2001/10/16
ANAHEIM, CALIFORNIA - CITY COUNCIL MEETING
OCTOBER 16, 2001
The City Council of the City of Anaheim met in regular session.
PRESENT: Mayor Tom Daly, Council Members: Lucille Kring and Shirley McCracken. Council
Members Frank Feldhaus and Tom Tait entered the Chamber at a later time.
STAFF PRESENT: City Manager Jim Ruth, City Attorney Jack White, City Clerk Sheryll
Schroeder, Public Works Director Gary Johnson, Parks Superintendent Jack Kudron, Planning
Director Joel Fick, Zoning Division Manager Greg Hastings, Executive Director of Community
Development Elisa Stipkovich and Traffic and Transportation Manager John Lower.
A copy of the agenda for the meeting of the Anaheim City Council was posted on October 12,
2001 , at the City Hall inside and outside bulletin boards.
Mayor Daly called the regular meeting to order at 3:08 P.M. in the Council Chambers of the
Anaheim City Hall, 200 South Anaheim Boulevard.
ADDITIONS/DELETIONS TO CLOSED SESSION: None.
PUBLIC COMMENTS - CLOSED SESSION ITEMS: None.
Mayor Daly moved to recess to Closed Session, seconded by Council Member McCracken.
Motion carried unanimously. The Council recessed to Closed Session at 3:09 P.M.
1. 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.
2. CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE
SECTION 54957.6:
Agency designated representative: David Hill
Employee organizations: Anaheim Police Association.
3. ANNUAL EMPLOYEE PERFORMANCE EVALUATIONS:
Titles: City Manager, City Attorney, City Clerk and City Treasurer
AFTER RECESS:
Mayor Daly called the regular Council meeting of October 16, 2001 to order at 5:09 P.M. and
welcomed those in attendance.
INVOCATION: Pastor Robb Ring, East Anaheim Christian Church
FLAG SALUTE: Council Member Tait
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ANAHEIM CITY COUNCIL MEETING MINUTES
OCTOBER 16, 2001
PAGE 2
PROCLAMATIONS AND DECLARATIONS:
Presentation of a $500 graffiti award was made by Code Enforcement Supervisor, John Poole,
to Bill Rebensdorf who reported a graffiti incident. The phone number to report graffiti, reported
Supervisor Poole, was 765-5158.
Recognitions to be presented at a later date were: Recognizing the North Orange County
Business and Professional Women's Organization of Orange County's Women of Achievement
for 2001; Proclaiming October 21 - 27,2001, as World Population Awareness Week;
Proclaiming October 14 - 20, 2001, as YWCA Week Without Violence and Proclaiming October
2001 as Clergy Appreciation Month
ADDITIONS/DELETIONS TO THE AGENDA: None
PUBLIC COMMENTS:
Steve Nelson, Southern California Edison, referred to correspondence he had submitted to
'Council regarding the partnership between the City and Edison. He requested that the task
force recommendation be continued to allow Edison the opportunity to meet with the task force
and discuss the development plans and potential public use needs on the corridors on a site
specific basis.
James Robert Reade, 100 West Midway Drive, Space #124, Golden Skies Mobile Home Park,
spoke about a civil matter and said that he believed that there was not appropriate police
protection at Council meetings or at Golden Skies Mobile Home Park. He added that people
had been thrown out of their homes on Lincoln Avenue.
Seferino Garcia referred to Item A22, youth sports facilities, and expressed his support of
Council Member Tail's efforts to develop a facility and assist the Anaheim Pop Warner. He
requested that the park developed at Santa Ana Street and Walnut Street be named after
Ceasar Chavez. He noted that the Walnut Neighborhood Council met on September 10, 2001
and Park Planner, Richard Mayer, was present.
Lynne Manuel, 956 South Kaplan Street, said that the Chin Ma Yah Mission at 899 South West
Street had applied for a permit to place a rear driveway that exited onto Vermont Avenue and
into a residential area. She said that Traffic Engineering approved the plan that took part of a
resident's driveway without their knowledge or written consent and the plan impacted the
residents in a negative way. Traffic Engineering reported that the traffic was because the
Mission no longer complied with Conditional Use Permit 3524, she said, and this was originally
a residential lot. The Mission applied for a rezoning of the lot and had to apply for a variance
since they did not have adequate parking for this type of facility. The Mission should have had
64 parking spaces and the City had granted the variance allowing only 28 parking spaces based
the 35 members in the Church and a maximum of thirteen cars parked at the facility. The
Mission told the residents that there were now 168 families that attended the facility and there
would not be a traffic problem if they were in compliance with their conditional use permit. She
said that she believed that the driveway should not have been approved and that it was not up
to Code and there had always been an eight-foot wall there and the Mission took it down to put
in the driveway. She submitted pictures to the Council and stated that she was circulating a
petition with the residents.
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ANAHEIM CITY COUNCIL MEETING MINUTES
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Mayor Daly asked staff to follow up on the issue and provide an explanation to Council.
Tony Romero, 1103 West Vermont Avenue, said that he purchased his home at the end of a
cul-de-sac and it was quiet with no traffic. He said that the Department of Public Works had
issued a permit to build a gate, which knocked down the six-foot wall and traffic had increased.
He said that his children could not play in the cul-de-sac anymore because of the Chi Ma Yah
Mission at 899 West Street. When he purchased his home six months ago, no one had told him
that the gate was going up or he would have never purchased the home. He asked Council to
look into the gate problem and stated that he was waiting for a call from Code Enforcement
Supervisor, John Poole.
Mayor Daly asked the City Manager to report back with details.
City Manager Ruth stated that he would report back on the situation in one week.
Judith Seraphini, 278 North Wilshire Avenue, spoke on Item A22 regarding youth and sports
facilities. She said that the facilities were needed especially since there had been a rise in
crime rate. She said that the Pop Warner teams were very committed and needed a permanent
home. She added that the Downtown Community Center had to turn away kids for the five year
old through fourteen year old basketball and that there was an overload and gymnasiums were
needed. She said that she would prefer that the youth play sports rather than do graffiti.
Desa Oswaldi, spoke in favor of item A22. He said he attended the games and he had seen
young children playing. He said that the City had the land and he asked Council to vote in favor
of Item A22.
Laurie Gonzalez, spoke on Item A22 and said that the sports facility was necessary and the
expansion of available services and recreation places were available for youth. She said that
she believed in prevention through the use of sports facilities, recreational activities, etc, were
beneficial for youth and the community. She asked what type of comprehensive cultural plan
had the Community Services Department enacted for the City.
Mayor Daly stated that the cultural plan had been adopted by the Council many months ago and
he directed Ms. Gonzalez to follow up with the City Clerk or Community Services Department to
obtain a copy of that document.
Patty Gaby, representative of the soccer board, said that the status going into daylight savings
time was that there were 120 teams and 38 were clinic. The 38 would not be able to practice at
all since there was no space under lights for them to practice. She stated that Division 4 was
practicing one day per week and the other competition was practicing two to three days per
week. The fields were shared because of adult softball leagues, she said, and Pop Warner and
eighty percent of the adult leagues were not residents. She said that her soccer team was 100
percent residents and they were getting kicked off of those fields because of the need for the
facilities. She asked about plans and where the money was going in the City and asked the
Council to push for more facilities.
An unidentified Hispanic woman spoke in Spanish.
Alma Ramirez, 100 West Midway Drive, Golden Skies Mobile Home Park, stated that she had a
problem accessing documents from different departments and specifically Code Enforcement.
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128
173
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ANAHEIM CITY COUNCIL MEETING MINUTES
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PAGE 4
She asked for documents to provide to the court on her case and said that the Health
Department, Code Enforcement and Building and Safety had not provided them.
Steve Smeade introduced his soccer team, the Hawks, and said that his was one of 120 teams
and said that the number of teams was growing by ten percent per year. He stated that his
team had to compete for facilities with football, men's baseball and other sports and the team
was still growing and kids had to be turned away. He asked for support of his team and more
facilities.
Linda Burnett asked to speak about the Maag Ranch property. Mayor Daly referred her to the
hearing on the Maag Ranch property, Item C2.
Will King, 6801 Western Avenue, spoke regarding a complaint he had with the Police
Department.
Tom Doyle, 141 Serro Vista Way, a soccer and baseball coach in Anaheim hills, said he had
gone around to different cities and tournaments in the four years he had coached and said that
Anaheim had the worse facilities for sports compared to other cities. Other cities had great
facilities with great fields, snack bars and restrooms and he said he thought that the City needed
to do something. The youth of the City, he said, were more important than a lot of the other
issues addressed in the City.
Seferino Garcia, spoke about killings and gang situations in certain areas of the City. He said
that the Police Department should get together with the parents of those killed and let them
know what was going on in the investigation and he added that the killings in the City had
stopped by ninety percent.
Larry Slagle, Anaheim Chamber Economic Development Committee, explained that the
Committee was to work with the City and businesses in the City to encourage businesses to
locate or to stay in the City. He stated that there would be an economic development
conference in January. He said that a key factor of protecting property and insuring employee
safety was the existence of a first class fire department which also attracted and retained
Anaheim businesses. Mr. Slagle said that this was National Fire Prevention Week and the
Committee commended the City's first class Fire Department.
