2001/12/04
ANAHEIM, CALIFORNIA - CITY COUNCIL MEETING
DECEMBER 4, 2001
The City Council of the City of Anaheim met in regular session.
PRESENT: Mayor Tom Daly, Council Members: Frank Feldhaus, Tom Tait and Shirley
McCracken.
ABSENT: Council Member Lucille Kring.
STAFF PRESENT: Assistant City Manager Dave Morgan, City Attorney Jack White, City Clerk
Sheryll Schroeder, Planning Director Joel Fick, Zoning Division Manager Greg Hastings and
Police Chief Roger Baker.
A copy of the agenda for the meeting of the Anaheim City Council was posted on November 30,
2001 at the City Hall inside and outside bulletin boards.
Mayor Daly called the regular meeting to order at 3:14 P.M. in the Council Chambers of the
Anaheim City Hall, 200 South Anaheim BouIE:vard.
ADDITIONSIDELETIONS 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. Council Member Kring absent. The Council recessed to Closed
Session at 3:15 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 LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Section 54956.9 of the Government Code)
Name of case: City of Yorba Unda v. City of Anaheim, Orange County Superior Court
Case No. 01 CC0932.
3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Section 54956.8 of the
Government Code)
Properties: State-owned surplus properties in the City of Anaheim described as Cal
Trans Parcel Numbers: 739,)6, 200018, 200019, 200036, 200050, 200051, 200073,
200086,200087,200088,200089,200090,200091, 200092, 200131, 200147, 200149,
200150,200188,200189,200190,200244,200373, 200377, 200378,200400, 200401,
200402,200410,200412,200430, 200527,200653,200658, 200659, 200660, 200661,
200662,200663,200664,;~00665,200672,200687, 200697, 200796,200797,200798,
and 200790.
Agency negotiator: Elisa Stipkovich
Negotiating parties: Anaheim Redevelopment Agency and California Department of
Transportation.
Under negotiation: Price and terms.
ANAHEIM CITY COUNCIL MEETING MINUTES
DECEMBER 4, 2001
PAGE 2
4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Section 54956.8 of the
Government Code)
Property: 1321 W. Cerritos Avenue, Anaheim, California
Agency negotiator: Elisa Stipkovich
Negotiating parties: Anaheim Redevelopment Agency and John Walker, John Heller
and Kes Narbutas.
Under negotiation: price and terms
5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Section 54956.8 of the
Government Code)
Property: 1207 W. Center Street, Anaheim, Calfornia
Agency negotiator: Elisa Stipkovich
Negotiating parties: Anaheim Redevelopment Agency and Richard G. and Sharon L.
Palm.
Under negotiation: Price and terms.
6. ANNUAL EMPLOYEE PERFORMANCE EVALUATIONS:
Titles: City Manager, City Attorney, City Clerk, City Treasurer
AFTER RECESS:
Mayor Daly called the regular Council meeting of December 4,2001 to order at 5:08 P.M. and
welcomed those in attendance.
INVOCATION: Pastor Roger Stahlhut, CallJary Chapel Open Door.
FLAG SALUTE: Council Member Tait.
119
PROCLAMATIONS AND DECLARATIONS:
Recognizing JoAnn Barnett for her service on the Community Center Authority. Ms. Barnett
was not present.
A presentation recognizing the 2001 CERT graduates was made by Bob Berg, Emergency
Services Coordinator, Fire Department.
At 5:19 P.M., Mayor Daly recessed the City Council meeting until after the Redevelopment
Agency and Anaheim Housing Authori'.y meetings.
Mayor Daly reconvened the City Council meeting at 5:24 P.M.
ADDITIONSIDELETIONS TO THE AGENDA: None
PUBLIC COMMENTS:
James Robert Reade, 100 West Midway Drive, Space #124, spoke about a violation of civil
rights and said that people had been thrown out of their homes.
Denis Fitzgerald, Board of Directors of Anaheim H.O.M.E., 856 Turquoise Street, said he
believed that there were health hazards from the Disney daily fireworks displays. He asked the
Council to remedy the health hazards.
ANAHEIM CITY COUNCIL MEETING MINUTES
DECEMBER 4, 2001
PAGE 3
Mayor Daly stated that he would ask the City Manager to respond to the issues raised by Mr.
Fitzgerald later in the meeting.
Glenn Spencer, 13547 Ventura Boulevard, Sherman Oaks, spoke about illegal immigration and
voiced his opposition of the acceptance of identification cards issued by the Mexican Consulate.
Ezola Foster, 7491 Talbert Avenue, Huntington Beach, said she was in opposition of the
acceptance of identification cards issued by the Mexican Consulate and she asked the Police
Department to rescind the decision to recognize the identification cards.
Barbara Cae, 5551 Castle Drive, Huntington Beach, spoke of the incidents of September 11,
2001, and expressed her opposition of the acceptance of identification cards issued by the
Mexican Consulate.
Dorothy Peacock, 501 North Glenoaks Boulevard, #109, Glendale, voiced her opposition of the
acceptance of identification cards issued by the Mexican Consulate.
Nancy Long, 547 Century Drive, stated she opposed the acceptance of identification cards
issued by the Mexican Consulate. She asked if the City Attorney had offered advice to the
Chief of Police before the decision to accept a foreign government's card.
Mayor Daly stated that the City Attorney would be asked to comment later in the meeting.
Duane Roberts, 2276 Colchester Drive, Apartment #6, said he was in favor of the Police Chief
for implementing the policy of accepting identification cards issued by the Mexican Consulate.
Larry Slagle, 1619 East Lincoln Avenue, member of the Economic Development Committee of
the Anaheim Chamber of Commerce, informed everyone about a series of programs presented
by the Anaheim Small Business Assistance Center. An economic development conference and
state of the City luncheon would be hosted by the Chamber of Commerce on January 30, 2001,
at the Grand California Hotel.
