and file an application of KidShuttle, Inc., filed before the Public Utilities
Commission of the State of California, for a certificate of public convenience and necessity and
the authority to operate as a passenger stage corporation between points in Orange and Los
Angeles Counties.
169: Award the contract to the lowest responsible bidder, Excel Paving Company, in the amount
of $266,572 for Kraemer Boulevard Street Improvements project from Miraloma Avenue to
Coronado Street and approve and authorize the Finance Director to sign agreement pertaining to
contract retentions.
A4.
A5.
A6.
A7.
A8.
A9.
Al0.
A11.
A12.
A13.
A14.
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
MAY 2, 2000
158: RESOLUTION NO. 2000R-72 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM dedicating certain City-owned property located on Freedman Way (formerly
Clementine Street) for use as a public street and accepting said property into the public street
system.
160: Accept the Iow bid of M.L. Uhlich Company, in the amount of $40,085 for the Hilton parking
structure repairs, in accordance with Bid #6027.
160: Accept the Iow bid of Air Comm Systems, Inc., in the amount of $42,049.50 for three
Technisonic T.F.M. 550 radios and three Technisonic ATC550 antenna/turners in accordance with
Bid ¢f-6019.
160: Accept the bid of Valmont Industries, Inc., c/o Matzinger-Keegan, in the amount of $59,864
for two tubular steel poles and attachments, in accordance with Bid #6009.
123: Authorize a Second Amendment to an Agreement with Image Choice, Inc., in an amount not
to exceed $89,595 for maintenance and support services for the document imaging systems for
the Police Department.
160: Waive Council Policy 306 and authorize the Purchasing Agent to issue a purchase order to
Cohu, Inc., in the amount of $34,336 for traffic surveillance camera equipment.
160: Waive Council Policy 306 and authorize the Purchasing Agent to issue a purchase order to
Eagle Traffic Control System, in the amount of $30,000 for software and hardware upgrades.
160/123: Waive Council Policy 306 and authorize the execution of an Agreement with California
Forensic Phlebotomy, Inc., in an amount not to exceed $75,000 including taxes, for phlebotomy
services for a one-year period beginning July 1, 2000, with four one-year optional renewals, and
authorize the Purchasing Agent to exercise renewal options.
123: Approve the Plumbing Utility Agreement between the City of Anaheim and J & D Plumbing,
Inc., which authorizes J & D Plumbing to provide various plumbing services, on a non-exclusive
basis, to persons at the Convention Center who require such services in connection with events.
The Plumbing contractor will pay the City of Anaheim a commission fee based on their gross
billings for services performed at the Anaheim Convention Center.
123: Approve the Electrical Utility Agreement between the City of Anaheim and Convention
Technical Services, Inc., which authorizes Convention Technical to provide various electrical
services on a non-exclusive basis, to persons at the Convention Center who require such services
in connection with events. The electrical contractor will pay the City of Anaheim a commission fee
based on their gross billings for services performed at the Anaheim Convention Center.
123: Approve the Electrical Utility Agreement between the City of Anaheim and Edlen Electrical
Exhibition Services which authorizes Edlen to provide various electrical services, on a non-
exclusive basis, to persons at the Convention Center who require such services in connection with
events. The electrical contractor will pay the City of Anaheim a commission fee based on their
gross billings for services performed at the Anaheim Convention Center.
A15.
123: Approve the Electrical Utility Agreement between the City of Anaheim and Capital Exposition
Electrical Services, Inc. (CEES) which authorizes CEES to provide various electrical services, on
a non-exclusive basis, to persons at the Convention Center who require such services in
connection with events. The electrical contractor will pay the City of Anaheim a commission fee
based on their gross billings for services performed at the Anaheim Convention Center.
8
ANAHEIM CALIFORNIA - CITY COUNCIL MINUTES
MAY 2000
A16.
123: Approve the Electrical Utility Agreement between the City of Anaheim and Trade Show
Electric which authorizes Trade Show Electric to provide various electrical services, on non-
exclusive basis, to persons at the Convention Center who require such services in connection with
events. The electrical contractor will pay the City of Anaheim a commission fee based on their
gross billings for services performed at the Anaheim Convention Center.
Council Member Feldhaus posed a line of questions relating to Items A12 through A16, his concern being
to assure that Anaheim companies were not being deprived of the opportunity to provide the needed
services; Greg Smith, General Manager of the Convention Center clarified the process noting that the
contracts are with companies that do business with shows in the Convention Center. The agreements
simply establish a commission that the company will pay to the City for the right to come into the City and
do that work. It is a process that has been in place for approximately 30 years; City Manager Ruth also
clarified that the contractor using the facility selects the companies. That decision is not made by the City
but by the Contractor renting the space. Mr. Smith further clarified for Council Member Feldhaus that they
in no way limit or restrict shows from contracting with Anaheim contractors.
A17.
123: Approve an Agreement with the City of Garden Grove enabling the City of
Anaheim/Convention Center to continue to provide parking enforcement within a designated area
of Garden Grove adjacent to the Anaheim Convention Center.
A18.
123: Approve an Agreement between Ground Systems, Inc., dba AirportBus and the City of
Anaheim which will permit AirportBus to staff and conduct an airport shuttle service from the
Anaheim Convention Center's main lobby kiosk as well as display advertising signs on selected
panels within the Anaheim Convention Center.
A19.
123: Approve the termination of the existing License Agreement between the City of Anaheim
and First World Anaheim, a California corporation (formerly known as Spectranet Anaheim),
which grants First World Anaheim an irrevocable license to use a portion of the Convention
Center's property for the purpose of a telecommunications access office and authorize the
Convention Center's Executive Director to sign a letter to First World giving notice of the City's
intent to terminate said Agreement.
123: Approve an Agreement with AB Cellular Holding, LLC, dba AT&T Wireless Services which
authorizes AT&T Wireless Services to place a cell site on the roof of the Anaheim Convention
Center.
Council Member Feldhaus posed questions for purposes of clarification which were answered by both
Greg Smith, General Manager of the Convention Center and City Attorney, Jack White.
123: Approve an Agreement with Pacific Coast Sightseeing Tour Company (PCSTC) to permit
PCSTC to staff and sell tour bus services from the Anaheim Convention Center's main lobby
kiosk as well as display advertising signs on selected panels within the Anaheim Convention
Center.
123: RESOLUTION NO. 2000R-73 RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM authorizing the destruction of certain City records more than two years
old. (Fire Department.)
A23. 129: Authorize the Fire Chief to receive a Hazardous Materials Emergency Preparedness
Planning Grant from the Governor's Office of Emergency Services.
153: ORDINANCE NO. 5726 (ADOPTION) AN 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. (introduced at the
meeting of April 11, 2000, Item A21 .)