Mayor Daly moved to waive reading in full of all ordinances and resolutions, seconded by
Council Member McCracken. Motion carried unanimously.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR A1 - A20: 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. Item A6 was continued to October 23, 2001
and Item A7 was continued to no date certain. Mayor Pro Tem McCracken offered Resolutions
Nos. 2001 R-260 through 2001 R-262 and Ordinance Nos. 5783, 5786 and 5787 for adoption.
Motion carried unanimously except for Mayor Daly's abstention on Item A 10.
A1.
Reject certain claims filed against the City.
A2.
Receive and file the Monthly Financial Analysis Report presented by the Finance
Director for one month ended July 31, 2001; Southern California Gas Company's Notice
of Proposed Changes to Gas Rates; minutes of the Mother Colony House Advisory
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ANAHEIM CITY COUNCIL MEETING MINUTES
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PAGE 5
Board meeting of June 6, 2001; minutes of the Public Utilities Board meetings of August
2, 2001 and September 6, 2001; minutes of the Golf Advisory Commission meeting of
August 30, 2001; and minutes of the Library Board meeting of September 6, 2001.
161
A3.
Award the contract to the lowest responsible bidder, Elite Bobcat Service, Inc., in the
amount of $109,938.60 for the North Anaheim and Citron/Haster Community
Development Block Grant Neighborhood Improvement Projects and approve and
authorize the Finance Director to execute the Escrow Agreement pertaining to contract
retentions.
169
A4.
Approve Contract Change Order No.1 with R.J. Noble Company, in the amount of
$27,974.71, for the East Street improvements from Vermont Street to Ball Road.
158
A5.
Approve and authorize the Mayor and City Clerk to execute the Acquisition Agreement
and authorize the payment of $46,268, for real property located at 1687 West Lincoln
Avenue for the Lincoln Avenue/Euclid Street Intersection Improvement Project.
123
A6.
Approve and authorize the Mayor and City Clerk to execute the agreement with Merit
Civil Engineering, Inc., in an amount not to exceed $356,000, for design services for the
Lincoln Avenue Median Island Beautification Project, Phase II to Phase IV.
Council Member Tait moved, seconded by Mayor Daly, for a one-week continuance to
October 23, 2001. Motion carried unanimously.
A7. ORDINANCE NO. (INTRODUCTION) AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF ANAHEIM amending the City of Anaheim Resort Area
Procedural Ordinance (Assessment District).
160 A8. Accept the low bid of Scott Engineering, in the amount of $38,020 (excluding tax), for
four Padmounted Capacitor Banks, for the period of November 1 , 2001 through October
31, 2002, with three one-year optional renewals and authorize the Purchasing Agent to
exercise the renewal options in accordance with Bid #6214.
123 A9. Approve an agreement with James D. Ruth for consulting services for a period of one
year commencing January 1, 2002.
123 A 10. Approve and authorize the Public Utilities General Manager to execute the agreement
with Carollo Engineers, P.C., in an amount not to exceed $539,273, to provide
professional engineering services to the Public Utilities Department to design and
oversee the construction of permanent disinfection facilitias at fivQ existing high-capacity
groundwater production wells.
Mayor Daly abstained on Item A 10 due to a conflict of interest.
153
A 11. RESOLUTION NO. 2001 R-260 RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM providing for additional temporary partially paid military leave of
absence and continuation of benefits for City employees called to active duty with the
Armed Forces.
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ANAHEIM CITY COUNCIL MEETING MINUTES
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PAGE 6
127 A 12. Pursuant to Section 511 of the Charter of the City of Anaheim, a copy of the full text of
the following proposed emergency Ordinance is available for public review in the City
Clerk's Office, Monday through Friday between 8:00 A.M. and 5:00 P.M.
123
168
179
142
129
ORDINANCE NO. 5786 (URGENCY) AN UNCODIFIED EMERGENCY
ORDINANCE OF THE CITY COUNCIL 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 and declaring the urgency
thereof.
ORDINANCE NO. 5783 (ADOPTION) AN UNCODIFIED ORDINANCE OF THE
CITY COUNCIL 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 Council meeting of September 18,
2001, Item A9).
174
A 13. Authorize the Community Services Department to accept a grant from the California
State Library in the amount of $50,000 to fund the Digital Anaheim Project and increase
the budget for both revenue and expenditures in Fund 217 in the amount of $50,000 for
fiscal year 2001/2002.
A 14. Authorize the Director of Community Services to send a letter to the Orange Unified
School District notifying them of the City's desire to extend the Lease Agreement for use
of their land at Crescent Elementary School/Peralta Canyon Park for an additional 25
years.
A15. RESOLUTION NO. 2001R-261 RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM changing the name of North Temple Street to North Community
Drive.
A 16. RESOLUTION NO. 2001 R-262 RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM amending Resolution 2000R-219, nunc pro tunc, relating to
zoning (Reclassification No. 2000-29).
A17. ORDINANCE NO. 5787 (INTRODUCTION) AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF ANAHEIM amending the zoning map referred to in Title 18
of the Anaheim Municipal code relating to zoning (Reclassification No. 2000-29).
A 18. Waive the advertising and sealed bid requirement of Council Policy No. 306 to expedite
the acquisition of certain fire equipment and materials, in an amount not to exceed
$1,068,680, for Fire Department's response to Weapons of Mass Destruction incidents.
In response to Council Member Feldhaus, City Manager Ruth reported that the funds had been
set aside in the bonds for the Resort Area and in addition to some of the funding the City
received through the bonds, was a thorough grant. He said that the equipment had been
identified long ago and was needed to supplement the existing capabilities within the City. This
was not general funded, he said, since it was from the Resort Area bond proceeds in addition to
a federal grant.
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ANAHEIM CITY COUNCIL MEETING MINUTES
OCTOBER 16, 2001
PAGE 7
123
A 19. Approve and authorize the Mayor to execute the Amendment to Agreement between the
City and Golden West Medical Center to conduct annual firefighter medical examinations
for a period of two years, beginning January 1, 2002.
114
A20. Approve minutes of the Council meetings of September 25, 2001 and October 2, 2001.
END OF CONSENT CALENDAR
106 A21. To consider additions and/or deletions to the budget for the fiscal year 2001/2002.
No action taken. This item to be placed on the agenda of October 23, 2001.
150 A22. Discuss and consider youth sports facilities (Requested by Council Member Tait at the
Council meeting of October 2, 2001).
Mayor Daly stated that City staff, Parks staff and City Manager had updated the report and
highlighted five initiatives under way right now. It included the expansion of the original Ross
Park plan, he said, adjacent to Ross School; expansion of Yorba Regional Park; expansion of
Maxwell Park in west Anaheim which was in the master planning process and would soon be in
design; lighting some of the existing junior high school ball fields and the expansion of La Palma
Park which was well under way in terms of property acquisition and planning. He said that staff
was working with CalTrans on the use of some surplus property which may be large enough to
accommodate some soccer fields.
In response to Council Member Feldhaus, City Manager Ruth stated that the Southern
California Edison six-acre property by Maxwell Park was part of the franchise agreement that
the City was negotiating with Edison. He said it was consistent with other licenses that Edison
had issued in other cities and he saw that there was no reason why Edison could not lease that
property to City so that Maxwell Park could be expanded.
Parks Superintendent, Jack Kudron, said that Community Services had asked Edison about the
right of way to the west of Maxwell Park and because of the master plan and funding it was
appropriated. He said that the master planning consultant agreement was approved in August
and the community meetings would start next month in terms of what Community Services
could fit on the site. He informed the Council that part of the master planning would provide
Community Services with alternatives as to what could be done with the easement if it could be
used and if it could not be used or only partially used. He said that the easement would be an
opportunity to place more athletic fields at Maxwell and he added that they would probably not
be lit because of the overhead wires and some neighbor issues that would be close on the west
property line. He said that the right of way at Maxwell was integrated with the entire franchise
agreement issue and it was part of the whole negotiation process. The letter of intent had been
asked for and the City had not yet received it.
City Manager Ruth stated that those negotiations were extracted from the overall franchise
discussions. Edison had been reluctant to do that and made sure that the park and request was
incorporated into the franchise discussion. He informed Council that Steve Nelson was present
from the Southern California Edison Company and said that he may be able to shed some light
an it.
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ANAHEIM CITY COUNCIL MEETING MINUTES
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PAGE 8
Steve Nelson, Southern California Edison Company was present and stated that Edison had
been in negotiations with the City Manager's Office on the franchise agreement and had been
uncertain as to the disposition of the properties. He said that he would be reconvening
negotiations with the City Manager's Office this week and he acknowledged the City's need for
some type of document that would show the intent.
Council Member McCracken said that twenty years ago the residents faced the same challenge
with the fields and she said that it was a priority for Council. She added that it was good for the
youth to be involved in these types of activities rather than getting into trouble even though it
was a challenge in the City to find spaces. She said that maybe the park rangers need to assist
in enforcing that adult teams not be in the park area playing when the youngsters should have
first choice. She noted that the adults could play at a later hour than the youngsters.