Ustab Arreano, 1043 West Arlington Avenue, asked Council to publicly condemn the group
speaking about the identification cards.
Elaine Proko, 222 West Bluebell Avenue, expressed her opposition of the acceptance of
identification cards issued by the Mexican Consulate. She added that she believed the
identification cards should be used to deport, not support, and that the Council should take
action now.
Scott Sink, 310 North Lemon Street, said that liberty and justice for all meant for people and not
just property and he spoke about the Constitution of the United States.
Dave DeSans, 10333 Calvin Avenue, Los Angeles, voiced his opposition of the acceptance of
identification cards issued by the Mexican Consulate.
Phil Tryon, 903 West 1 th Street, #4, Costa Mesa, stated his opposition of the acceptance of
identification cards issued by the Mexican Consulate.
ANAHEIM CITY COUNCIL MEETING MINUTES
DECEMBER 4, 2001
PAGE 4
William R. Tarn, 600 Magnolia Avenue, Inglewood, said that the problem with the identification
cards affected him even though he lived 25-miles away. He said he believed that it opened the
door to a lack of security and it may cause another internal attack on the Country. He voiced his
opposition of the acceptance of identification cards issued by the Mexican Consulate.
Fred Akers, 4862 La Canada Boulevard, La Canada-Flintridge, told everyone he was in
opposition to the acceptance of identification cards issued by the Mexican Consulate.
Dr. Howard Garber spoke about Federal Code Section 133 that authorized all federal, state and
local law enforcement to apprehend and turn over illegal aliens to the Immigration and
Naturalization Service. He voiced his opposition of the acceptance of identification cards issued
by the Mexican Consulate and said he believed it was a violation of Section 133.
Elaine Metcalfe, 1600 West Struck Avenue, Orange, said she believed that the national
identification card was aiding the obstruction of the already overburdened homeland defense.
She voiced her opposition of the acceptance of identification cards issued by the Mexican
Consulate.
Eileen Larcome, 4605 West Maurice Avenue, Santa Ana, voiced her opposition of the
acceptance of identification cards issued by the Mexican Consulate.
Hal Netkin, P. O. Box 3465, Van Nuys, voiced his opposition to the acceptance of identification
cards issued by the Mexican Consulate. He said he believed that this would be an incentive for
illegal residents and citizen fugitives to use a false Mexican identification.
Evelyn Miller, 6 Guinnoal, Irvine, said that elected officials had strongly defended the program of
having Immigration and Naturalization in the City's jail. She voiced her opposition of the
removal of an INS presence in the City's jail and acceptance of identification cards issued by the
Mexican Consulate. She was in favor of supporting Federal law Section 133
Larry Brown, 207 North Kenebec, expressed his opposition of the acceptance of identification
cards issued by the Mexican Consulate.
Clint Breads, 114 Tower Court, said that his neighborhood had deteriorated noticeably over the
last five years. Semi trucks and commercial trucks were parked in that neighborhood and
eighty-gallon trash cans were too big to fit through some gates and sat outside.
Mayor Daly asked if Mr. Breads had contacted Code Enforcement and he said that he had.
Mayor Daly asked the City Manager to discuss the situation with Code Enforcement and to
provide Council with an analysis and recommendations regarding that particular neighborhood.
He also directed City Manager to contact Mr. Breads and explain what increased activities could
be expected.
Randy Dees, 225 West Third Street, Long Beach, voiced his opposition of the acceptance of
identification cards issued by the Mexican Consulate. He asked Council to uphold the law.
Jerry Valamino, Buena Park, asked Council what provisions had been made by the Police
Department to accept identifications from people of other nationalities and countries. He said
that a fair law would be that the Police Department would accept identifications provided by any
country. He voiced his opposition to the acceptance of identification cards issued by the
Mexican Consulate.
ANAHEIM CITY COUNCIL MEETING MINUTES
DECEMBER 4, 2001
PAGE 5
Lupe Ostoleo Moreno, 515 South Magnolia, Santa Ana, said that she was disappointed that
leaders had decided to join advocates of lawbreakers. She voiced her opposition of the
acceptance of identification cards issued by the Mexican Consulate.
Pedro Vasquez, 1219 North Revere, noted that many of the speakers before him did not live in
the City and he asked that Council disregard them.
Zeke Hernandez, 1238 West Chestnut, Santa Ana, recognized the Orange County police chief's
for looking at the law enforcement aspect of the identification cards.
Robert Luna, 2034 Random Drive, noted he was in opposition of the acceptance of identification
cards issued by the Mexican Consulate.
Linda Lee Grau, 24 Morning Dove, Irvine, asked that the City taxi franchise be thrown out. She
said that she believed that taxi cab companies provided a service and were being hampered by
a proposed franchise that would set up taxi monopolies in the form of franchises.
Lupe Lopez, 511 South Harbor, stated that her people had ties to the lands and would never
leave because they belonged there. She said that the Mexican identification cards were the first
step for the Indian people. She said that they would now have the empowerment to call upon
authorities if they should see law-breakers.
Michael Dee expressed that he would like to have illegal aliens deported back to their country
and said that the City should not be accommodating them.
David Kendrick, Buena Park, spoke about an incident with an illegal alien at Anaheim High
School and asked that something be done by Council and enforce Section 133 of the
immigration laws.
Jose Vargas, a retired Santa Ana police officer for 31 years, said that it meant that an officer out
on the street did not have to spend hours trying to decide who the person without identification
was. He said that this policy would be accepted by a majority of the chief's of police in the
United States and that it was positive. This was not the best solution but was a solution for the
problem of people on the streets with no identification.
Rena Gonzalez said she was once an illegal alien and she was now a naturalized citizen. She
said that because people would get an identification would not mean that they were criminals.
Francisco Zeja, 1303 West Lynne, said that an officer for the City was with the people here from
other cities and that this was the officer's way of showing that he was not willing to comply with
his Chief's orders.