9
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES
MAY 27 2000
A25. 123: Approve an Agreement with the California Highway Patrol to provide a commercial
enforcement training course to Anaheim Police Officers to be held May 8 - 19, 2000.
185: Determine, on the basis of the evidence submitted by The Irvine Company, that the property
owner has complied in good faith with the terms and conditions of Development Agreement No.
91-01 for the 1999-2000 review period (Mountain Park project).
A27. 114: Support the Anaheim Sister Cities Association by providing $5,000 for fiscal year 1999-00.
A28. 126: Establish the City of Anaheim as the "brand manager" for The Anaheim Resort logo and
name and take responsibility for licensing its use.
161: Approve the HUD Five-Year Consolidated Plan Document for program years 2000-2005,
and the One-Year Action Plan for FY 2000-2001 for the Community Development Block Grant
(CDBG), HOME, and Emergency Shelter Grant (ESG) programs for the City of Anaheim.
Submitted was report dated May 2, 2000 from the Community Development Department recommending
approval of the subject. (See HUD Consolidated Plan - Five-Year Strategic Plan for the City of Anaheim
2000-2005 - made a part of the record.)
The following people spoke to this item at the beginning of the Council meeting under Public Comments,
their major point of contention being, that although the Consolidated Plan states that new units will be
added to the City's housing stock, there is no strategic plan to do so and it is merely recycling existing
stock. Special emphasis was placed on the lack of housing opportunities for iow and very Iow income
families especially needed for those who will be employed at the new venues opening or planning to be
opened in the City (such as the Disneyland expansion and Pointe Anaheim).
Bob Cerince, 223 S. Atchison, Anaheim
Joseph Singh, 7870 E. Viewmount Court, Anaheim
Irene LaChance, United Food and Commercial Workers Union, 8530 Stanton, Buena Park representing
24,000 members in Orange County (approximately 4,000 in Anaheim)
(Aisc see the subject plan - Public Comments portion - letters received by Cerince, Singh and LaChance)
Art Castillo, W. Chateau, Anaheim (President, North Orange County LULAC)
Ross Romero, 225 N State Collge Blvd., Anaheim (Realtor)
Other issues broached: Mr. Singh expressed concern over the loss of housing units "due to the City's
ordinance on hotels", limiting stays to 30 days. He also asked the Council to support the Mercy Charities
Housing Project presently in process with City staff; Mayor Pro Tern McCracken clarified that there is no
City Ordinance regarding hotels/motels but that conditions were placed on several motels due to the
unacceptable living conditions at those particular establishments.
Ms. LaChance reported that although the City does not have an ordinance to limit the number of persons
in a hotel/motel, there are Neighborhood Councils putting forth an effort to effect ordinances that reduce
the number of people per housing unit. If that occurs it will further exacerbate the (housing) situation.
Council Member Tait. He is going to ask for a two-week continuance on this item for two reasons, (1) the
Mayor is out ill and he is concerned about housing issues and, (2) the speakers brought up good points
that he (Tait) would like to look into. Ms. LaChance pointed to the fact that the Jefferey-Lynne project
decreased housing stock causing disproportionate allocation of housing dollars. There is also a decrease
in housing because of the two motels on which the Council placed a 30-day occupancy limit. Those
issues should be addressed.
MOTION. Council Member Tait moved to continue Item A29 to the next scheduled Council Meeting on
May 16, 2000. Council Member Kring seconded the motion.
10
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES
MAY 2, 2000
Before a vote was taken, Mayor Pro Tern McCracken asked if this would cause any problem; Lisa
Stipkovich, Executive Director of Community Development stated there is a problem in that the document
is due at HUD by May 15, 2000 and would need to be approved tonight since there is no Council Meeting
on May 9. She explained that the five-year strategy is a comprehensive document and a lot of what is
currently in the plan is a continuation of programs operating for a long time in Anaheim. It is also subject
to change by the Council - the Council can amend it at any time and it is updated annually. Almost
everybody who spoke this evening had written letters which are incorporated in the document. Staff also
responded by modifying and amending the document particularly on pages 224 through 226. They did
elaborate more on new construction projects either in the "pipeline" or some that have been approved and
also even on some of the programs they presently operate that can provide for new housing in the future.
This is not a document where they nail down every single housing unit they are going to create over the
next five years but instead a broad strategy to talk about programs that wilt make it happen. She
reiterated, it can be amended at any time if they want to make changes.
Council Member Kring asked that the package be submitted to the Council earlier in future years in case
there is a problem; Mr. Stipkovich stated they can do that. She noted that they also work with all the non-
profits and would be happy to work with any and all especially if they can add their ideas to the programs
that they operate. They are also not limited to the programs contained in the plan. Approval does not lock
them into anything but it shows HUD that the Council/City has thought through what they would like to do,
i. e., goals and objectives, not just for housing but also infrastructure improvements. They are always
looking for properties to develop and willing to work with any developer interested in developing in the City.
Relative to the comment regarding Jeffrey-Lynne, they are actually adding square footage to the housing
stock and not removing any housing.
Council Member Tait noted, however, that with that plan they are actually decreasing the number of
housing units in Jeffrey Lynne; Mrs. Stipkovich stated they are adding square footage but creating more
housing. Further, rents are restricted to Iow income and the units will remain affordable for 55 years.
Council Member Tait. If a Special Meeting needs to be called, he will do that; otherwise, he will vote no.
He asked if he could make such a motion; City Attorney White stated he could do so but would first have
to withdraw the motion on the floor to continue the matter for two weeks.
MOTION. Council Member Tait thereupon withdrew his motion for a two-week continuance and moved
instead for a one-week continuance to a Special Meeting (May 9, 2000). Council Member Kring stated
she was supportive and thereupon seconded the motion.
Before action was taken, City Attorney White clarified that calling a Special Meeting takes three Council
Members, or the Mayor can call a Special Meeting.
A vote was then taken on the foregoing motion calling a Special Meeting and failed to carry by the
following vote: Ayes: Kring, Tait. Noes: Feldhaus, McCracken. (Three votes are necessary.)
Later in the meeting at the conclusion of the Consent Calendar when a vote was taken on all items
including Item A29, the Council approved the HUD Five-Year Consolidated Plan Document, et al., on
which Council Member Tait voted no.
A30.
123: Approve and authorize the Public Utilities General Manager to execute amendments to
Utility Pole Lease Agreements with ICG Telecom, TCG, Nextlink, Los Angeles SMSA Limited
partnership (AlrTouch Cellular), and Time Warner Entertainment and execute a new Utility Pole
Lease Agreement with Adelphia Communications for the term of 25 years.
A31. 114: Approve minutes of the Anaheim City Council meeting held April 11,2000.
11
ANAHEIM CALIFORNIA - CITY COUNCIL MINUTES
MAY 2000
Roll Call Vote on Resolution Nos. 2000R-72 and 2000R-73~ for adoption:
AYES:
NOES:
ABSENT:
MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken
MAYOR/COUNCIL MEMBERS: None
MAYOR/COUNCIL MEMBERS: Daly
The Mayor ProTem declared Resolution Nos. 2000R-72 and 2000R-73, duty passed and adopted.