Council Member Tait asked Parks Superintendent Jack Kudron about the adult leagues where a
majority of participants were not Anaheim residents and asked if there was a policy as far as
scheduling the fields and lighted fields. Mr. Kudron said that his department was trying to
balance between the two demands and there was a tremendous demand for adult soccer and
softball. He said, in the past, there had been as many as 300 adult softball teams during the
year, then had diminished down to 140 teams per year citywide. Typically, he said, what his
department tried to do was schedule the youth programs on the weekdays between 4:30 P.M.
and 7:00 P.M. and the adult programs after that. Mr. Kudron said that relative to Council
Member Tail's concerns about residency, there were teams that had non-residents on them.
They were typically considered a resident team if the team was sponsored by someone in
Anaheim, like a business. He said an example was that a business could sponsor their own
employees to play on the team and many of them may not be Anaheim residents but given that
they were sponsored by an Anaheim business, they were considered an resident team.
Council Member Tait asked staff to look into that and he said he believed that the priority would
go to the residents and the youth first so that the kids had a place to practice and play.
Typically the youth leagues were 100 percent Anaheim residents and he would vote on the side
of giving them priority over a business that sponsored a team with non-Anaheim residents. He
asked to come up with a policy to change the existing operation.
Mr. Kudron said that they would look at the options and layout the ramifications for some
ground-work that could be a policy change.
Council Member Tait asked to have placed on the agenda for the next week, an item where
Council would vote on making youth sports a priority and the development of youth sports
facilities a priority in Anaheim. He asked for a report back from staff as far as how fields were
allocated between resident youth leagues and adult non-resident leagues. He added that he
would like to continue the item to the next meeting of October 23, 2001 and asked that a motion
be placed on the agenda to make youth sports facilities a priority.
155 A23. Discuss and consider initiation of a General Plan Amendment to consider redesignation
of property to the General Open Space land use designation and designation of a trail
system and initiate proceedings for a reclassification of properties to the Open Space
Zone.
Council Member Tait declared a conflict of interest and left the Council diazo
ANAHEIM CITY COUNCIL MEETING MINUTES
OCTOBER 16, 2001
PAGE 9
Planning Director, Joel Fick, presented a staff report to Council. He said that an
interdepartmental task force team had been looking at this and a detailed initial report was
presented to Council for consideration. He summarized by saying there were three sets of
easements identified designated in the report as power lines A, Band C. He said that staff
believed it warranted more detail study regarding enhancement and trail and recreation usage.
A survey had been included of several cities that were effected by similar power line routes and
photos of potential enhancements. He pointed out that this was strictly an initiation of actions
for Planning purposes. He stated that it would take about six months to gear up for the hearing
process and there would be additional discussions with Southern California Edison. Public
hearings were required by Planning Commission and Council before any amendments to the
General Plan and reclassifications would be considered, he finalized.
In response to Council Members McCracken and Kring, Planning Director Fick stated that
Planning and Community Development staff continued to examine the individual parcels and
detailed opportunities for both the trails and the park and recreation opportunities. He said that
this would happen concurrently with the Edison Company and all of the findings of the studies
that were undertaken would come back to the Planning Commission and Council. He restated
that this was just the initiation of the General Plan and reclassification detailed studies.
Steve Nelson, Manager, Southern California Edison, stated that he had worked in the other
communities where Edison had licensed parks. He said it was not necessary to rezone and
down grade the properties and if the City entered into discussion with Edison, he believed that
both sides would benefit as well as the community. He said that since this may have a rezoning
and reclassification of properties, he would like to see this go away and continue to negotiate
with the City and find opportunities to place trails without reclassifying or down grading the
property.
Council Member Kring asked Mr. Nelson how the open space was accomplished in the other
cities since there was not a downgrading of the zoning. Mr. Nelson said that there was a
number of ways to accomplish this and he was willing to meet with Planning or the task force
and discuss methodologies. Mr. Nelson said that in the past he had offered to have Edison's
corporate real estate division come in and present a program that would enable the City's task
force to understand what Edison was doing on their properties and look for ways Edison could
work with the City to achieve the City's and Edison's goals.
Council Member McCracken mentioned that the other cities Mr. Nelson had been referring to
had zoning under the right of way and referred to them as open space zoning. Mr. Nelson said
that Edison did have property that was available and believed that there was a way to make
public use of some parts of the property. Mr. Nelson said he would be meeting with the City
Manager's Office this next week.
Council Member Kring suggested that nothing be done on the initiation since Mr. Nelson wanted
to work with the task force. She said that once this was down zoned to open space that some
of the properties could be used to generate revenue for the City. She was concerned that there
were no storage areas for boats and recreational vehicles and she said that they should not be
placed on the street. Some of the areas were not big enough for open space and she
suggested that Edison talk to staff before voting to do anything with the initiation.
Mayor Daly stated that Council had to provide staff with a vision and he said that it could not be
predicted how much of the Edison property would end up on an open space designation since
the process was just being launched. There were many places where recreational vehicles
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ANAHEIM CITY COUNCIL MEETING MINUTES
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PAGE 10
could be stored and to preserve the easements for those types of uses meant that the citizens
would not be able to enjoy the Edison easements as open spaces. He said it worked well in the
City of Fountain Valley and they had forty acres of parks under the Edison power lines
maintained by the City.
Council Member McCracken asked about the time frame before Council would see this as a
general plan amendment or change in designation after obtaining input from the community and
Southern California Edison. Planning Director Fick said that staff estimated that it would be
about five to six months to initiating the hearings.
In response to Council Member Feldhaus, Planning Director Fick said that in the Code the
Council and the Planning Commission had authority to formally initiate the studies toward
review of the items at future public hearings.
In response to Council Member Kring, Director Fick said that he would encourage a discussion
to see what other options Southern California Edison had.
Mayor Daly moved, seconded by Council Member McCracken, to approve the staff report,
recommendations and partnership coordination with the Southern California Edison Company.
Roll call vote: Ayes - 4, Mayor Daly and Council Members McCracken, Feldhaus and Kring.
Noes - O. Abstain - 1, Council Member Tail. Motion carried.
179 A24. Discuss and consider Jeffrey Farano's request for retroactive extension of time for
Conditional Use Permit No. 4084 and the Negative Declaration to allow time to comply
with conditions of approval (originally approved on January 4, 1999 with an extension to
expire January 4, 2001) for a previously-approved outdoor recreational vehicle and boat
self-storage facility with an on-site manager's office/living unit, located at 1631 South
Euclid Street, Southern California Edison Easement. At the Planning Commission
meeting of June 18, 2001, Conditional Use Permit No. 4084 was approved for a
retroactive extension of time for one year to expire on January 4, 2002 and the Negative
Declaration was previously approved by 6 yes votes, Commissioner Bristol was absent.
(Continued for discussion purposes from Council meeting of July 10, 2001, Item 89,
requested by Mayor Daly and Council Member McCracken. Continued from Council
meeting of July 24, 2001, Item A31 and August 21, 2001, Item A31).
Planning Director, Joel Fick, presented a staff report and noted that the Community
Development Department had recommended denial of the request based upon findings of the
West Anaheim Redevelopment and Revitalization Plan. He noted that Planning staff had been
concerned about the incompatibility of the proposed use to the adjacent single-family
neighborhood.
In response to Council Member Kring, Director Fick was not aware as to any reasons why the
project did not proceed. Council Member Kring noted that the community had wanted to be rid
of the nursery because of the vermin and she noted that this would be a good area for the
storage facility.
City Attorney White stated that according to the representative of the applicant, on April 17,
2001 a letter submitted requesting the current extension because the property and Edison had
not been able to reach agreement upon the details of the project within the power line
easement.
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ANAHEIM CITY COUNCIL MEETING MINUTES
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PAGE 11
Director Fick added that that letter had been written after the other permit had expired at that
time.
Mayor Daly moved, seconded by Council Member McCracken, to support the staff
recommendation to deny the request for a retroactive extension of time for Conditional Use
Permit No. 4084 and incorporate the findings of the staff report.
Roll call vote: Ayes - 4, Mayor Daly and Council Members McCracken, Feldhaus and Kring.
Noes - O. Abstain - O. Council Member Tait temporarily absent. Motion carried.
There was no action taken on the CEQA Finding of Negative Declaration.
173 A25. To consider the request for continuance to November 13, 2001, by Larry Slagle, Yellow
Cab Company of Northern Orange County for non-exclusive franchises for the purpose
of operating taxicab services in the City pursuant to City Charter Section 1401 and
Anaheim Municipal Code Chapter 4.73.
Mayor Daly moved, seconded by Council Member Feldhaus, to approve the request of Yellow
Cab Company of Northern Orange County to continue the non-exclusive franchises for the
purpose of operating taxicab services in the City to November 13, 2001.
Roll call vote: Ayes - 4, Mayor Daly and Council Members McCracken, Feldhaus and Kring.