Michael Baker, 618 Cardiff, Irvine, informed Council that the Boys and Girls Club of Anaheim
had their 50,000th visit from a youth at the west Anaheim site. He noted that this was a
tremendous accomplishment and that the Boys and Girls Club did not turn anyone away. He
asked for any type of support from the City and encouraged the community to visit.
Harold Martin spoke in opposition of the acceptance of identification cards issued by the
Mexican Consulate. He said he always obeyed orders given to him by the Chief of Police and
he noted that one fifth or more of the crimes committed in the community were by illegal aliens.
ANAHEIM CITY COUNCIL MEETING MINUTES
DECEMBER 4, 2001
PAGE 6
Josie Montoya said that police officers were not immigration officers and it was illegal for officers
to do immigration work, which was being asked of them. Mexican identification cards had no
legal authority and was not a replacement for a driver's license.
Amin David, 1585 West Broadway, said that Harold Martin had advocated an ordinance in the
Anaheim High School District that would require children to bring in their birth certificate and if
they could not prove residency here, they would be turned over to Immigration and
Naturalization Service so that they could be deported.
Coyote, East Balsam, Apartment D, spoke in Spanish and was interpreted by Scott Sink. He
said that if all the immigrants were to stop working for just one day in this Country, the Country
would be completely paralyzed. He said that the card would be a good idea and would allow for
going to work.
MOTION: Mayor Daly moved to waive reading in full of all ordinances and resolutions,
seconded by Council Member McCracken. Motion carried unanimously.
Mayor Daly asked the City Manager to comment on the issue raised by Mr. Fitzgerald regarding
any consequences of the fireworks.
Assistant City Manager Morgan stated that staff was aware of Mr. Fitzgerald's concerns and
that he did not believe that there had been any violations of the Anaheim Municipal Code. He
recommended a follow up with Mr. Fitzgerald by staff to make sure his concerns and issues
were fully understood. He said he believed that the item needed input from the Southern
California Air Quality Management District and a report would be brought back to Council within
the next couple of weeks.
Mayor Daly asked for a response as to whether the City Attorney had advised the Police Chief
of the legality of the meeting of the Orange County Police Chiefs Association.
City Attorney White said that it was a legal meeting and was not subject to the public meeting
requirements because it did not consist of a majority of the elected officials of any jurisdiction. It
consisted of one elected official and other appointed officials, police chiefs, he said, and he said
he believed that it was a lawful meeting and there was not a violation of any law.
Mayor Daly noted that there were a number of comments on a variety of immigration issues and
the subject was not on the agenda, although public comments were allowed on any topics
affecting the City. He stated that California State law forbade the Council from acting on items
not on the agenda and the Council would take those public comments into consideration.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR A1 - A37: On motion by Mayor
Daly, seconded by Council Member McCracken, the following items were approved in
accordance with the reports, certifications and recommendations furnished each Council
Member and as listed on the Consent Calendar. Item A 17 continued to December 11, 2001,
and Council Member Tait abstained on Item A26. Mayor Daly offered Resolutions Nos. 2001 R-
283 through 2001 R-293 for adoption. Motion carried unanimously. Council Member Kring
absent.
118 A 1.
Reject certain claims filed against the City.
156
173
105
150
169
ANAHEIM CITY COUNCIL MEETING MINUTES
DECEMBER 4, 2001
PAGE 7
A2.
A3.
A4.
169
A5.
150 A6.
A7.
123
158 A8.
158 A9.
158 A10.
A11.
158
A12.
158
Receive and file the Police Department's Crime and Clearance Analysis Report for
October 2001; Southern California Gas Company's Amended Notice of Proposed
Changes to Gas Rates; minutes of the Public Library Board meeting of October 1, 2001;
and minutes of the Redevelopment and Housing Commission meeting of November 7,
2001.
Award the contract to the lowest responsible bidder, Marathon Construction Corp., in the
amount of $871 ,499.80, for the Deer Canyon Park Preserve Project and approve and
authorize the Finance Director to execute the Escrow Agreement pertaining to contract
retentions.
Award the contract to the lowest responsible bidder, F.J. Johnson, Inc., in the amount of
$481,577, for the Disney Way Improvement and Beautification Project and approve and
authorize the Finance Director to execute the Escrow Agreement pertaining to contract
retentions.
Award the contract to the lowest responsible bidder, GMC Engineering, Inc., in the
amount of $306,591, for the Harbor Boulevard and Ball Road Improvement and
Beautification Projects and approve and authorize the Finance Director to execute the
Escrow Agreement pertaining to contract retentions.
Approve and authorize the Director of Public Works to execute Contract Change Order
No.1, in the amount of $26,105, in favor of Metro Builders & Engineers Limited, to install
a shingle roof on the gazebo at George Washington Park.
Approve the Second Amendment to an architectural agreement between the City and
Cannon Parkin, Inc. in an amount not to exceed $60,000 for the Euclid Street Fire
Station Project.
Approve and authorize the Mayor and City Clerk to execute the Agreement for
Acquisition of Real Property and the Grant Deed for the sale of surplus property located
at 1779 Strathmore Place and approve Lot Line Adjustment Plat No.4 70.
Approve and authorize the Mayor and City Clerk to execute the Agreement for
Acquisition of Real Property and the Grant Deed for the sale of surplus property located
at 1780 South Ninth Street and approve Lot Line Adjustment Plat No. 471.
RESOLUTION NO. 2001 R-283 RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM accepting certain offers of dedication and public improvements in
conjunction with the maps of Tract Nos. 13268,13460,13926,14866,14917,15072,
15073,15143,15204 and 15610.
RESOLUTION NO. 2001 R-284 RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM accepting certain deeds conveying to the City of Anaheim certain
real properties or interests therein (City Deed Nos. 10439, 10438, 10440, 10444, 10445
and 10441).