Roll Call Vote on Ordinance No. 5726 for adoption:
AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken
NOES: MAYOR/COUNCIL MEMBERS: None
ABSENT: MAYOR/COUNCIL MEMBERS: Daly
The Mayor ProTem declared Ordinance No. 5726 duly passed and adopted.
END OF CONSENT CALENDAR. Mayor Daly absent. MOTIONS CARRIED.
A32. 121: CONTINUED PUBLIC HEARING - RESOLUTION OF NECESSITY - STATE COLLEGE
BOULEVARDISR-91 FREEWAY IMPROVEMENT PROJECT:
To consider the adoption of a resolution finding and determining the public interest and necessity
to require condemnation of certain real property located in the State College Boulevard/SR-91
Freeway improvement project area and authorizing legal counsel for the City to proceed with said
condemnation action. (Continued from the meetings of March 7, 2000, Item A26c, March 28,
2000, Item A23, and April 11,2000, Item A26.)
City Attorney White explained at the request of Mayor Pro Tern McCracken that this is a continued Public
Hearing. On March 28, 2000 (see minutes that date), a full Council was not present as is the case tonight,
although different Council Members were/are absent, and the required 4/5's vote was lacking. The
Council has the right to take additional testimony at this time since he believes at the last hearing, the
intent was not to close the process. One of the issues was relative to changes to be made to the plans for
remodeling that would be necessary as a result of part of the take of the property. After a brief staff
report, the Council can hear from the property owner or his representative again.
Natalie Meeks, Development Services Manager, Public Works. She explained that Caltrans has
completed their work at the 91 Freeway overpass and the adjacent on and off ramps. The proposed
project completes the work on State College to join the Caltrans improvements. It will bring the
intersection to an acceptable level of service; without the project, the level of service fails. With the
exception of this parcel, acquisition of the right-of-way required for the project has been completed
through agreement with the property owners. As of this date, staff is working to reach a final agreement
with Mr. Biard. The City has also increased the offer to Mr. Biard based on additional information and re-
evaluation by the City's Appraiser. Tonight, they are asking the Council to move forward with the project
and approve the Resolution of Necessity. It is important to complete the intersection as quickly as
possible since the Caltrans work has left the area "unfinished". Failure to complete the project would not
only significantly impact traffic on State College, but also would put the City in jeopardy of losing the grant
funding which would require the City to refund to OCTA all the money that has already been spent for
design and right-of-way acquisition.
Mayor Pro Tem McCracken asked to hear from either the property owner or a representative.
Jeff Farano, Attorney, 2300 E. Katella, Anaheim, speaking for the Biards, reported that since the last
meeting they have worked closely with staff on several issues that were raised. He is pleased to state that
12
ANAHEIM, CALIFORNIA - CiTY COUNCIL MINUTES,
MAY 2, 2000
an understanding has been reached and the offer by the City is acceptable with some minor variations that
can be worked out (see letter dated April 25, 2000 to Mr. and Mrs. Biard from Natalie Meeks,
Development Services Manager - Re: Revised offer for Acquisition by the City of Anaheim of portions of
property at 1419 and 1423 N. State College Blvd. - made a part of the record).
There being no other persons who wished to speak, Mayor Pro Tem McCracken closed the Public
Hearing.
Council Member McCracken offered Resolution No. 2000R-74 for adoption. Refer to Resolution Book.
RESOLUTION NO. 2000R-74 RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM DETERMINING THE PUBLIC INTEREST AND NECESSITY
FOR ACQUISITION OF A PORTION OF CERTAIN REAL PROPERTY LOCATED
AT 1419 AND 1423 NORTH STATE COLLEGE BOULEVARD FOR THE
PURPOSES OF CONDUCTING ROADWAY IMPROVEMENT (R/W 5175-6A &
6B).
Roll Call Vote on Resolution No. 2000R-74 for adoption:
AYES:
NOES:
ABSENT:
MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken
MAYOR/COUNCIL MEMBERS: None
MAYOR/COUNCIL MEMBERS: Daly
The Mayor ProTem declared Resolution No. 2000R-74, duly passed and adopted.
A33. RESIGNATION - PARKS AND RECREATION COMMISSION:
Accept the resignation of Gladys Wallace, Park and Recreation Commission (term expires June
30, 2000) and direct the City Clerk to post the Notice of Unscheduled Vacancy.
MOTION: Mayor ProTem McCracken moved to accept the resignation of Gladys Wallace from the Park
and Recreation Commission, with regret, directing the City Clerk to post the Notice of Unscheduled
Vacancy. Council Member seconded. Mayor Daly absent. MOTION CARRIED.
items B1 throuRh B5 From Planning Commission MeetinR of April 10~ 2000: (No action necessary
unless Council desires to set a particular item for public hearing) APPEAL PERIOD ENDS MAY 2,
2000:
BI.
179: CONDITIONAL USE PERMIT NO. 4188 AND NEGATIVE DECLARATION:
OWNER: Delilah E. Johnston, Trustee, c/o Paul Kott, 1225 West Lincoln Avenue, Anaheim, Ca
92805
AGENT: Paul Kott, 1225 West Lincoln Avenue, Anaheim, CA 92805
LOCATION: 1609 West Cerritos Avenue. Property is 1.15 acres located on the north side of
Cerritos Avenue, 650 feet west of the centerline of Bayless Street (Vietnamese American
Buddhist Center).
To permit and construct a cultural and meditation center with accessory caretaker's residence.
ACTION TAKEN BY THE PLANNING COMMISSION:
13
ANAHEIM CALIFORNIA - CITY COUNCIL MINUTES
MAY 2000
CUP NO. 4188 DENIED (PC2000-41) (5 yes votes, Commissioner Bostwick voted no and
Commissioner Vanderbilt was absent).
Approved Negative Declaration.
B2.
179: RECLASSIFICATION NO. 99-00-19~ WAIVER OF CODE REQUIREMENT
CONDITIONAL USE PERMIT NO. 4189 AND NEGATIVE DECLARATION:
OWNER: Bel Air Enterprises, Inc., 1205 East Chapman Avenue, Orange, CA 92866
AGENT: Robert Achin, 35 Dunn Street, Laguna Niguel, CA 92677
LOCATION: 2871-2897 West Lincoln Avenue. Property is 1 acre located at the northeast corner
of Bel Air Street and Lincoln Avenue.
Reclassification No. 99-00-19 - To reclassify subject property from the CH (Commemial, Heavy)
Zone to the CL (Commercial, Limited) Zone.