Noes - O. Abstain - O. Council Member Tait temporarily absent. Motion carried.
Items B1 throuah B8 From Plannina Commission Meetina of
September 24. 2001: (No action by City Council required unless expressly indicated. Council
may consider and act upon such matters at its discretion. Items requiring a public hearing may
be set for hearing at a later date upon the request of any two Council members.) APPEAL
PERIOD ENDS OCTOBER 16, 2001:
81. CONDITIONAL USE PERMIT NO. 2001-04433
179 CATEGORICALLY EXEMPT - CLASS 1:
OWNER: Richter Farms Trust, 5505 Garden Grove Boulevard, #150 Westminster, CA
92683
AGENT: Interpacific Asset Management, 5505 Garden Grove Boulevard, #150,
Westminster, CA 92683
LOCATION: 1052-1098 North Colleae Boulevard and 2021 East La Palma
Avenue. Property is approximately 6.9 acres located north and east of the northeast
corner of State College Boulevard and La Palma Avenue (Granada Square).
To establish land use conformity with existing Zoning Code land use requirements for an
existing commercial retail center, laundromat and liquor store and to permit a
convenience market.
ACTION TAKEN BY THE PLANNING COMMISSION:
Conditional Use Permit No. 2001-04433 granted (PC2001-134) (6 yes votes,
Commissioner Eastman absent).
Mayor Daly asked Planning Director Fick if Conditional Use Permit No. 2001-04433 was
recommended with all the conditions and he said it was. Director Fick noted that this was a
ANAHEIM CITY COUNCIL MEETING MINUTES
OCTOBER 16,2001
PAGE 12
conformity item and the only new item coming in would be the convenience market, which was
more of a meat and groceries market with no beer and wine. He said that the landscaping,
signage and parking lot would be refurbished as part of the request.
Mayor Daly said that the parking lot owners sometimes installed trees in the parking lot to shade
the acres of asphalt and then the commitment was not fully kept.
179
82. CONDITIONAL USE PERMIT NO. 2001-04435
WAIVER OF CODE REQUIREMENT
CATEGORICALLY EXEMPT - CLASS 1:
OWNER: Palmall Properties, Attn: Arthur Shipkey, 1428 Bay Avenue Newport Beach,
CA 92661
AGENT: Pacific Design Group, Attn: Alex Burrola
1747 South Douglass Road, #B, Anaheim, CA 92806
LOCATION: 900 West Lincoln Avenue. Property is approximately 0.58 acre located
at the southwest corner of Lincoln Avenue and Ohio Street (Anaheim Carwash).
To retain and expand an existing car wash to include accessory take-out fast food
service with waiver of minimum number of required parking spaces.
ACTION TAKEN BY THE PLANNING COMMISSION:
Conditional Use Permit No. 2001-04435 granted, in part (PC2001-138) (6 yes votes,
Commissioner Eastman was absent)
Waiver of Code Requirement denied.
179
B3. CONDITIONAL USE PERMIT NO. 2001-04329
WAIVER OF CODE REQUIREMENT
CATEGORICALLY EXEMPT - CLASS 4:
OWNER: Krishan UKA LLC, 650 Town Center Drive, #1720
Costa Mesa, CA 92626
AGENT: Anaheim Marriott, Attn: Mark A. Vasquez
700 West Convention Way, Anaheim, CA 92802
LOCATION: 700 West Convention Way. Property is approximately 15.06 acres with a
frontage of 995 feet on the south side of Convention Way located 480 feet west of the
centerline of Harbor Boulevard (Anaheim Marriott Hotel).
To reinstate Conditional Use Permit No. 2001-04329 with a waiver of minimum number
of parking spaces to permit the use of a temporary tent for convention operations at the
existing Anaheim Marriott Hotel through December 31, 2002.
ACTION TAKEN BY THE PLANNING COMMISSION:
Approved reinstatement of Conditional Use Permit No. 2001-04329 (PC2001-139) (4 yes
votes, Commissioners Arnold and Vanderbilt voted no and Commissioner Eastman was
absent).
Waiver of Code Requirement approved.
179
84. CONDITIONAL USE PERMIT NO. 2001-04447
AND NEGATIVE DECLARATION:
OWNER: William C. and Cynthia L. Taormina
128 West Sycamore Street, Anaheim, CA 92805
AGENT: Dick Boranian, 128 West Sycamore Street
Anaheim, CA 92805
LOCATION: 201 East Center Street. Property is approximately 0.09 acre located at
the northeast corner of Center Street and Claudina Street (Kraemer Building).
""'........... ,. '"......,,'" ,.=".",,,..,,",~.,, F=~ .~.~""
179
179
179
II il
ANAHEIM CITY COUNCIL MEETING MINUTES
OCTOBER 16, 2001
PAGE 13
To permit the conversion of an office building into a mixed use development with
residential units and accessory office and retail uses.
ACTION TAKEN BY THE PLANNING COMMISSION:
Conditional Use Permit No. 2001-04447 granted (PC2001-140) (6 yes votes,
Commissioner Eastman absent).
Negative Declaration approved.
85. CONDITIONAL USE PERMIT NO. 2001-04439
CATEGORICALLY EXEMPT - CLASS 1:
OWNER: Lederer-Anaheim, LTD.
1990 Westwood Boulevard, 3rd Floor, Los Angeles, CA 90025
AGENT: Pamela R. Marcum, 1440 South Anaheim Boulevard Anaheim, CA 92805
LOCATION: 1440 South Anaheim Boulevard. Property is approximately 14.74 acres
located north and east of the northeast corner of Cerritos Avenue and Anaheim
Boulevard (Anaheim Indoor Swapmeet).
To permit on-premises sales and consumption of beer and wine in an existing
restaurant.
ACTION TAKEN BY THE PLANNING COMMISSION:
Conditional Use Permit No. 2001-04439 granted for one year to expire on September
24, 2002 (PC2001-141) (5 yes votes, Commissioner Bostwick abstained and
Commissioner Eastman was absent).
86. CONDITIONAL USE PERMIT NO. 2001-04441
CATEGORICALLY EXEMPT - CLASS 1:
OWNER: Robert Smith Trustee, P. O. Box 54400
Los Angeles, CA 90054
AGENT: Phillip Schwartze, 31682 EI Camino Real
San Juan Capistrano, CA 92675
LOCATION: 2225 East Katella Avenue. Property is approximately 5.48 acres located
at the northwesterly corner of Katella and Howell Avenues.
To permit an auto collision repair and auto rental facility.
ACTION TAKEN BY THE PLANNING COMMISSION:
Conditional Use Permit No. 2001-04441 granted for ten years to expire on September
24, 2011 (PC2001-144) (6 yes votes, Commissioner Eastman was absent).
Mayor Daly and Council Member McCracken set for public hearing to be held November 13,
2001 .
87. CONDITIONAL USE PERMIT NO. 2001-04440
CATEGORICALLY EXEMPT - CLASS 1:
OWNER~ James Tsai, 7002 Moody Street #105, La Palma, CA 90623
AGENT: Daniel Hwang, 2626 West Baylor Circle #213
Anaheim, CA 92801
LOCATION: 3174 West Lincoln Avenue Suite 108. Property is approximately 6 acres
located south and east of the southeast corner of Lincoln Avenue and Western Avenue.
To permit an internet cafe in conjunction with on-site computer rental, cellular phone and
accessory sales, drinks and miscellaneous snacks within an existing commercial retail
center.
ACTION TAKEN BY THE PLANNING COMMISSION:
Conditional Use Permit No. 2001-04440 granted for three years to expire on September
24,2004 (PC2001-145) (6 yes votes, Commissioner Eastman absent).
155
179
ANAHEIM CITY COUNCIL MEETING MINUTES
OCTOBER 16, 2001
PAGE 14
REPORTS AND RECOMMENDATIONS:
B8. GENERAL PLAN AMENDMENT NO. 2001-00396
RECLASSIFICATION NO. 2001-00060 - REQUEST FOR PLANNING COMMISSION
INITIATION OF GENERAL PLAN AMENDMENT AND RECLASSIFICATION
PROCEEDINGS
AND CEQA EXEMPTION - SECTION 15061 (b)(3): City-initiated, Community
Development Department, Attn: Elisa Stipkovich, 200 South Anaheim Boulevard, #1003,
Anaheim, CA 92805, request to consider initiation of the following:
A General Plan Amendment from the General Commercial to the Low-Medium Density
and Police Station (P) land use designations for Area NO.2.
A Reclassification of Area No. 1 from the CH (Commercial, Heavy) to the CL
(Commercial, Limited) Zone, and a Reclassification of Area NO.2 from the RM-1200
(Residential, Multiple Family), CH (Commercial, Heavy), CL (Commercial, Limited) and
RS-A-43,OOO (Residential/Agricultural) to the RM-3000 (Residential, Multiple Family
Zone).
Property is located at 100 and 120-320 South Beach Boulevard.
ACTION TAKEN BY THE PLANNING COMMISSION:
Approved initiation to General Plan Amendment No. 2001-00396 (4 yes votes,
Commissioners Boydstun and Bostwick voted no and Commissioner Eastman absent).