RESOLUTION NO. 2001 R-285 RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM accepting certain deeds conveying to the City of Anaheim certain
real properties or interests therein (City Deed Nos. 10446, 10451, 10452, 10453, 10450,
10449 and 10448).
176
176
176
ANAHEIM CITY COUNCIL MEETING MINUTES
DECEMBER 4, 2001
PAGE 8
A 13. RESOLUTION NO. 2001 R-286 RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM declaring its intention to vacate certain public streets, highways
and service easements (Abandonment No. ABA2001-00047) (and setting a date and
time to consider the abandonment of three easements for public utility purposes located
at 2240 West Lincoln Avenue).
A14. RESOLUTION NO. 2001 R-287 RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM declaring its intention to vacate certain public streets, highways
and service easements (Abandonment No. ABA2001-00048) (and setting a date and
time to consider the abandonment of an electrical utility easement located at 3335 West
Lincoln Avenue).
A 15. RESOLUTION NO. 2001 R-288 RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM declaring its intention to vacate certain public streets, highways and
service easements (Abandonment No. ABA2001-00040) (and setting a date and time to
consider the abandonment of excess street right-of-way and an electrical easement
located at 1733 South Anaheim Boulevard and 1730 Zeyn Street).
Authorize the Mayor and City Clerk to execute and agreement and Quitclaim Deed for
the sale of said abandoned excess street right-of-way.
160
A16. Accept the low bid of Snyder Roofing and Sheet Metal, Inc., in an amount not to exceed
$130,378 (including tax), for the removal and replacement of the roofs at the
Maintenance Department and Parks Central yard buildings in accordance with Bid
#6210.
123
A 17. Accept the bid and authorize the execution of an agreement with Sun Belt Landscape &
Maintenance, Inc., in an amount not to exceed $327,360 for landscape maintenance of
the Anaheim West-City rights-of-way, parkways and berms for a two year period with
three one-year optional renewals and authorize the Purchasing Agent to execute
renewal options.
Council Member Tait requested a one week continuance on Item A 17 and asked for a report
from staff addressing the concern he had about the length of the contract and how the City went
about ensuring compliance with contractual terms. Mayor Daly seconded the motion. Motion
carried unanimously. Council Member Kring absent.
160
A18.
Accept the low bid of Superior Supply, Inc., in the amount of $39,900 (plus tax), for a
diesel powered melter/applicator in accordance with Bid #6229.
A19.
Waive Council Policy No. 306 and authorize the Purchasing Agent to issue a purchase
order to Motorola, Inc., in the amount of $179,095.23 (including tax), for supplying the
City with thirty-seven 800 MHz digital portable radios and associated equipment for the
Fire Department.
160
160
A20.
Waive Council Policy No. 306 and accept the low bid from Adamson Industries, in the
amount of $37,932.45 (including tax), for ITT Night Vision Optics Equipment for the
Police Department.
142
114
105
142
179
123
153
ANAHEIM CITY COUNCIL MEETING MINUTES
DECEMBER 4, 2001
PAGE 9
123
A21. Waive Council Policy No. 306 and authorize the Purchasing Agent to execute a lease
agreement with Doble Engineering Company, in the amount of $59,460 (excluding tax),
for a three year period beginning December 7,2001 through December 6,2004, for the
lease of a power factor test set to monitor substation equipment insulation.
A22. ORDINANCE NO. 5793 (INTRODUCTION) AN ORDINANCE OF THE CITY OF
ANAHEIM adding Section 1.05.100 to the Anaheim Municipal Code authorizing
designated City Officials to have access to criminal history information to assist in
employment and licensing duties.
Mayor Daly requested that the City Manager and City Attorney report back occasionally to
Council on how the program was working.
A23. RESOLUTION NO. 2001 R-289 RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM establishing the days and times of regular meetings of the City
Council (2002 calendar year) (Continued from the Council meeting of November 13,
2001, Item A 17).
A24. Accept the resignation of Joe White from the Public Utilities Commission and instruct the
City Clerk to post the Notice of Unscheduled Vacancy.
A25. ORDINANCE NO. 5794 (INTRODUCTION) AN ORDINANCE OF THE CITY OF
ANAHEIM amending Subsections .011 and .012 of Section 18.06.050 of Chapter 18.06
of Title 18 of the Anaheim Municipal Code relating to parking.
In response to Council Member Feldhaus, Planning Director Joel Fick stated that under the
current Code there was a required two-available spaces in the garage and it did not require a
car to be parked in the garage and there had to be provisions so that two cars could be parked
in the garage. He said that if there were instances where that was not possible and neighbors
complained, Code Enforcement could go out and investigate the complaints.
Mayor Daly asked if there were any other parking standards being examined by staff and
Director Fick stated that at present, the one before Council made two minor changes. One of
them, he said, was that single-family homes with five or more bedrooms were required to have
three-car garages. For multiple family units, the Code only addressed up to four-bedrooms.
The parking standards would apply to existing homes where the home owners chose to expand
the number of bedrooms, he said, and the primary intent was to deal with new construction.
A26. RESOLUTION NO. 2001 R-290 RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM approving the Waiver of Notice of Lease by the County of Orange of
certain property located in the City of Anaheim (1525 West Westmont Drive).
Council Member Tait abstained due to a potential conflict of interest.
A27. Authorize the Human Resources Director to enter into an agreement between the City
and Reliance Standard Life Insurance Company for the administration of the term life
insurance program for its full time employees, excluding employees represented by the
Anaheim Police Association.
A28. RESOLUTION NO. 2001 R-291 RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM declining to enact a Program of Preferences in the City employment
153
113
142
156
156
113
123
123
114
ANAHEIM CITY COUNCIL MEETING MINUTES
DECEMBER 4, 2001
PAGE 10
for veterans of the armed forces and explaining its reasons for doing so as required by
Government Code Section 50088.