Conditional Use Permit No. 4189 - To permit sales of beer and wine for on-premises
consumption in conjunction with the expansion of an existing restaurant and to establish
conformity with existing Zoning Code land use requirements for an existing commercial retail
center with waiver of minimum number of parking spaces.
ACTION TAKEN BY THE PLANNING COMMISSION:
Reclassification No. 99-00-19 GRANTED UNCONDITIONALLY (PC2000-42) (6 yes votes,
Commissioner Vanderbilt absent).
CUP NO. 4189 APPROVED, beer and wine sales portion of the request approved for two years to
expire April 10, 2002 (PC2000--43).
Approved waiver of code requirement.
Approved Negative Declaration.
Council Member Feldhaus posed a line of questions relative to the proposed Reclassification and
Conditional Use Permit which were answered by Greg Hastings, Zoning Division Manager and Joel Fick,
Planning Director; City Attorney White also clarified that the deadline for setting the item for a Public
Hearing was this evening and if he (Feidhaus) wanted additional information, the matter could be trailed
until later in the meeting to give Planning staff the opportunity to provide the plans for the project. (The
matter was trailed until after the Public Hearing portion of the agenda.)
Later in the meeting, the Planning Director submitted the plans for review by Council Member Feldhaus
noting that the plan answered the question relative to where the expansion of the restaurant was to occur.
The plans indicated it would be in the building to the west where the sign was located for the law office
building. The floor plan shows six additional tables placed within that area.
Council Member Feidhaus, having additional questions and concerns, stated he would like to set the
matter for a Public Hearing before the Council; Mayor Pro Tem McCracken concurred noting it was as a
courtesy to Council Member Feldhaus so that his concerns could be addressed.
A Public Hearing on the subject will, therefore, be scheduled for a later date.
B3.
179: CONDITIONAL USE PERMIT NO. 4186 CATEGORICALLY EXEMPT-CLASS 32:
OWNER: Roger Eickhoff, 2831 East Gretta Lane, Anaheim, CA 92806
LOCATION: 2831 East Gretta Lane. Property is 0.48 acre located on the north side of Gretta
Lane, 430 feet east of the centerline of Blue Gum Street.
To establish conformity with existing Zoning Code land use requirements for an existing
contractor's storage yard and to permit the retail sales, storage, servicing and maintenance of
recreational vehicle trailers.
14
B4.
B5.
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
MAY 2, 2000
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 4186 GRANTED for two years to expire April 10, 2002 (PC2000-44) (6 yes votes,
Commissioner Vanderbilt absent).
179: VARIANCE NO. 4383 AND NEGATIVE DECLARATION:
OWNER: Gilbert Bershatsky, 2529 Brandon Lane, Burleson, Texas 76028
Evergreen Devco Inc., Attn: Tim O'Neil, 2929 East Camelback Road #100, Phoenix, Arizona
85106
LOCATION: 940-956 South Brookhurst Street. Property is 1.3 acres located at the northeast
corner of Ball Road and Brookhurst Street (Proposed Walgreens).
Waiver of required lot consolidation and to amend or delete conditions of approval pertaining to
existing lot lines for a previously-approved drive-through pharmacy.
ACTION TAKEN BY THE PLANNING COMMISSION:
Approved requested waiver and amendment to the conditions of approval for Variance No. 4383
(PC2000-45) (6 yes votes, Commissioner Vanderbilt absent).
Negative Declaration previously-approved.
REPORT AND RECOMMENDATION ITEMS:
179: CONDITIONAL USE PERMIT NOS. 15 AND 172 - REQUEST FOR DETERMINATION OF
SUBSTANTIAL CONFORMANCE
CEQA STATUTORY EXEMPTION - ONGOING PROJECT: Kerry Lawler, K.W. Lawler and
Associates, Inc., 2832 Walnut Avenue, Suite A, Tustin, CA 92780, requests a determination of
substantial conformance to allow the adjustment of various lot lines, deletion of an approved
recreational amenity and to revise the parking space allocation for an existing mobile home park.
Property is located at 501 East Orangethorpe Avenue (Rancho La Paz Mobilehome Park).
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NOS. 15 and 172 determined to be in substantial conformance.
B6.
Item B6 From PlanninR Commission MeetinR of April 24, 2000: (No action necessary untess
Council desires to set a particular item for public hearing) APPEAL PERIOD ENDS MAY 4,
2000:
179/170: VARIANCE NO. 4394~ TENTATIVE TRACT MAP NO. 16034~ SPECIMEN TREE
REMOVAL NO. 2000-03, AND NEGATIVE DECLARATION:
OWNER: Deterding Family Trust, Attn: Leo G. and Margaret M. Deterding, 7655 Silver Dollar
Lane, Anaheim, CA 92808
AGENT: Canyon Crest Estates, Attn: Thom Falcon, 1501 Westcliff Drive, Suite 260, Newport
Beach, CA 92660
LOCATION: 104 South Canyon Crest Drive. Property is 3.8 acres located on the south side of
Santa Aha Canyon Road, 155 feet east of the centerline of Martin Road. This property also has
frontages of 205 feet on Canyon Crest Drive (private street) and 671 feet on Saddleback Lane
(private street).
Variance No. 4394 - Waiver of (a) minimum lot depth adjacent to scenic expressway and (b)
waiver of private street width and improvements.
Tentative Tract No. 16034 - To establish a 7-lot single-family residential subdivision.
Specimen Tree Removal Permit No. 2000-03 - To permit the removal of twelve (12) specimen
trees.
ACTION TAKEN BY THE PLANNING COMMISSION:
NOTE: VARIANCE NO. 4394 AND SPECIMEN TREE REMOVAL NO. 2000-03 HAVE A 22-DAY
APPEAL PERIOD WHtCH EXPIRES
MAY 16, 2000.
Variance No. 4394 GRANTED (PC9000-46) (7 yes votes).
Approved Tentative Tract Map No. 16034.
15
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
MAY 2, 2000
Approved Specimen Tree Removal No. 2000-03.
Approved Negative Declaration.
B7.
END OF THE PLANNING COMMISSION ITEMS.
Items B7 throuRh Bll From the Zoninfl Administrator MeetinR of April 20~ 2000 {Decision
Date: April 27~ 2000): (No action necessary unless Council desires to set a particular item for
public hearing) APPEAL PERIOD ENDS MAY 12, 2000:
179: SPECIAL CIRCUMSTANCE WAIVER NO. 2000-02, CEQA CATEGORICALLY EXEMPT -
CLASS 4:
OWNER: Susan Lundgren, Orange County Transporter Organization, 3472 Montair Avenue, Long
Beach, CA 90808
LOCATION: 1501-1551 South Douqlass Road (Tejas/Arrowhead Pond parkin,q lot): Property is 7.3
acres located 1,428 feet on the west side of Douglass Road 690 feet north of the centerline of
Katella Avenue.