Approved initiation to Reclassification no. 2001-00060.
(Public hearing scheduled due to General Plan Amendment).
Item 89 From Zonina Administrator Meetina of October 4. 2001: (No action by City Council
required unless expressly indicated. Council may consider and act upon such matters at its
discretion. Items requiring a public hearing may be set for hearing at a later date upon the
request of any two Council members.) APPEAL PERIOD ENDS OCTOBER 22, 2001:
B9. TENTATIVE PARCEL MAP NO. 2001-199
170 CATEGORICALLY EXEMPT - CLASS 15:
OWNER: John R. Townsend, P.O. Box 1692, Anaheim, CA 92815
LOCATION: 1575-1585 West Broadwav. Property is 0.84 acre having a frontage of
244 feet on the north side of Broadway and maximum depth of 149 feet and is located
165 feet east of the centerline of Loara Street.
To establish a 2-lot, industrial subdivision in the ML(Limited Industrial) Zone.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Tentative Parcel Map No. 2001-199 approved with modifications (ZA2001-39).
(Note: Tentative Parcel Map has a ten day appeal period ending October 22, 2001).
155
Item B10 From Plannina Commission Meetina of October 8.2001: (No action by City
Council required unless expressly indicated. Council may consider and act upon such matters
at its discretion. Items requiring a public hearing may be set for hearing at a later date upon the
request of any two Council members.) APPEAL PERIOD ENDS OCTOBER 18, 2001:
REPORT AND RECOMMENDATION:
B10. DETERMINATION OF CONFORMANCE WITH THE ANAHEIM GENERAL PLAN-
GENERAL PLAN CONFORMITY NO. 2001-00008: John lagjian, Orange County
Health Care Agency, 515 North Sycamore Street, Suite 618, Santa Ana, CA 92701,
request to determine conformance with the Anaheim General Plan to develop a physical
and occupational therapy services facility. Property is located at 1525 West Westmont
Drive.
" ." ~~. ,... ..........'. ....
ANAHEIM CITY COUNCIL MEETING MINUTES
OCTOBER 16, 2001
PAGE 15
ACTION TAKEN BY THE PLANNING COMMISSION:
General Plan Conformity No. 2001-00008 determined to be in conformance with the
General Plan (7 yes votes).
(General Plan Conformity has a ten-day appeal period ending October 18, 2001).
6:00 P.M. PUBLIC HEARINGS:
179
C1. CONDITIONAL USE PERMIT NO. 2992
AND NEGATIVE DECLARATION:
OWNER: Leonard Chaidez, 507 South Lemon Street
Anaheim, CA 92805
AGENT: Cyndie M. Chaidez, 507 South Lemon Street
Anaheim, CA 92805
LOCATION: 507 South Lemon Street. Property is approximately 0.56 acre located at
the southwest corner of Santa Ana Street and Lemon Street (Leonard Chaidez Tree
Service ).
Requests reinstatement of this permit and modification or deletion of a condition of
approval pertaining to a time limitation (approved on July 31, 2000 to expire on July 31,
2001) to retain a tree service contractor's yard.
ACTION TAKEN BY THE PLANNING COMMISSION:
Approved reinstatement of Conditional Use Permit No. 2992 for one year to expire on
August 27, 2002 (PC2001-118) (6 yes votes, Boydstun voted no).
Negative Declaration previously approved.
(Informational item at the Council special meeting of September 18, 2001, Item 87.
Planning Commission decision appealed by Richard V. McMillan, on behalf of Leonard
Chaidez).
Zoning Division Manager, Greg Hastings, presented a staff report noting that Planning
Commission approved the reinstatement for one year subject to on-going, monthly Code
Enforcement inspections and a new requirement that no on-site storage of tree trimming debris
occur. He said that the short term reinstatement reflected redevelopment land use objectives to
transition the property to a use consistent with the Redevelopment Plan and the South Anaheim
Boulevard Corridor Overlay Zone.
Mayor Daly noted that the Planning Commission staff approved a reinstatement of the permit for
a period of one year and he asked for a recommendation from Planning Department and
Redevelopment.
Planning Director Fick stated that if the property were kept in compliance with the conditions of
approval, staff would not have a problem with the permit and a discussion would not have
ensued at the Planning Commission about limiting the trimmings. Staff was concerned that
some days the owner was in compliance and some days it was not. Director Fick stated that if
the owner confirmed that they would remain in compliance, then staff would not have a problem
with the one-year approval. There had been a history of non-compliance that had occurred over
several years, he explained.
Mayor Daly said that a one-year period would give the City a little more review of the
compliance. Director Fick said that was the case with the added condition of the storage of the
clippings that the Planning Commission imposed.
"'........... ' ... .'....,....e'..'.'._~~. ,..,~.".,.,~
ANAHEIM CITY COUNCIL MEETING MINUTES
OCTOBER 16, 2001
PAGE 16
In response to Council Member Kring, Director Fick said the original permit had conditions
related to the height of material that could be stored on site, so that it was not visual and from
an odor standpoint, an inconvenience to the neighbors.
Council Member Feldhaus said that in 1996, there was consideration for a revocation of the
conditional use permit at this location because of non-compliance and the owners told the
Council that they wanted a one-year extension because they had planned to move. He said
that was why they were granted a one-year extension at that time. One year later, he said, they
were back requesting a one-year extension of time and they would clean up and they did this
every year until they were about to loose their conditional use permit. At that point, he added,
they would be given another one-year extension to bring the business into compliance and now
they were asking for three years. He asked what happened to relocating the business and if
Redevelopment was going to help them. He then mentioned some of the non-compliance
issues and said he was now hearing about the bad aroma that came out of there.
Planning Director Fick stated that Council Member Feldhaus correctly recalled what had taken
place at the prior meetings. He said that there had been discussion about the site being small
and because of some of the storage on site was equipment being parked off-site. He added
that with regard to compliance, Code Enforcement was out there today and the site was cleaned
up.
Executive Director of Community Development, Elisa Stipkovich, said that Community
Development had been in contact with the property owner and had talked to them about
acquiring the property. The property owner said that he was interested in Community
Development obtaining an appraisal, which was what Community Development was in the
process of doing. Director Stipkovich had talked to the owner about looking for other sites and
she said that Community Development was willing to work with them. Former Project Manager,
Brent Schultz, had discussions with the owners and they were not as motivated to move, she
said. The business site was adjacent to the site that Community Development was preparing
for a housing development, the trucking site that the Agency had acquired, and it was directly
across from that property. She said that she was concerned about the compatibility of the issue
with new residential that was planned for the area.
Mayor Daly opened the public hearing.
Richard McMillan spoke on behalf of the applicant, Mr. Chaidez, and said that they were only
appealing Condition No.8 of the Planning Commission's decision, outdoor storage, including
temporary storage, including tree trimming debris shall not be permitted. He said that he had
listened to the Planning Commission tape and had read their staff report and he added that not
one person in the neighborhood objected to the renewal. He said that there had been problems
with slow graffiti removal. The trees were put in and they did have problems keeping the vines
growing on the walls and it was difficult to keep the gate closed. A mechanism would be
installed to alleviate the problem. He noted that they were in substantial compliance all the way
through. He said that the only person who spoke about noxious odors was one of the Planning
Commissioners.
Mayor Daly asked if the owners were disputing anything other than Condition No.8 of the
Planning Commission and Mr. McMillian said that they were not.
Mr. McMillan said that there was no definition of what temporary storage was in the Code and
he said that Mr. Chaidez would take the trimmings or trunks and put them into individual loads.
.'"- ., "- ...........' ,
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ANAHEIM CITY COUNCIL MEETING MINUTES
OCTOBER 16, 2001
PAGE 17
Sometimes it took more than one day to make a full load in order to take it to a facility that would
receive it. Mr. McMillan said that he had provided evidence to Council, a declaration from a
property owner in the Silverado area that took 3,000 cubic yards that Mr. Chaidez would
normally be taking to the dump and it was recycled 100 percent. Mr. McMillan said that he did
not believe that anyone intended that Mr. Chaidez be required to take all of that to the dump.
He said that he had also provided Council statements from individuals who took the firewood
from Mr. Chaidez. He said that could only be accomplished if Mr. Chaidez was allowed to
segregate the loads. He was not looking to store anything, it was in a process of being recycled
or used as firewood. Mr. McMillian stated that this was zoned limited industrial and either a
transfer or recycling facility was a permitted use.
In response to Council Member Tait, Director Fick said that the intention of the Planning
Commission was that the tree trimming debris would not be brought to the site because that
was the material that was taking up space for parking of vehicles and contributing to the odors
on site. He said he believed that the Planning Commission's intention was to limit the storage of
the tree trimming debris" If the permit was approved, he said, it should not exceed the height of
the fences.
In response to Council Member Feldhaus, Director Fick stated that the conditional use permit
did not allow firewood sales on the property.
Council Member Feldhaus asked who picked up the stacks of wood and Mr. McMillan said that
it was placed in a container and delivered to a customer or to the site in the Silverado area
where it was dried because the firewood could not be sold unless it was seasoned. He added
that everything went off site either to the dump or he would be permitted to segregate it and
recycle it.