A29. RESOLUTION NO. 2001 R-292 RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM approving a Letter of Understanding between the Anaheim Police
Association and the City of Anaheim.
A30. RESOLUTION NO. 2001 R-293 RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM authorizing the destruction of certain City records more than two
years old (Human Resources Department).
A31. ORDINANCE NO. 5795 (INTRODUCTION) AN ORDINANCE OF THE CITY OF
ANAHEIM amending Section 16.24.010 of Chapter 16.24 of Title 16 of the Anaheim
Municipal Code relating to paramedic fees.
A32. Authorize the Chief of Police to accept an award from the U.S. Department of Justice,
Bureau of Justice Assistance, for the fiscal year 2001 State Criminal Alien Assistance
Program and amend the Police Department's fiscal year 2001/02 budget by increasing
revenues and expenditures in the amount of $20,995.
A33. Authorize the Chief of Police to accept a grant award in the amount of $133,644 from the
Office of the State Controller for the "California Law Enforcement Equipment Program"
and amend the Police Department's fiscal year 2000/01 budget by increasing revenues
and expenditures in the amount of $133,644.
A34. RESOLUTION NO. 2001 R-294 RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM authorizing the destruction of certain City records more than two
years old (Police Department).
A35. Approve consultant services agreements with Project Dimensions, Inc. and Jeff Oviedo
and Associates, Inc., each with fee amounts not to exceed $500,000 per contract, for
project management services for parks, recreation and capital projects.
A36. Approve and authorize the City Manager to execute the Welfare to Work Vendor
Agreement by and between the City and Phyllis Talarico for provision of job readiness
services.
A37. Approve the minutes of the Council meeting held November 6,2001 and November 13,
2001.
END OF CONSENT CALENDAR
106 A38. Consider additions and/or deletions to the budget for the fiscal year 2001/2002.
No action taken by Council on item A38.
179 A39. Request for rehearing submitted by Agent, Whalen & Company regarding the denial of
Conditional Use Permit No. 2001-04400 . (Resolution No. 2001R-259) at the Council
meeting of October 2, 2001, Item C6. (Continued from the Council meeting of November
6, 2001, Item A32).
ANAHEIM CITY COUNCIL MEETING MINUTES
DECEMBER 4, 2001
PAGE 11
Mayor Daly moved, seconded by Council Member McCracken, to accept the withdrawal as
requested by the applicant. Motion carried unanimously. Council Member Kring absent.
Mayor Daly informed Police Chief Roger Baker that he was not asked to comment on the policy
adopted by the Police Chief's Association because most of the speakers were not from
Anaheim. He said that in the future, if enough Anaheim citizens request details or back round,
Council would ask for the Chief's comments.
105
A40. Nominate and appoint a member to fill the vacancy on the Senior Citizen Commission,
term to expire June 30, 2002.
Council Member McCracken moved, seconded by Mayor Daly, to continue the appointment for
one week to December 11, 2001, for a full Council vote. Motion carried unanimously. Council
Member Kring absent.
. 102 A41. Re-appoint Dr. John Baird to the Orange County Vector Control District Board of
Trustees, representing the City, for a two or four year term.
Council Member Feldhaus moved, seconded by Council Member McCracken, to re-appoint Dr.
John Baird to the Orange County Vector Control District Board of Trustees to a four-year term.
Motion carried unanimously. Council Member Kring absent.
Items B1 throuQh B12 From PlanninQ Commission MeetinQ of November 19. 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 DECEMBER
12,2001 :
179
B1.
CONDITIONAL USE PERMIT NO. 2001-04404
AND NEGATIVE DECLARATION:
OWNER: Synod of Southern California, 1501 Wilshire Boulevard
Los Angeles, CA 90017-2205
AGENT: The Consulting Group, Attention: Paul Kim
18500 Von Karman Avenue, Suite 850, Irvine, CA 92612
LOCATION: 2580 West OranQe Avenue. Property is approximately 2.6 acres located
at the southeast corner of Orange and Magnolia Avenues (St. Pauls Presbyterian
Church).
To permit a telecommunications antenna and accessory ground-mounted equipment.
ACTION TAKEN BY THE PLANNING COMMISSION:
Conditional Use Permit No. 2001-04404 granted forfive years (PC2001-158) (6 yes
votes, Commissioner Koos abstained).
Set for public hearing on January 8, 2002, by Mayor Daly and Council Member Feldhaus.
179
B2.
CONDITIONAL USE PERMIT NO. 3148
AND NEGATIVE DECLARATION:
OWNER: Taylor Bus Service, Inc., P.O. Box 1062
West Sacramento, CA 95691
AGENT: Daniel Boulange, 917 East Gene Autry Way
Anaheim, CA 92805
ANAHEIM CITY COUNCIL MEETING MINUTES
DECEMBER 4, 2001
PAGE 12
LOCATION: 917 East Gene Autry Way. Property is approximately 4.3 acres located
at the southeasterly corner of Lewis Street and Anaheim Way.
Request to reinstate this permit by modification or deletion of a condition of approval
pertaining to a time limitation to retain an existing bus storage terminal.
ACTION TAKEN BY THE PLANNING COMMISSION:
Conditional Use Permit No. 3148 withdrawn.
Negative Declaration previously approved.
B3. ADDENDUM TO THE POINTE ANAHEIM INITIAL STUDY AND MITIGATED
179 NEGATIVE DECLARATION/MITIGATION MONITORING PLAN NO. 004
GENERAL PLAN AMENDMENT NO. 393
AMENDMENT NO.5 TO THE DISNEYLAND RESORT SPECIFIC PLAN NO. 92-1
(INCLUDING AMENDMENTS TO THE LAND USE PLAN. DESIGN PLAN. AND
ZONING AND DEVELOPMENT STANDARDS)
AMENDMENT NO.3 TO THE ANAHEIM RESORT PUBLIC REALM LANDSCAPE
PROGRAM
AMENDMENT TO CONDITIONAL USE NO. 4078
WAIVER OF CODE REQUIREMENT
FIRST AMENDED AND RESTATED DEVELOPMENT AGREEMENT NO. 99-1
REQUEST FOR CITY COUNCIL CONSIDERATION OF AMENDMENT TO
CONDITIONAL USE PERMIT NO. 4078 CONCURRENTLY WITH GPA 393.