Waiver to permit a one day special event permit for an automobile show in the ML (Limited
Industrial) Zone.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Approved Special Circumstances Waiver No. 2000-02.
B8.
B9.
179: ADMINISTRATIVE ADJUSTMENT NO. 2000-00190, CEQA CATEGORICAL EXEMPTION,
SECTION 15061(b)(3)
OWNER: R and U Builders, P.O. Box 3564, Covina, CA 91722
LOCATION: 810 and 814 North Lemon Street. Property is 0.28 acres having a frontage of 108 feet
on the east side of Lemon Street and a maximum depth of 112 feet and located 148 feet north of the
centerline of North Street.
Waiver of maximum lot coverage (35% permitted; 37% proposed) to construct two detached one-
story single-family residences on two contiguous lots in the RM-2400 (Residential, Multiple
Family) Zone.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Approved Administrative Adjustment No. 2000-00190 (ZA DECISION NO. 2000-18).
179: ADMINISTRATIVE ADJUSTMENT NO. 2000-00193~ CEQA CATEGORICAL EXEMPTION
SECTION 15061 (b)(3),
OWNER: California Mortgage Service, 400 North Tustin Avenue, Santa Ana, CA 92705
AGENT: Reza Dadashi, 856 North Commerce Street, Orange, CA 92867
LOCATION: 7559 East Vista Del Sol: Property is 0.58 acre having a frontage of 422 feet on the
north side of Vista Del Sol and a maximum depth of 150 feet and located 300 feet west of the
terminus of Vista Del Sol.
Waiver of minimum front yard setback to construct a single-family residence in the RS-HS 22,000
(SC)(Residential, Single-Family Hillside; Scenic Corridor Overlay) Zone.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Approved Administrative Adjustment No. 2000-00193 (ZA DECISION NO. 2000-19).
BIO.
170: TENTATIVE PARCEL MAP NO. 92o163, CEQA CATEGORICALLY EXEMPT - CLASS 15:
OWNER: Mary Ann Kouri, 251 South Peralta Hills Drive, Anaheim, CA 92807.
AGENT: Connie Kouri, 251 South Peralta Hills Drive, Anaheim, CA 92807.
LOCATION: 1120-1130 West La Palma Avenue: Property is 3.25 acres having a frontage of 238
feet on the south side of La Palma Avenue and located 175 feet west of the centerline of West
Street.
16
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
MAY 2, 2000
To establish a 2-lot commercial subdivision for an existing medical office complex in the CL
(Commemial, Limited) Zone.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Approved Tentative Parcel Map No. 92-163 (ZA DECISION NO. 2000-20).
B11. 170: TENTATIVE PARCEL MAP NO. 2000-112 AND MITIGATED NEGATIVE DECLARATION:
OWNER: Yorba Orange Growers Association, P.O. Box 69, Anaheim, CA 92815
AGENT: Lakeview and Orangethorpe Business Center LLC, 1805 East Garry Avenue # 100, Santa
Aha, CA 92705
LOCATION: 1500 North Lakeview Avenue: Property is 7.71 acres having a frontage of 274 feet on
the east side of Lakeview Avenue with a maximum depth of 1,300 feet and located 120 feet south of
the centerline of Orangethorpe Avenue.
To establish a 6-lot industrial subdivision for the future construction of an industrial complex
consisting of 6 industrial buildings in the SP94-1, Development Area No. 2 (Expanded Industrial)
Zone.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Approved Tentative Parcel Map No. 2000-112 (ZA DECISION NO.
2000-21 ).
Approved Mitigated Negative Declaration.
END OF THE ZONING ADMINISTRATOR ITEMS.
B12, 179: ORDINANCE FOR ADOPTION:
ORDINANCE NO, 5728 (ADOPTION) AN ORDINANCE OF THE CITY OF ANAHEIM
NORTHEAST AREA SPECIFIC PLAN NO. 94-1, AMENDMENT NO. 1. (Introduced at the
meeting of April 18, 2000, Item C3.)
Mayor ProTem McCracken offered Ordinance No. 5728 for adoption. Refer to Ordinance Book.
ORDINANCE NO. 5728 (ADOPTION) AN ORDINANCE OF THE
CITY OF ANAHEIM NORTHEAST AREA SPECIFIC PLAN NO. 94-1,
AMENDMENT NO. 1. (INTRODUCED AT THE MEETING OF APRIL 18,
2000, ITEM C3.)
Roll Call Vote on Ordinance No. 5728 for adoption:
AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken
NOES: MAYOR/COUNCIL MEMBERS: None
ABSENT: MAYOR/COUNCIL MEMBERS: Daly
The Mayor ProTem declared Ordinance No. 5728 duly passed and adopted. ORDINANCES FOR INTRODUCTION:
Mayor ProTein McCracken offered Ordinance Nos. 5729 and 5730 for first reading.
B13. 179: ORDINANCE NO. 5729 (INTRODUCTION) AMENDING TITLE 18 TO
REZONE PROPERTY UNDER RECLASSIFICATION NO. 99-00-13 LOCATED AT 127
SOUTH HARDING AVENUE FROM THE RS-7200 ZONE TO THE RS-5000 ZONE.
17
B14.
ANAHEIM CALIFORNIA - CITY COUNCIL MINUTES
MAY 2000
179: ORDINANCE NO. 5730 (INTRODUCTION) AMENDING TITLE 18 TO REZONE
PROPERTY UNDER RECLASSIFICATION NO. 99-00-14 LOCATED AT 1256 EAST
LINCOLN AVENUE FROM THE CH ZONE TO THE CL ZONE.
C1. 179: RECLASSIFICATION NO. 99-00-161 WAIVER OF CODE REQUIREMENT CONDITIONAL
USE PERMIT NO. 4178AND NEGATIVE DECLARATION:
OWNER: David and Sandra Huarte, Trustees of the, Joseph Huarte Trust UDT, 5036 Tierra Del
Oro, Carlsbad, CA 92008-4350
AGENT: Joseph Boules, 20575 Easthill Drive, Yorba Linda, CA 92887
LOCATION: 891 South State Colleqe Boulevard. Property is 1.54 acres located at the northwest
corner of Vermont Avenue and State College Boulevard (St. Verna Orthodox Coptic Church).
Reclassification No. 99-00-16 - To reclassify subject property from CL (Commercial, Limited)
Zone, RM-1200 (Residential, Multiple-Family) Zone and RS-7200 (Residential, Single-Family)
Zone to RS-A-43,000 (Residential, Agricultural) Zone.
Conditional Use Permit No. 4178 - To construct a church facility (including a multiple purpose
assembly hall and Sunday school classrooms) in three phases, including temporary trailers for
church use before and during construction with waiver of required setback for institutional uses
adjacent to residential zones - APPROVED, (b) minimum number of parking spaces -
APPROVED, (c) maximum structural height - APPROVED, (d) required front yard setback -
APPROVED, (e) required rear yard setback - DENIED and (f) minimum dimensions of parking
spaces - DENIED.