In response to Council Member Kring, Mr. McMillan said that it was generally just a day that the
tree trimmings would be stored since it was truly not a storage facility. He said that the process
was completed when Mr. Chaidez had a full load so that it would be economically feasible to
transport that load somewhere else.
Council Member McCracken said that the original Condition No.8 was for the out door storage,
including temporary materials, tree trimming debris and could not be higher than the fence
rather than shall not be permitted.
Planning Director Fick commented that since the staff report had been written, upon the
inspection done then, it was in compliance and it was in between the staff report preparation
and the meeting when there were evidences that the property was very much out of compliance.
He said that the Planning Commissioner's had observed that and that was why the discussion
ensued at the Commission meeting.
Council Member Kring asked Planning Director Fick if he were comfortable saying that it could
not reach a certain height rather than it would not be permitted at all. Director Fick said that if
there were assurances from Mr. Chaidez that all conditions would be complied with and that it
would be for a one-year period of time, then Community development could continue to have
their discussions as outlined earlier and the storage on-site did not negatively impact the
parking of the vehicles and the neighborhood.
Will King spoke in support of the conditional use permit.
I ..
ANAHEIM CITY COUNCIL MEETING MINUTES
OCTOBER 16, 2001
PAGE 18
Rick Wentworth, 507 South Lemon, worked for Mr. Chaidez and said that he was disappointed
that the tree service could not long dump the green waste and separate it on site. He said that it
was mentioned that there were a few areas that were not complied with and he said that there
were certain reasons for the non-compliance such as the graffiti removal. He said that when
that was originally landscaped, they complied with the Planning Commission's landscape plan
where they had a deciduous vine and once that covered the wall, they were asked to take that
down and put up an evergreen vine. When they placed the evergreen vine on the wall, it took a
while for the evergreen to grow and there was graffiti on top and they did not want to paint the
wall. He said that there was no communication with Code Enforcement as far as the brush
being too high until they got to the City and they placed this request and then they were told that
they were not in compliance and the doors were open and the brush was too high and there
was graffiti. He said they were told that there would be a 3D-day inspection with Code
Enforcement to make sure that they were in compliance and they agreed with that. Code
Enforcement had visited only once or twice in the last year and the person from Code
Enforcement walked through the property and made a few recommendations and they complied
with whatever was asked for. With regard to the smell, Mr. Wentworth went to the neighbors
and 100 percent of the two-blocks did not have a problem with the smell and the traffic and he
said that they had tried to be good neighbors. He indicated that they did not fit the overlay plan
and they wanted to move. Mr. Wentworth said that he and Mr. Chaidez met with the Planning
Commission and asked if they had a section of land that they would be willing to sell or swap so
that the tree service could move and the Commission was not interested at that time. He said
that since July 31, 2001, when the stipulation went into effect, the tree service had not been
dumping the green waste there and it was hurting the business. He requested that Council
grant the appeal and at least transfer the green waste and separate it at the yard for at least
another year.
Brian Stoddard, 600 South Helena, said he lived in the neighborhood and he was the chairman
of the neighborhood council. He said that the neighborhood had met on a quarterly basis to
discuss issues and the waste yard was one of the issues. He said that the neighborhood
Council was aware that the City had acquired the property across the street from the tree
service and they were aware that new houses would go there. He said that the tree service
took away from the impact that the houses would have on the community and the
neighborhood. He said that down the street from that site, on Lemon Street, Water Street and
Stueckel Street, historic homes were being relocated. New homeowners were moving there
next year and he said he believed that this was taking away from the neighborhood and the
impact that the neighborhood council wished to have. He discouraged the levels that the trees
could be as high as and he did not want to have the conditional use permit reinstated. He said
that the neighborhood did smell the waste and he did see the waste because it rose above the
fence level, but not every day. He encouraged the Council to not reinstate the conditional use
permit and to not allow the levels to be above the fence.
Jim Collison, 707 North Clementine Street, former chairman of California Square, said that the
property was located in the California Square neighborhood and located on a residential street
and rotting refuse was not a nice element to add to the residential street and not an asset to the
neighborhood. The City had acquired the trucking company across the street and the new
houses would face the tree service yard. He noted there was graffiti on the walls and
intermittent compliance with the original intent and the new homeowners would have to face this
everyday. Mr. Collison said that this was the wrong location for the use.
Attorney McMillan said that he believed that there were no complaints from the community
about anything for the entire time that Mr. Chaidez had operated the tree service.
II .
ANAHEIM CITY COUNCIL MEETING MINUTES
OCTOBER 16, 2001
PAGE 19
Council Member Kring said that the issue that staff had before it went to the Commission was
that no debris could be placed above the height of the storage containers. She asked Mr.
McMillan if he would be willing to do that and he responded positively and said that it had been
a condition for over one year and anytime Mr. Chaidez was not in compliance with that
condition, the City could cancel the conditional use permit.
Council Member McCracken said that two years ago Mr. Chaidez told Council that he was ready
to move and to give him a year and he would be gone. She said that he was now on a third
year and she said that she felt the community had not complained because they thought that
Mr. Chaidez was going to move and there would not be something there that the neighborhood
would consider a negative impact on the community.
Mr. McMillan said that the business was not the type that just any piece of property could be
used and until such time as Mr. Chaidez found a place, he needed to stay in business. Mr.
McMillan agreed that Mr. Chaidez had intended to move and he stated that if it had smelled bad
and had traffic problems, Council would have heard from the community about those issues.
Council Member Kring said that the new houses were to be started next year and then if the
conditional use permit were renewed for one year, the timing would be right. She asked if there
was any place in the industrial corridor that the tree service could move to.
Executive Director of Community Development said that Community Development would like to
help locate a site and work with the company. She said that she had met with the tree service
company and the hope was that they could move to a new location since this was not a
compatible use with the long-range plans for the area. She mentioned the complaints and said
that although the community did not call Code Enforcement and file complaints, the subject had
come up in other public meetings. She said it was not as though there was complete silence
from the community in the past and it had been an area of constant concern and that everyone
had expected the tree service as a temporary use.
Mayor Daly closed the public hearing.
Mayor Daly commented that he believed that the Planning Commission action to grant a one-
year extension was an appropriate action in light of the history on the property. He suggested
that the Planning Commission decision be upheld.
Council Member Tait agreed with staff's original position that the tree service be allowed but that
storage did not exceed the fence height. He said that the petition submitted noted that there
was no offensive smell or traffic problem and it was only permitted for ten months at this point.
He explained that he agreed with the staff recommendation and not with the Planning
Commission's recommendation.
Council Member Kring agreed with Council Member Tait and said that Mr. Chaidez had ten
months to go and the houses would not be in at the time. She said that this was the last time he
was going to get an extension and he had to move.
Council Member Feldhaus said he believed that it was the wrong location for the business. He
said that within the landfill sites there was talk by the State that in Orange County they may not
be able to take green waste any longer. He was in support of the Planning Commission's
decision.
",.. ~ ,..........-. ,..~...._,..,....~~,....,..
ANAHEIM CITY COUNCIL MEETING MINUTES
OCTOBER 16, 2001
PAGE 20
Council Member McCracken stated that she had some reservations about the Planning
Commission's decision. She said she hoped that staff would work personally with the owner
and make the effort to relocate the business before there were plans for the new homes across
the way. She said she was in support of the staff recommendation and one year extension.
Mayor Daly moved, seconded by Council Member McCracken, to approve the CEQA Finding of
Negative Declaration. Motion carried unanimously.
Mayor Daly offered the following resolution supporting the Planning Commission action:
RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM REINSTATING CONDITIONAL USE PERMIT NO. 2992 FOR A PERIOD OF
ONE YEAR, TO EXPIRE AUGUST 27,2002, AND AMENDING THE CONDITIONS OF
APPROVAL RELATING THERETO.
Roll call vote: Ayes - 2, Mayor Daly and Council Member Feldhaus. Noes - 3, Council
Members McCracken, Kring and Tait. Motion failed to carry.
Council Member Tait offered Resolution No. 2001 R-263 upholding the staff recommendation
and to allow outdoor storage within the fence height for a period of time to expire August 27,
2002.
RESOLUTION NO. 2001 R-263 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM REINSTATING CONDITIONAL USE PERMIT NO. 2992 FOR A PERIOD
OF ONE YEAR, TO EXPIRE AUGUST 27,2002, AND AMENDING THE CONDITIONS OF
APPROVAL RELATING THERETO.
Roll call vote: Ayes - 4, Council Members McCracken, Feldhaus, Tait, and Kring. Noes - 1,
Mayor Daly. Motion carried.