AMENDMENT NOS. 3 AND 5. AND FIRST AMENDED AND RESTATED
DEVELOPMENT AGREEMENT NO. 99-1:
OWNERS: Price Enterprises, Inc., c/o Excel Legacy Corporation
Attention: William J. Stone, 16955 Via Del Campo, Suite 240
San Diego, CA 92127
Zaby Motor Lodge, Attention: Angelo Zaby and Thomas Zaby
444 West Katella Avenue, Anaheim, CA 92801
Francis A. Ursini, Joanne T. Christian, 1804 Hummingbird Drive
Costa Mesa, CA 92627
Pyrovest Corporation, Attention: Jeff Kok, President
1101 East Garvey Avenue, Suite 208, Monterey Park, CA 91755
City of Anaheim, Attention: Elisa Stipkovich, Community Development Director, 201
South Anaheim Boulevard, Anaheim, CA 92805
AGENT: Anaheim Center for Entertainment, LLC
Attention: Robert H. Shelton, 11 Keats Court, Coto de Caza, CA 92679
LOCATION: 400 West Disney Way. 1737 South Clementine Street. 1755 South
Clementine Street. 1700 South Harbor Boulevard. 301 West Katella Avenue. and
401 - 409 West Katella Ayenue. The irregularly-shaped project area, which is located
in the Anaheim Resort™, consists of approximately 29.1 acres located between Harbor
Boulevard and Clementine Street, and Disney Way and Katella Avenue. It has
approximate frontages of 1,500 feet on the south side of Disney Way between Harbor
Boulevard and Clementine Street, 1,185 feet on the west side of Clementine Street
between Disney Way and Katella Avenue (excluding Fire Station NO.3 at 1713-1717
South Clementine Street), 728 feet on the north side of Katella Avenue between
Clementine Street and a point 771 feet west of the centerline of Clementine Street, and
585 feet on the east side of Harbor Boulevard between Disney Way and a point 615 feet
south of the centerline of Disney Way.
Request for approval of an amendment to the Pointe Anaheim Lifestyle Retail and
Entertainment Complex to permit the following: 634,700 gross square feet of
retail/dining/entertainment uses, which includes a 94,000 square foot aquarium; up to
ANAHEIM CITY COUNCIL MEETING MINUTES
DECEMBER 4, 2001
PAGE 13
four hotels comprising a maximum of 1,662 hotel rooms/suites (of which up to 200 units
may be vacation ownership resort units) with approximately 322,071 gross square feet of
related accessory uses of which up to 178,120 gross square feet on top of the parking
structure may be used for a hotel conference center (the hotel rooms/suites and
accessory uses would encompass a maximum of 1,370,711 gross square feet); and a
1,949,800 gross square foot parking structure with up to 4,800 striped parking spaces
(the minimum number of striped parking spaces would be 3,752) and 15 bus spaces with
a 10,200 square foot bus terminal/facility for airport transport and to/from sightseeing
venues. The development of Pointe Anaheim, as proposed to be modified, would take
place in up to five phases.
Addendum to the Initial Study and Mitigated Negative Declaration/Mitigation
Monitoring Plan No. 004: Request for approval of the Addendum to the Mitigated
Negative Declaration/Mitigation Monitoring Plan No. 004, which addresses the proposed
modifications to the Pointe Anaheim project, including development in up to five phases.
General Plan Amendment No. 393: Request to amend the Land Use Element to
reflect the description of the Pointe Anaheim project as it is proposed to be modified.
Amendment No.5 to the Disneyland Resort Specific Plan No.
92-1: Request to amend the Pointe Anaheim Overlay to describe the Pointe Anaheim
project as it is proposed to be modified, as an integrated, mixed use development. The
Specific Plan Amendment includes text and exhibit changes throughout the document to
reflect the proposed modifications to the Pointe Anaheim project including, but not
limited to, the following:
. Amendment to the Land Use Plan to modify the project description including
development in up to five phases.
. Amendment to the Design Plan to modify the conceptual plans depicting the layout of
the Pointe Anaheim project, to add a Phasing Diagram, to modify the requirements
for interior setback landscaping adjoining The Anaheim Resort Specific Plan No. 92-
2 zoning and for landscaping along the perimeter of parking facilities, and to permit a
median break on Disney Way for vehicle access to and from Pointe Anaheim.
. Amendment to the Zoning and Development Standards to add vacation ownership
resort units, aquariums, on-site and off-site directional signs, and murals as
conditionally permitted uses.
Amendment No.3 to The Anaheim Resort Public Realm Landscape Program:
Request to modify the landscape concept plans for Disney Way (former Freedman Way)
to permit a signalized median break on Disney Way between Harbor Boulevard and
Clementine Street to provide vehicle ingress and egress to the Pointe Anaheim project.
Amendment to Conditional Use Permit No. 4078: Request to amend Conditional Use
Permit No. 4078 to modify the land uses and maximum square footages of the Pointe
Anaheim Lifestyle Retail and Entertainment Complex including development in up to five
phases, to modify the waiver of minimum number of parking spaces, and to amend the
conditions of approval to reflect the project modifications.