ACTION TAKEN BY THE PLANNING COMMISSION:
Reclassification No. 99-00-16 GRANTED UNCONDITIONALLY (PC2000-24) (7 yes votes).
CUP NO. 4178 GRANTED IN PART, approving waivers (a), (b), (c) and (d), and denying waivers
(e) and (f) (PC2000-25) (6 yes votes, Commission Koos voted no).
Waiver of code Requirement APPROVED, IN PART.
Approved Negative Declaration.
informational item at the meeting of March 28, 2000, Item B3. Review of the Planning
Commission's decision requested by Mayor Pro Tem McCracken and Mayor Daly.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in North County News: April 20, 2000
Mailing to property owners within 300 feet: April 20, 2000
Posting of property: April 21,2000
Greg Hastings, Zoning Division Manager briefed the Staff Report to the Planning Commission dated
March 13, 2000 which described the subject proposal; subsequently, John Lower, Traffic and
Transportation Manager answered questions posed relative to parking. He noted that a parking study was
completed by a registered Traffic Engineer (see, Parking Study for the proposed St. Verena Coptic
Orthodox Church in the City of Anaheim prepared for: Father Joseph Boules - Prepared by Katz, Okitsu
& Associates, Tustin - previously made a part of the record.) The Engineer used previous data collected
for other churches outside the City. Staff substantiated that by looking at the prior parking waivers for
churches and found it to be in the "ball park." The Code requires 270 spaces but that is combined use at
the same time of the assembly and sanctuary. However, there is a condition imposed on the project
stating that only one building can be used at any time. Worst case would be use of the assembly where
160 would be the code. That compares to the 100 spaces provided or 63% of code. Based on staff's
evaluation of the material submitted, the parking study was approved. He added that church parking is
very variable and explained the reasoning. He concluded that they do not have any history of violations or
oven'iow parking problems being reported.
Mayor Pro Tem McCracken expressed her concern relative to parking noting that the neighborhood itself
does not have a great deal of parking available. If the church violates the provision that they cannot use
both the sanctuary and the multi-purpose assembly hall at the same time, it would be difficult to enforce
and puts future City Councils in a bind; Council Member Kring noted that the Copitc Church is unique in
18
ANAHEIM CALIFORNIA - CITY COUNCIL MINUTES
MAY 2000
that there are certain rules and regulations that they must follow where they cannot have dual services
taking place at the same time. Also, they cannot grow past a certain number and if they do, they have to
start another church.
Mayor Pro Tem McCracken pointed out that the CUP goes with the property and not with the church. If
the church moved and another church utilized the property, they would not be bound by the rules of the
Coptic Church.
Mayor Pro Tern McCracken opened the Public Hearing asking first to hear from a representative of the
property owner and those supporting the project followed by those in opposition.
Applicant's Statement: Father Joseph Boules, agent for the project on behalf of the owners. He first
introduced Reverend Father Michael Gebrow who will subsequently speak about not allowing the church
to grow over a certain size, and Mr. Rock Miller, the Independent Consultatnt who completed the Traffic
Report. Mr. Dan VanDorp, a member of the City's Budget Advisory Committee, was unable to be present
tonight but was going to write a letter (on behalf of the church). Father Boules then gave an extensive
presentation describing their proposal supplemented by slides of the site plan and plan of the Church
facilities. He also gave an overview of what had taken place since they presented their plan to the
Planning Commission on February 28, 2000 (also see minutes of the Planning Commission meetings of
February 28 and March 13, 2000) including their attempts to meet with the neighbors at two meetings set
by the Church but which none of the neighbors attended.
Father Boules then addressed the concerns brought forward by the neighbors. (See two-page letter dated
April 25, 2000 from Father Boules to the Mayor and Council addressing the concerns expressed by the
neighbors, the major one being parking, and the Church's response to those concerns. Letter previously
made a part of the record). Major points addressed: No one can access the property except from
Vermont and State College; if people parked on Tyrol Place they would have a very long walk to the
church so there is no impact from the project on Tyrol Place; it was misconstrued that the park (Boysen)
was going to be used for parking for the church; the church building and the fellowship hall will not and
cannot be used at the same time; their religion does not allow stacked services; there are ample parking
spaces; even though the church building looks large, it cannot hold many people. (A slide of the interior
church plan was shown to illustrate that out of a 5,000 to 6,000 sq. ft. building, there is only approximately
3,900 sq. ft. of seating.) He concluded that they were looking forward to meeting with their neighbors but
they did not exercise their right to come to their meetings. Although there was a meeting held by the
neighbors on April 13, the Church was not invited to give their side. He is concerned about the
misrepresentations that might have occurred at that meeting.
Mayor Pre Tem McCracken and Council Member Kring posed a line of questions which were answered by
Father Boutes wherein he clarified the following: relative to the use of the assembly hall, it is for
parishioners to have fellowship after the liturgy; weddings must take place inside the church and if there is
a reception in the hall, the church is closed at that time; the size of the fellowship hall is also restricted
since the second story is used for Sunday school; a portion the floor area (shown on the plan) of the
fellowship hall is going to be used as an altar area temporarily until the church is built which renders that
portion of the hall unusable for about five years until completion of the church; the bells will not be a noise
factor since they are for cosmetic purposes only (they will not have "arms" in the bells). Relative to church
services, the hours are 8:00 a.m. to 9:30 p.m. They are asking tonight to extend the hours from 9:30 to
10:00 p.m. on weekdays (8:00 a.m. to 10:00 p.m.). The only night they have services is Tuesday night for
those 22 to 40 years of age starting at 7:00 until 10:00 P.M. Friday and Saturday night they occasionally
have services that go up to 11:00 p.m. but these services are attended by only seven to ten people.
Father Michael Gabriel, resident of Anaheim, stated the philosophy of the Bishop and the Diocese of Los
Angeles, is to open new churches instead of having larger churches. The Bishop feels that small
congregations are served better with one priest instead of a huge church A priest cannot handle more
than 100 to 150 families. Normal church attendance is 50 to 75 people at any one time. St. Verena is
considered a small church.
19
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
MAY 2, 2000
Rock Miller, Traffic Engineer, Katz, Okitsu & Associates. He addressed the parking and traffic issues as
outlined in report dated January 17, 2000 (see Parking Study for the Proposed St. Verena Coptic
Orthodox Church in Anaheim). At the conclusion of his presentation, he stated he does not see a parking
problem with the proposal. He recommends that the parking be on the order of one stall for three seats.
Further, if the Coptic Church did not happen to be occupying the property ten years down the line, another
church could be very comfortable with that (ratio). He also clarified for Council Member Feldhaus that he
does not believe there are any substandard parking spaces being proposed.