C2. GENERAL PLAN AMENDMENT NO. 2001-00395
RECLASSIFICATION NO. 2001-00054
155 VARIANCE NO. 2001-04443
179 TENTATIVE TRACT MAP NOS. 16254 AND 16255
170 SPECIMEN TREE REMOVAL PERMIT NO. 2001-00001
REQUEST FOR CITY COUNCIL REVIEW OF ITEMS
AND MITIGATED NEGATIVE DECLARATION:
OWNER: Hazell. Maag Revocable Trust, Attn: Lloyd Copenbarger 4675 Mac Arthur
Court #700, Newport Beach, CA 92660
Melvin and Marriam Schantz, John & Jo Schantz and Robert and Alice Pernell, 21
Chelsea Point, Dana Point, CA 92629
AGENT: JL Hare Associates, Attn: Holly Sandler
505 N. Tustin, Suite 212, Santa Ana, CA 92705
LOCATION: 5801 East Santa Ana Canyon Road. Property is approximately 24.5
acres with a frontage of 1 ,306 feet on the west side of Solomon Drive, located 112 feet
north of the centerline of Santa Ana Canyon Road.
General Plan Amendment No. 2001-00395: Requests a general plan amendment from
the General Commercial land use designation to the Hillside Low-Medium Density
Residential land use designation on the northwest 3.9 acres of the subject property.
."""~ ,..~.............~c~.""" "'c,'_",'~~,."
III
ANAHEIM CITY COUNCIL MEETING MINUTES
OCTOBER 16, 2001
PAGE 21
Reclassification No. 2001-00054: To reclassify subject property from the RS-A-
43,000(SC) Zone to the RS-5000(SC) Zone.
Variance No. 2001-04443: Waiver of (a) required frontage on a street, (b) maximum
permitted fence height, (c) maximum lot coverage and open space requirements, and (d)
minimum lot width, to establish an up to 128-unit detached single-family subdivision.
Tentative Tract Map No. 16254: To establish an up to 1 06-unit detached single-family
subdivision.
Tentative Tract No. 16255: To establish an up to 22-unit detached single-family
subdivision.
Specimen Tree Removal Permit No. 2001-00001: To remove 97 specimen trees.
ACTION TAKEN BY THE PLANNING COMMISSION:
General Plan Amendment No. 2001-00395 approved (PC2001-135) (6 yes votes,
Commissioner Eastman absent).
Reclassification No. 2001-00054 granted. (PC2001-136).
Variance No. 2001-04443 granted (PC2001-137).
Tentative Tract Map Nos. 16254 and 16255 approved.
Specimen Tree Removal Permit No. 2001-0001 approved.
Mitigated Negative Declaration approved.
(Informational item at the Council meeting of October 2, 2001, Item 811).
Zoning Division Manager, Greg Hastings, presented a staff report. He stated that the applicant
had requested approval for 128 single-family homes on the 24.5-acre site. The four waivers
were requested due to the irregular shape of the lot and differences in the surrounding grades.
He said that all 97 specimen trees would be removed in order to allow for construction on the
site and the applicant had proposed to plant 402 new trees. There was a four to one ratio rather
than the two to one that was required by Code. Access to the project was proposed from two
points on Solomon Drive and this would not be a gated community. The project would be
surrounded by a decorative block wall, including a sound wall, adjacent to the Riverside
Freeway. He noted that final plans for the project would be submitted for report and
recommendation review by the Planning Commission and the developer would need to submit
final site plan, floor plans, elevations, fencing, signage, landscaping and lighting. Along with the
conditions of approval, the applicant would be subject to numerous mitigation measures
identified in the mitigation monitoring program, he said. Staff had worked closely with the
developer over the last several months, he noted, and had taken into consideration the
numerous issues raised by the community and outside agencies to design a quality living
environment. Manager Hastings stated that staff recommended approval of the project.
Mayor Daly opened the public hearing.
Christopher Townsend, Townsend Public Affairs, on behalf of the applicant, GME Anaheim,
referred to a power point presentation. He said that this was a project that had best tried to
accommodate everyone's concerns. This was the fourth year of the project; two previous plans
had been submitted, considered and subsequently withdrawn. He said that the current plan had
been worked out with the Planning Department and would be the best planning use for the
property. The first plan in 1997 had been 100 percent retail use commercial center on the site
and was approved by the Planning Commission, he said. An outgrowth of extensive community
opposition to the commercial use and the demand for 100 percent residential lead them to
withdraw the plan in July of 1998 prior to being considered by Council. In spring of 1999, a
revised plan contemplating mixed-use of retail, residential and senior housing was considered
and once again, he said, the community was opposed to the commercial use of the property
and in May of 2001 , the applicant withdrew t~e plan. He said that in May, 2001, a 100 percent
III
ANAHEIM CITY COUNCIL MEETING MINUTES
OCTOBER 16, 2001
PAGE 22
residential use of single family homes was contemplated for the Maag Ranch site with no
commercial use. Following review by the Planning Commission, in response to some of the
requests made by community leaders and groups, Mr. Townsend further agreed that the
housing project would not be gated. He said that there would be a condition of a memorial
plaque in honor of Hazel Maag and a condition that would allow the residents to have some
form of input on the placement of the off-site landscaping requirement. Mr. Townsend stated
that the applicant agreed to those and all other additional conditions requested by Planning
staff. He said that there were four acres donwzoned from commercial to residential and that it
would reduce traffic impact and it would be in full compliance with the General Plan. He said
that the density had been reduced from 147 single-family homes to 128. The minimum lot size
requirements were 5,000 square feet and the proposed lot size averaged 6,100 square feet with
no lot less than 5,000 square feet. Mr. Townsend stated that the proposed project would reduce
the traffic impact by 1,700 daily trips from the original commercial version, which would have
3,000 daily trips. He said that there would be no additional driveways fronting onto Solomon
Drive and traffic lights had already been installed at Solomon Drive and Santa Ana Canyon
Road. He spoke about the increased tree replacement and said that there was normally two
trees planted for every one tree removed and he said that as proposed, he had doubled that
requirement with a ratio of four-to-one mitigation. He said that that would be 313 trees planted
on-site and 89 trees planted off-site. He respectfully requested Council approve the project.
Council Member Kring asked if the trees could be moved to the golf course in the Anaheim hills
area and Mr. Townsend responded that the off-site trees replanting would be dictated by the
City.
Planning Director Fick stated that the Community Services Department, Parks and Recreation
staff would review that and the community would also provide input as that plan was developed.
Council Member Tait said that he was concerned about the 97 trees on the property. He said
that the project was not designed around those trees to take advantage of them as other
projects in Anaheim hills had done and he noted that it would add to the project if the trees were
kept. Mr. Townsend said that with the grading required to make the project work, it would not
be feasible to save the trees. Mr. Townsend suggested that since these were old eucalyptus
trees, which had grown out of favor with a lot of residents in terms of fire hazards and bug
infestation, they could suffer and they could stain cars and property. He said that for those
reasons they felt it was better to comply with the tree mitigation program.
Council Member Tait expressed he was not in agreement.
Council Member McCracken asked if there would be any treatment of soil before housing would
be placed on the property. Marty Hannigan, the developer, GME Anaheim, responded that
there would be limited amounts of compaction as some fill was brought in and combined with
the soils that were on the site. He said that he had reviewed and studied in depth the potential
liquifaction problem, which seemed to be less of an issue as they did more testing. He
explained as the new soil came in and as they graded deeper to get the compaction, the
problem would be able to be mitigated.
Council Member McCracken asked if they would be taking off some of the surface soil so that it
would not have to be treated because of the grading. Mr. Hannigan responded that they would
be mixing soils with the new soils in order to get the proper compaction to build a house. In
response to her next question, Mr. Hannigan said that it would be a problem to maintain the
ANAHEIM CITY COUNCIL MEETING MINUTES
OCTOBER 16, 2001
PAGE 23
trees because of the compaction and stabilization issue and the entire site needed to be graded,
filled, mixed properly and re-compacted into those areas.
Will King spoke in support of the project and asked the Council to vote in favor.
Karen Schoenhurst, 791 Goldfinch Way, applauded GME for listening to the residents and she
said that the residents needed to work with the developer and make the best of the situation.
She said that the housing development had an interesting traffic flow to it and once the
landscaping was in, it would be a project that enhanced that particular area of Anaheim hills.
Stephanie Perry, 216 South Mohler, said that after fighting this project for four years she now
commended GME for listening to the residents. She stated that they had asked the developer
for specific things at the Planning Commission meeting and without hesitation, they had agreed
to those items. She said she felt that this was the best project for the community. She
mentioned that some people wanted a park and a park was not realistic there. The fees from
the project could help the City light fields, get a new park and improve the facilities. She noted
that the Concerned Citizens of Anaheim Hills had removed all of their objections and asked that
Council approve the project.
Greg Green, 200 North Solomon, said that his was one of the two-story homes on Solomon and
he stated his concerns about the project. He said that both accesses were on Solomon and the
improved traffic flow on the proposed project was not going to be on Solomon Drive. He said he
had heard that Via Cortez was not very safe and added that maybe there should be another
access on Santa Ana Canyon. He asked if the proposed light had been paid for by the
developers and what he would be looking at from his two-story house. He said he was told
about a drainage pipe that ran through that area and that it could not be built on because of the
pipe.