First Amended and Restated Development Agreement No. 99-1 between the City of
Anaheim and Excel Pointe Anaheim, LLC: Request for consideration of the First
Amended and Restated Development Agreement No. 99-1 vesting certain project
entitlements and addressing implementation of the Pointe Anaheim project, as proposed
to be modified, including development in up to five phases. The Planning Commission's
role is to look at the land use aspects of the Agreement, specifically whether to make a
recommendation to the City Council that the eligibility criteria has been met and whether
the findings in Section 2.3 of Exhibit A of Resolution No. 82R-565 can be made.
ACTION TAKEN BY THE PLANNING COMMISSION:
ANAHEIM CITY COUNCIL MEETING MINUTES
DECEMBER 4, 2001
PAGE 14
Addendum to the Pointe Anaheim Initial Study and Mitigated Negative
Declaration/Mitigation Monitoring Plan No. 004 approved (PC2001-159) (7 yes votes).
Recommended adoption of General Plan Amendment No. 393 (PC2001-160).
Recommended adoption of Amendment NO.5 to the Disneyland Resort Specific Plan
No. 92-1 (PC2001-161).
Recommended adoption of Amendment NO.3 to the Anaheim Resort Public Realm
Landscape Program (PC2001-162).
Amendment to Conditional Use Permit No. 4078 approved (PC2001-163).
Waiver of Code Requirement approved.
Determined that the development proposed meets the criteria for entering into the First
Amended and Restated Development Agreement No. 99-1 (PC2001-164).
Set for public hearing December 11, 2001, due to the General Plan Amendment.
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B4.
SPECIMEN TREE REMOVAL PERMIT NO. 2001-00003
AND NEGATIVE DECLARATION:
OWNER: Marcia J. Nishino, 1780 North Winlock Street
Orange, CA 92865
AGENT: Diamond Pacific Homes, Attn: John Tharp
5400 South Ohio Street, Yorba Linda, CA 92886
LOCATION: 195 and 201 South Peralta Hills Drive. Property is approximately 2.31
acres with a frontage of 90 feet on the south side of Peralta Hills Drive located
approximately 1,569 feet south of the centerline of Santa Ana Canyon Road.
Request for approval of a specimen tree removal permit to remove 22 specimen trees.
ACTION TAKEN BY THE PLANNING COMMISSION:
Specimen Tree Removal Permit No. 2001-00003 approved (7 yes votes).
Negative Declaration approved.
B5.
CONDITIONAL USE PERMIT NO. 2001-04460
WAIVER OF CODE REQUIREMENT
CEQA NEGATIVE DECLARATION:
OWNER: CMC-Nine, P. O. Box 81290, Chicago, IL 60681
Ming-Cheug Chang, 27520 Hawthorne Boulevard, Suite 215
Rolling Hills Estates, CA 90274
AGENT: Cornerstone Bible Church, Attn: John Crandall, 6501 East Serrano Avenue,
Anaheim, CA 92807
LOCATION: 6501 East Serrano Avenue. Property is approximately 3.0 acres located
at the northeast corner of Serrano Avenue and Nohl Ranch Road (Cornerstone Bible
Church).
Request to establish a church within an existing commercial center with waiver of a)
minimum number of parking spaces and b) maximum number of wall signs.
ACTION TAKEN BY THE PLANNING COMMISSION:
Conditional Use Permit No. 2001-4460 granted (PC2001-165) [Waiver a) 7 yes votes
and waiver b) 5 yes votes, Commissioners Koos and Vanderbilt voted no].
Waiver of Code Requirement approved.
Negative Declaration approved.
B6.
CONDITIONAL USE PERMIT NO. 4097
AND NEGATIVE DECLARATION:
OWNER: Joel Saltzburg, 18022 Medley Drive, Encino, CA 91316
AGENT: C & M Automotive, Attn: Charles A. Perez
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ANAHEIM CITY COUNCIL MEETING MINUTES
DECEMBER 4, 2001
PAGE 15
420 South State College Boulevard, Anaheim, CA 92806
LOCATION: 420 South State College Boulevard. Property is approximately 0.4 acre
located at the northeast corner of Westport Drive and State College Boulevard (C & M
Automotive ).
Request for reinstatement of this permit by the modification or deletion of a condition of
approval pertaining to a time limitation (approved on March 23, 1999 to expire on
December 31, 2001) to retain an automotive repair facility.
ACTION TAKEN BY THE PLANNING COMMISSION:
Approved reinstatement of Conditional Use Permit No. 4097 for one year to expire on
December 31,2002 (PC2001-166) (7 yes votes).
Negative Declaration previously approved.
REPORTS AND RECOMMENDATIONS:
B7. CONDITIONAL USE PERMIT NOS. 2754 AND 3377 - REQUEST FOR
TERMINATION: Gaines B. Stanley, 1590 West Ball Road, Anaheim, CA 92802,
requests termination of Conditional Use Permit Nos. 2754 and 3377 (to permit a
residential trailer in conjunction with an existing church). Property is located at 1590
West Ball Road.
ACTION TAKEN BY THE PLANNING COMMISSION:
Conditional Use Permit No. 2754 and 3377 terminated (PC2001-157) (7 yes votes).
B8. CONDITIONAL USE PERMIT NO. 2466 - REQUEST FOR SUBSTANTIAL
CONFORMANCEAND NEGATIVE DECLARATION: Anaheim Hills Racquet Club, Attn:
Russell Miller, 415 South Anaheim Hills Road, CA 92807, request to expand the existing
Tennis Club to add additional courts (for total of 10 tennis courts). Property is located at
415 South Anaheim Hills Road - Anaheim Hills Racquet Club.
ACTION TAKEN BY THE PLANNING COMMISSION:
Determined proposal to be in substantial conformance with approved exhibits (7 yes
votes).
Negative Declaration previously approved.
B9. CONDITIONAL USE PERMIT NO. 2000-04289 - REQUEST FOR REVIEW AND
APPROVAL OF FINAL SIGN PLANS AND NEGATIVE DECLARATION: West Coast
Islamic Society, Attn: Abdel J. Hamdan, 708 North Valley Street, Suite T, Anaheim, CA
92801, requests review and approval of final sign plans for a previously approved
mosque. Property is located at 1717 South Brookhurst Street.