Mayor Pro Tem McCracken noted that Mr. Miller made a comment that if in ten years down the line the
subject congregation was not occupying the facility it would still not have a parking problem. She noted
there are a number of churches in Anaheim with serious parking problems, even some new churches; Mr.
Miller explained his reasoning, in finality, suggesting one of the ways to alleviate such problems is to
spread the time between services. After answering additional questions, he (Miller) also stated he
neglected to mention that they indicated in the parking study, if the (Church) parking lot happened to be
full, it was their assumption people would park in the City lot across the street (at Boysen Park) because it
is the closest available parking to the church. They did not mean for that to be a plan, intent or design.
They were merely trying to indicate if it overflowed, the major overflow would be in the City park.
Mayor Pro Tem McCracken noted that Boysen Park is a very busy park and the parking even now is very
tight; Mr. Miller. He does not forsee it as a problem; people will park in the closest places. They
estimated the demand for the church at 55 cars for a typical service, 100 parking spaces are proposed,
thus it would be just more than one-half full for a typical service.
The following people then spoke in favor of the project and for approval of Conditional Use Permit No.
4178 and Reclassification 99-00-16:
Georgette Farag, Activities Director of the Church, 699 Pathfinder Trail, Anaheim.
Michael Tadros, Deacon, Youth Director and Sunday School Servant at St. Verena's, 1244 E.
Sandalwood, Anaheim
Linda Lee Grau, 24 Morning Dove, Irvine. (She asked that the Council reduce the size and cost of
government.)
Sam Hanna, Engineer, City of Brea and Board Member of the Church
Reasons in favor as expressed by those who spoke: A church is important in the lives of youth and family,
it is a very positive addition to the community, parking will not exceed 100 spaces, new churches will be
opened if St. Verena's continues to grow, the history has been, once their churches are established, they
do not go away, it is important for their family and children to have the proposed church.
The following people spoke in opposition to the project:
George Steele, resident of Murrieta (He and his wife own the property at 1816 Tyrol Place, Anaheim).
Don Capon, President, East Anaheim American Little League (also see his letter dated April 26, 2000
outlining his concerns which he read - made a part of the record)
Ray Reymundo, 1816 E. Tyrol Place, Anaheim (He referred to a packet of information previously
submitted to the Mayor and Council Members; City Attorney White reported that staff is not aware of any
ex-parte material that the Council has received and, if not entered into evidence tonight, it is not part of the
hearing. A copy of the material was subsequently submitted and made a part of the record. See packet
with covering page 12 of Council Agenda of 5/2/00 submitted on April 28, 2000).
Monte Asbra, 877 S. Verde St., Anaheim
Galen Clark, speaking for Ruth Harp, read a letter from Mrs. Harp expressing her points of concern (re:
handicapped brother who in attempting to cross State College near Vermont, has been hit twice by cars).
20
ANAHEIM CALIFORNIA - CITY COUNCIL MINUTES
MAY 2000
Elias Sanchez, 1811 E. Tyrol Place, Anaheim (he also asked that those neighbors present in opposition to
stand - there were approximately 25 residents)
John Berling, 1829 Tyrol Place, Anaheim
Reasons/concerns in opposition as expressed by those who spoke: starkness of the view that would be
created by the proposed wall (especially looking out from 1816 Tyrol Place), maintenance, access,
landscaping, property devaluation, walling off a residence; a new church tenant might reinstall arms in the
bells; at a minimum, ask staff to research each of the concerns raised and report back to Council; lack of
notification of the Planning Commission meeting; there is a already a lack of parking in the area and
especially at Boysen Park, the already existing parking problem will be exacerbated by the proposal; the
size of the building is too large; concerns for child safety; increase in traffic, increase in accidents over and
above those that have already occurred in the area, lack of traffic control at intersections; there is
insufficient parking in the street; questions posed related to the parking study.
Ray Reymundo, 1816 Tyrol Place, Anaheim, along with his presentation, also showed slides to justify the
concerns of the residents of the area especially relative to parking. (Also see the extensive packet of
material previously submitted to the Council and now made a part of the record outlining the major
concerns, i.e., (1) increased traffic flow into the residential area, (2) insufficient parking for proposed
project, (3) insufficient notice and opportunity to be heard.) lie urged the Council to take the proposal
under strong consideration, think of the consequences it would have on the community, deny the project,
and rezone the area residential.
Mayor Pro Tem McCrecken, noting that no other persons wished to speak in opposition, asked to hear
from Father Boules or his designee to sum up; subsequently the Public Hearing would be closed.
Nashaat Benyamein, Ali-Star Realtors, speaking on behalf of the Church. One way or the other, the land
will be built on at some time. There is a parking problem now, She questioned why it has not been
addressed before asking the City to eliminate the problem. She also spoke to the times of services which
do not coincide with other activities in the area. There is already trash in the area. The Church tried to
communicate with everyone close to the property,
Joel Fick, Planning Director. He noted that one of the speakers stated he was not notified of the meeting
(before the Planning Commission). He reported that the lot involved was just outside of the 300'
notification radius. He then explained the three different ways residents are notified of the meetings.
Summation by Applicant: Father Joseph Boules. lie answered/rebutted many of the concerns expressed
by the residents relative to notification, parking, parking spaces, conditions imposed, trash, that the
heaviest church use is on Saturday evenings after 5:30 p.m. and Sunday mornings up until 12 noon thus
not affecting traffic and the safety of children since there is no heavy use during week days, the 100
parking spaces are sufficient, etc. Due to the restrictions on the setbacks, they would be happy to provide
more spaces if the City is willing to give a variance and lower the requirements for the setbacks. The
setbacks are initiated by their cooperation with the City to rezone the property - 1.1 acres of the 1.5 acres
is zoned commercial and not residential. Over one acre of the property is already commercial. A two-
story apartment building could be built or a mini-mart and the frequency and volume of traffic will be more
than just Saturday nights and Sunday mornings.
Council Member Tait interjected and asked staff to clarify the situation relative to the current zoning of the
property; Joel Fick. About 2/3's of the property is presently zoned commercial and the remaining portion is
single family and multiple family. On the commercial portion, there could be retail shops, offices and like
uses that could be built as a matter of right as well as a restaurant without alcohol sales (see Staff Report
to the Planning Commission of March 13, 2000).
Father Boules. The Church does not have a certain ordinance or zoning and will always need a CUP.
They could keep the property as commercial but as a good gesture of the Church, they are agreeing it will
be a residential lot from now on. Relative to the park issue, the park closes at 10:30 p.m. Should there be
21
ANAHEIM CALIFORNIA - CITY COUNCIL MINUTES
MAY 2000
a need to use the park for parking on Christmas or New Years Eve, it would be from 10:30 p.m. to 12:00
a.m. or three hours total in the entire year if they need to do that, but he does not believe even that will be
necessary.