Christopher Townsend, on behalf of the applicant, responded to Mr. Green's comments. He
said that they were contributing significant off-site improvements and that signal was already
part of the City's plan and if he had attempted to up zone it with the extensive commercial, that
would have created the problems. He explained that the homes facing Solomon Drive, there
would be residents exiting off of Solomon Drive and if there were eight extra driveways with
people backing out onto Solomon Drive, that would create problems. He noted that staff had a
preference that the developer agreed with, which was, in as many instances as possible, to
separate entrances for commercial and residential. He said that Mr. Green's residence would
see the top of the trees and beyond the landscaping would be the back of homes, which could
not be flipped around.
In response to Council Member Feldhaus, it was explained that the height of the trees planted
along Solomon Drive was 24-inch box minimum.
Mike Benganic, landscape architect for the project, stated that the trees on Solomon Drive were
24-inch box size live oaks. They would be ten to twelve feet tall at installation. He offered to
find the biggest trees that he could and reported that oaks were slow growing trees. The oak
tree was one of the replacement trees that urban forestry had recommended. He said that
those trees grow to be 30 to 40 feet tall in 30 to 40 years.
Council Member Feldhaus asked if there was a way that the landscape architect could go taller
with the trees that face into Mr. Green's house. Mr. Benganic said that there were certainly
.<'. _........ .' '.' "...........,.~.,,<_~'_"H~
ANAHEIM CITY COUNCIL MEETING MINUTES
OCTOBER 16, 2001
PAGE 24
other varieties of trees and if the oak was not the right tree, he could install another variety just
in consideration of Mr. Green's concern.
Council Member Tait asked if it was staff's recommendation that the entrance not be off of Via
Cortez and Planning Director Fick said that there was a concern having the residential single-
family traffic mixing with Via Cortez. He said that portion of the residential property was the rear
portion of the existing commercial on the backside of Via Cortez. He noted that comments from
the Police Department on potential security issues and from a design standpoint, it was not an
optimal solution either for the future residents.
Traffic and Transportation Manager, John Lower, said that from the traffic operations
perspective, he agreed that Solomon Drive was a much better place to accept additional traffic
than Via Cortez. The reason being, he noted, was that there was a very short distance once
someone had turned on Via Cortez from Santa Ana Canyon Road before they reached the point
of the odd-angled intersection which did not maximize traffic capacity. He said that while some
traffic congestion might be experienced now was because the traffic signal had been needed for
quite some time and had reached the point of being under construction. He said that with the
traffic signal, traffic operations would be improved.
In response to Council Member Tait, Manager Lower stated that the 128 homes would generate
far less than half of the traffic trips which otherwise would have been generated with the general
plan build out, which would have provided for commercial as well as residential.
In response to Council Member Tait, Director Fick stated that fifteen percent of the property was
designated for commercial on Via Cortez. He said that Mr. Lower was referring to the net
impact of the existing traffic that would have been generated from the general plan
designations.
Council Member Feldhaus asked if the developer was installing a scoot system that would
regulate the traffic between Solomon Drive and Via Cortez and Manager Lower said that was
correct. Solomon was one of four intersections that would have real time traffic signal control so
that each traffic signal cycle, the amount of green time was allocated to move the most vehicles
through that intersection.
Christopher Townsend responded to Council Member Kring and said that the first section of
Solomon Drive up to the entrance area, the housing on the east-side, back up to Solomon Drive
so there would not be any frontage. He stated there would be eight-feet of landscaping on the
internal side of the soundwall which faced the 91 Freeway. There would be a homeowner's
association that would be responsible for landscape maintenance and a detailed landscape plan
would be brought back to Planning Commission and Council for approval.
Planning Director Fick reminded that this was the concept plan that had been developed and
the Planning Commission would have ultimate review and it would then appear on the Council
agenda and there would be community input as the plan was being developed and finalized.
Mayor Daly asked if the homeowner's association could add more plants if the landscaping was
not to their liking or would they have to seek approval and Director Fick said that the project
would be so precise that the covenants, conditions and restrictions would be written so that if
there were significant modifications to the plan, the homeowner's association would need to
come back to the City.
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ANAHEIM CITY COUNCIL MEETING MINUTES
OCTOBER 16, 2001
PAGE 25
In response to Mayor Daly, Planning Director Fick stated that the height of the soundwall was
up to 26-feet in some locations. The freeway side was roughly 23-feet and on the residential
side it was roughly 12-feel. Mayor Daly said that it would be all right if it were buffered with
enough landscaping.
Council Member McCracken asked if there were any openings on the Via Cortez property to the
commercial property and Planning Director Fick responded that there was just one that would
be used for emergency access.
Christopher Townsend said that it would be left to the homeowner's association if they wanted
to create a pedestrian access gate that they would maintain and regulate. He said that there
had been no request for gate access at this time.
Mayor Daly closed the public hearing.
Mayor Daly asked which details would return to the Planning Commission and Council and
Planning Director Fick said virtually all precise details for the project such as the site plan, floor
plans, elevation plans, fencing, signage, landscaping, lighting plans for the project and every
detail would be brought back for review.
Council Member Tait requested more information on the four waivers. Zoning Division
Manager, Greg Hastings, stated that with the first waiver, there were two lots that would actually
front on an easement rather than a street which was common practice in the canyon area at the
end of a cul-de-sac and two of the lots would be off Via Cortez. The second waiver related to
the soundwall and maximum permitted fence height. The third waiver, maximum lot coverage
and open space requirements had to do with some of the lots being minimum size as required
by the particular zone and because of the layout of the land, he said, it was difficult to have the
number of bedrooms match up with the count on the square footage of the lots which was
common in this area. Council Member Tait asked if this would have worked without a waiver
with a fewer number of lots and Director Fick said that it probably would have worked with
smaller homes. The last waiver had to do with minimum lot width because of the number of cul-
de-sacs in the development there were several lots that met minimum size requirements and
because of where they were located, did not have the amount of frontage that Code would
normally have required on a public street and these were private streets.
Director Fick added that these were examples that had been reviewed by the Traffic and
Transportation Manager and there was adequate frontage on the lots.
In response to Council Member Tait, Planning Director Fick said that Public Works had looked
at the various grading plans for the property and because of the soil conditions on site and
grade differentials, coupled with the easement constraints that exist on site, a storm drain and
water line, it would be extremely difficult to develop the site without removal of the trees.
Council Member Tait said he felt that the project was too dense and there were 97 specimen
trees that would be replaced with smaller trees and this was the last piece of flatland in Anaheim
hills and the City was in need of parkland and space for youth and sports facilities and he
expressed his opposition to the project.
Mayor Daly moved, seconded by Council Member McCracken, to approve the CEQA Finding of
Negative Declaration. Roll Call Vote: Ayes - 4, Mayor Daly and Council Members McCracken,
Feldhaus and Kring. Noes - 1, Council Member Tail. Motion carried.
.._~ '
ANAHEIM CITY COUNCIL MEETING MINUTES
OCTOBER 16, 2001
PAGE 26
Mayor Daly offered Resolutions Nos. 2001 R-264 through 2001 R-266 for adoption.
RESOLUTION NO. 2001 R-264 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO THE LAND USE
ELEMENT OF THE ANAHEIM GENERAL PLAN DESIGNATED AS AMENDMENT NO.
2001-00395, EXHIBIT "A".
RESOLUTION NO. 2001 R-265 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM FINDING AND DETERMINING THAT THE ZONING MAP
REFERRED TO IN TITLE 18 OF THE ANAHEIM MUNICIPAL CODE SHOULD BE
AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES SHOULD BE
CHANGED (RECLASSIFICATION NO. 2001-00054).
RESOLUTION NO. 2001 R-266 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM GRANTING VARIANCE NO. 2001-04443.
Roll Call Vote: Ayes - 4, Mayor Daly and Council Members McCracken, Feldhaus and Kring.
Noes - 1, Council Member Tail. Motion carried.
Mayor Daly moved, seconded by Council Member McCracken, to approve Tentative Tract Map
Nos. 16254, 16255 and Specimen Tree Removal 2001-00001.
Roll Call Vote: Ayes - 4, Mayor Daly and Council Members McCracken, Feldhaus and Kring.
Noes - 1, Council Member Tail. Motion carried.
Report on Closed Session Actions: None.
Council Communications:
Council Member McCracken asked to consider canceling the December 18, 2001 Council
meeting due to the rescheduling of the California League of Cities Conference.
Mayor Daly directed the City Manager to bring back a recommendation to Council in the next
week as to what the workload for the Council meeting would be.
Council Member Kring encouraged citizens to see the Disneyland Haunted House and support
the local park.
Council Member Feldhaus reminded everyone that the annual Fall Festival and Parade would
be held October 27, 2001, starting with a pancake breakfast at 8:00 A.M. and children's
costume competition at the Downtown Community Center.
Adjournment:
There being no further business to come before the City Council, Mayor Daly adjourned the
meeting at 9:07P.M.
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ANAHEIM CITY COUNCIL MEETING MINUTES
OCTOBER 16, 2001
PAGE 27
Respectfully submitted:
.~~
Sheryll Schroeder, CMC/ME
City Clerk
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