ACTION TAKEN BY THE PLANNING COMMISSION:
Approved final sign plans of Conditional Use Permit No. 2000-04289 (7 yes votes).
Negative Declaration previously approved.
B10. CONDITIONAL USE PERMIT NO. 3974 - REQUEST FOR DETERMINATION OF
SUBSTANTIAL CONFORMANCE AND NEGATIVE DELCARATION: Farano and
Kieviet Lawyers, Attn: Jeffrey L. Farano, 2300 East Katella Avenue, Suite 2, Anaheim,
CA 92806, requests determination of substantial conformance pertaining to landscaping
and signage for a previously approved self-storage facility. Property is located at 7777
South Santa Ana Canyon Road.
ACTION TAKEN BY THE PLANNING COMMISSION:
Determined proposed landscaping and signage to be in substantial conformance with
approved exhibits (7 yes votes).
ANAHEIM CITY COUNCIL MEETING MINUTES
DECEMBER 4, 2001
PAGE 16
811. RECLASSIFICATION NO. 99-00-09, VARIANCE NO. 4380 - REQUEST FOR
179 RETROACTIVE EXTENSION OF TIME TO COMPLY WITH CONDITIONS OF
APPROVAL AND NEGATIVE DECLARATION: Tony Hudson, 22974 EI Toro Road,
Lake Forest, CA 92630, requests a retroactive extension of time to comply with the
conditions of approval for a previously-approved 48 lot residential detached subdivision.
Property is located at 4000 East Riverdale Avenue.
ACTION TAKEN BY THE PLANNING COMMISSION:
Approved retroactive extension of time of Reclassification No. 99-00-09 and Variance
No. 4380 for one year to expire on February 15, 2002.
Negative Declaration previously approved.
Mayor Daly and Council Member Tait expressed their opposition to the project.
179
B12. GENERAL PLAN AMENDMENT NO. 2001-00400 AND RECLASSIFICATION NO.
2001-00064 - REQUEST FOR PLANNING COMMISSION INITITATION OF A
GENERAL PLAN AMENDMENT AND RECLASSIFICATION PROCEEDINGS AND
CEQA EXEMPTION SECTION 15061 (b)(3): City of Anaheim, Redevelopment Agency,
Attn: Lisa Stipkovich, 201 South Anaheim Boulevard, #1003, Anaheim, CA 92805, City-
initiated (Community Development Department) request to consider initiation of a
General Plan amendment from the General Commercial land use designation to the
Low-Medium Density Residential land use designation and a reclassification from the
RS-7200 (Residential, Single-Family) and CL (Commercial, Limited) Zones to the RM-
3000 (Residential, Multiple-Family) Zone. Property is located at 3119-3169 West Lincoln
Avenue.
ACTION TAKEN BY THE PLANNING COMMISSION:
Approved initiation for proceedings of General Plan Amendment No. 2001-00064 (7 yes
votes).
Approved initiation for proceedings of Reclassification No. 2001-00064.
6:00 P.M. PUBLIC HEARINGS:
C1. To consider the abandonment of a water utility easement located at 253 Del Giorgio
176 Road.
At their meeting of November 6, 2001, Item A5, the Anaheim City Council adopted
Resolution No. 2001 R-275 declaring its intention to vacate certain public streets,
highways and services easements and setting a date and time to consider the
abandonment of a water utility easement located 253 Del Giorgio Road (Abandonment
No. 2001-00045).
REQUESTED BY: Patricia K. Fisher, 253 S. Del Giorgio, Anaheim Hills, CA 92663
Mayor Daly asked Public Works Civil Engineer, Natalie Meeks, if she had anything to add for
the record and she did not.
Mayor Daly opened the public hearing and hearing no testimony, closed the public hearing.
Mayor Daly moved, seconded by Council Member McCracken, to approve the CEQA Finding of
Categorically Exempt, Class 5. Motion carried unanimously. Council Member Kring absent.
ANAHEIM CITY COUNCIL MEETING MINUTES
DECEMBER 4, 2001
PAGE 17
Mayor Daly offered Resolution No. 2001 R-295 in support of Abandonment No. 2001-00045 as
recommended by the Public Works staff.
RESOLUTION NO. 2001 R-295 . A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM VACATING CERTAIN PUBLIC STREETS, HIGHWAYS AND
SERVICE EASEMENTS (ABANDONMENT NO. 2001-00045).
Roll call vote: Ayes - 4, Mayor Daly and Council Members McCracken, Feldhaus, and Tait.
Noes - O. Council Member Kring absent. Motion carried.
Report on Closed Session Actions: None.
Council Communications:
Council Member McCracken spoke about the tree trimming ceremony held in the downtown
area on December 1, 2001.
Council Member Feldhaus announced that the Twila Reid Christmas tree lighting would take
place on December 7,2001, and on December 8,2001, the Rancho La Palma/Anaheim Shores
tree lighting would be held at John Marshall Park.
Mayor Daly noted that he had heard from the residents of the Colony Historic District regarding
the traffic calming study and he requested a back round report from staff before placing the item
on the agenda at a later date. He said that the proposal had been discussed at one of the
neighborhood block grant meetings and no action was taken. He was unclear as to why no
action was taken and said that maybe there was competition for the funding and not enough
available or not enough information available for the rationale for the traffic calming study. He
also requested that the City Manager report back information from CalTrans on the condition
and landscaping in the interchange area of Brookhurst and the 1-5 Freeway since parts of the
construction work had been delayed.
Adjournment:
There being no further business to come before the City Council, Mayor Daly adjourned the
meeting at 7:35 P.M.
Respectfully submitted:
~~
Sheryll Schroeder, CMC/AAE
City Clerk