Joel Fick, Planning Director, answering Council Member Kring relative to the proposed block wall, the
color is shown on the plans. Further, landscaping plans need to come back if the project is approved.
There was a concern about the starkness of the walls. The Anaheim Municipal Code requires it to be
planted with vines. He explained two options available when the plans come back.
A line of questions were then posed to Father Boules by Council Member Kring and Mayor Pro Tem
McCrecken for purposes of clarification at the conclusion of which, the Public Hearing was closed.
Questions were then posed to staff by Council Members, the first by Council Member Feldhaus wherein
staff clarified that the access to the church is taken from Vermont and there is also a driveway on State
College Boulevard. Emergency vehicles enter or exit off either driveway. Relative to the bells, there is no
proposal to have (ringing) outdoor bells but if the Council would like to adjust/clarify the condition, they
could do so.
Council Member Feldhaus stated if the project is approved, that condition should be very specific. He
noted from Father Boules' letter that in the liturgies they have very Iow attendance averaging about 20
people; however, the church has seating for approximately 300 people. Regarding the rationale on the
parking spaces, he cannot live with that in good conscience. The new church at LaPalma and Bmokhurst
used the same reasoning. He is now ashamed of what they approved on that church proposal. It is
greatly overparked making it difficult to get down Breokhurst. They misrepresented what they thought
would be the attendance. He has heard controverted testimony tonight which is enough to cause him
concern. He cannot support the project for some of the reasons he has heard.
Council Member Kring. They have heard a lot of problems about State College and Vermont. She asked
if there was any way staff can do a traffic study to alleviate those problems; John Lower, Traffic and
Transportation Manager. Based on testimony this evening, they will include in their work list an analysis of
the traffic signal and its phasing at State College and Vermont and will do a multi-way stop sign warrant at
Vermont and Wayside. Also relative to the previous discussion, the parking study indicated that the
average Sunday would have about 2/3's of the seats full.
Council Member Tait. He also wants staff to look into the feasibility of increasing the parking at Boysen
Park. That seems to be an existing problem and something they should look at. He notes that the
majority of the property, right now, is zoned commercial. If they vote no, the next thing they could see is a
retail-commercial center built without notifying anybody because it could be built by right. Looking at the
plans for the church which requires a CUP, it is a very small church and the church and the assembly hall
cannot be used at the same time, otherwise the permit will be terminated (Condition 13). He does not see
the Church using both facilities at the same time. There are 100 parking spaces. Even when it is packed
full, one car per three people which is minimal, there is still parking available. He further does not see the
church using parking beyond its boundaries. This is an issue of property rights. If the use is not a
nuisance to the neighbors, the property owners ought to be able to build what they want.
Council Member Feldhaus. He agrees, but on the other hand, he questioned why an RSA43,000 zoning
and then two commercial properties; Joel Fick. Staff encouraged the applicant to do that. That is the
dilemma that has been discussed. In the future, there would be more control for the property owner and
if the land changed down the road, there would be hearings and it could be evaluated at that time. When
there are multiple zonings on a development piece of property, staff would be determining or helping the
applicant determine for the proposal to the Planning Commission and City Council what is the most
appropriate zoning. The RSA431000 is the most appropriate on a consolidated basis for this particular
land-use proposal.
22
ANAHEIM CALIFORNIA - CITY COUNCIL MINUTES,
MAY 2, 2000
Mayor Pro Tem McCracken. She asked if they could build the church without a zoning change; Joel Fick.
Answered that is correct, but a church requires a CUP in any zone. He also confirmed and reiterated for
Council Member Tait, they could build the church without any zone change but with a CUP. He further
confirmed for the Mayor Pro Tem that relative to trash cleanup on the property, whether on either side of
the walt, is the property owner's responsibility.
Council Member Kring. She agrees with Council Member Tait. It is a wonderful project for the
neighborhood and the applicant has addressed the concerns. Aisc, the fact that the church is willing to
change the classification to residential speaks well that they want to help the neighborhood. If they do
grow exponentially, the Bishop mandates that they cannot with one priest have more than 150 families.
By Church law they must build a new church. She feels the church is very attractive and it will be a
welcome product to the community.
Mayor Pro Tem McCracken. She still has concerns about parking. Father Boules offered their fellowship
hall to the East Anaheim American Little League to use if they wish in answer to Mr. Capon's concerns.
She questioned if that were done, will there then be additional problems. She fears in the future (if
approved) it will come back to haunt them because of insufficient parking. If so, the City would have
difficulty going after a church and their CUP. She reiterated, she is still concerned about the number of
parking spaces. Her decision is not for today but what happens with the growth of the church.
Council Member Tait. The proposal has gone through a tremendous amount of scrutiny relative to
parking. Professional Planning staff passed it overwhelmingly. He feels it would be a shame if it does not
pass for what he does not see as a real reason. Studies say it will not be an issue. It will be an asset to
the community. If it is not a nuisance to the community, the property owner should be able to develop the
property as they wish.
ENVIRONMENTAL IMPACT REPORT - NEGATIVE DECLARATION: On motion by Council Member
Tait, seconded by Council Member Kring, the City Council approved the Negative Declaration upon finding
that it has considered the Negative Declaration together with any comments received during the public
review process, and further finding on the basis of the initial study and any comments received that there
is no substantial evidence that the project will have a significant effect on the environment. Mayor Daly
was absent. MOTION CARRIED.
Council Member Tait offered resolutions approving Reclassification No. 99-00-16 and granting Conditional
Use Permit No. 4178. The roll call vote was as follows: Ayes: Kring, Tait. Noes: Feldhaus McCracken.
Absent: Daly. Resolutions failed to carry due to a tie vote (three votes needed to adopt a resolution).
Mayor Pro Tem McCracken. Since the vote is a tie, a decision will have to be postponed until Mayor Daly
can listen to the tape (or view the video), review the materials, and then the issue brought before the
Council again at a future meeting for full Council action.
City Attorney White. By Council rule, due to the tie vote, the matter is automatically continued to the next
regular meeting, which is May 16, 2000 at 6:00 P.M. He pointed out that the hearing has been closed and
no additional testimony will be taken other than for members of the Council, including the Mayor, to have
an opportunity to pose questions. The record has been made. The Mayor will view the video tape or
listen to the audio tape. In addition, no additional written material will be deemed a part of the hearing.
COUNCIL COMMUNICATIONS:
Council Member Tait: He reiterated his request that the decision to retain the name George
Washington Park for the former George Washington Community Center site be placed on the next
meeting agenda (5/16/00) for a vote of the Council.
23
ANAHEIM~ CALIFORNIA - CITY COUNCIL MINUTES~
MAY 2~ 2000
ADJOURNMENT: By generat Council consent, the Council Meeting of May 2, 2000 was adjourned (9:27
P.M.). The next scheduled meeting is Tuesday, May 16, 2000.
SHERYLL SCHROEDER
CITY CLERK
24