2006/05/16
ANAHEIM, CALIFORNIA
CITY COUNCIL REGULAR ADJOURNED MEETING
MAY 16, 2006
The May 16, 2006 City Council meeting was called to order at 3:00 P.M. in the Council Chambers
of Anaheim City Hall, 200 South Anaheim Boulevard and adjourned to 4:00 P.M. for lack of
quorum. The adjourned meeting of May 16, 2006 was called to order at 4:10 P.M. by Mayor
Pringle.
PRESENT: Mayor Curt Pringle, Council Members: Richard Chavez, Lorri Galloway, Bob
Hernandez and Harry Sidhu.
STAFF PRESENT: City Manager Dave Morgan, City Attorney Jack White, and City Clerk Sheryll
Schroeder.
A copy of the agenda for the meeting of the Anaheim City Council was posted on May 12, 2006 at
the City Hall exterior bulletin board.
ADDITIONS/DELETIONS TO CLOSED SESSION: None
PUBLIC COMMENTS ON CLOSED SESSION ITEMS: None
Mayor Pringle moved to closed session for the following items:
CLOSED SESSION
1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Government Code Section 54956.9)
Name of case: City of Anaheim v. Angels Baseball, LP, et al., Orange County Superior
Court Case No. 05CC01902.
2. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Initiation of litigation pursuant to subdivision (c) of Government Code Section
54956.9
Number of potential cases: one
3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: Approximately 53 acres generally northerly of Angel Stadium of Anaheim, 2000
Gene Autry Way, Anaheim, California
Agency negotiator: Dave Morgan
Negotiating parties: City of Anaheim, Anaheim Redevelopment Agency and the National
Football League
Under Negotiation: Price and terms
ANAHEIM CITY COUNCIL MEETING MINUTES
May 16, 2006
Page 2
At 5:35 P.M., Mayor Pringle reconvened the Anaheim City Council in honor of Army Pfc. Raymond
L. Henry.
FlaG Salute:
Presentations:
Captain Henry Graciani, Salvation Army
Mayor Pro Tem Chavez
Invocation:
Recognizing Paul Mercier, Magnolia School District Superintendent on being named
the Association of California School Administrators 2006 Region XVII Superintendent of the Year
and Superintendent of the Year for the State of California - Mr. Robert Silva representing the
Association of California School Administrators introduced Paul Mercier as a person of honor,
integrity and a role model for others; Mr. Mercier thanked Council for the recognition.
Presenting the 2006 Miss Anaheim and Miss Outstanding Teen - Sherry Kane,
Executive Director of Miss Anaheim program introduced Crystal Soule, Miss Anaheim and
Stephanie Marrow, Miss Outstanding Teen.
Proclaiming June 4, 2006 as Heritage Day at Oak Canyon Nature Center - Jamie
Bilezikjian, President of Canyon Hills Women's Club, announced exhibitors participating in
Heritage Day provided demonstrations in the early life of California settlers and regional Native
Americans and invited the community to participate in the event.
Recognizing St. John the Baptist Greek Church - Andrea Manes, announced the
Greek Festival occurring this weekend and invited the community to join in the festivities.
Recognitions (for a Later Date):
Proclaiming June 5-9, 2006 as Management Week
Recognizing Lennar Corporation
Mayor Pringle also welcomed the International Institute of Municipal Clerks attending their annual
conference in Anaheim, paying special tribute to Anaheim's City Clerk, Sheryll Schroeder, who had
been recognized with a lifetime achievement award at the conference by Bruce McPherson,
Secretary of State.
At 6:00 P.M., Mayor Pringle called to order the Anaheim Redevelopment Agency and the Anaheim
Housing Authority in joint session with the City Council for a Public Comment session:
ADDITIONS/DELETIONS TO AGENDA: Item No. 36 was removed from agenda at the request of
staff.
PUBLIC COMMENTS:
William Fitzgerald addressed his comments on the right to free speech.
Joseph Diaz again addressed Council on the issue of overcrowding in Anaheim schools,
emphasizing education should be the foremost concern for all and that it was his wish for the
school districts, the City and the residents to work together to come up with a solution to the
ANAHEIM CITY COUNCIL MEETING MINUTES
May 16, 2006
Page 3
overcrowding. He provided copies of letters previously sent related to Anaheim High School's
interest in the Quikset property, also remarking he had discussed the overcrowding issue with
Assemblywoman Lynn Daucher and Supervisor Lou Correa both of whom had expressed interest
in the matter.
Paul Andreason, Anaheim Family YMCA, invited Council and the community to an event on June
3-5th, celebrating after school programs in Anaheim. He noted visitors could see the efforts the
City, school districts and organizations such as the YMCA were jointly doing to make a difference
in the lives of Anaheim children.
James Robert Reade voiced his opinions related to the Police Department and other topics.
At 6:10 P.M., Mayor Pringle recessed the City Council to consider the Redevelopment Agency
agenda, reconvening the Council session at 6:12 P.M.
CONSENT CALENDAR: Item No. 36 removed at the request of staff. Council Member Galloway
removed Item No. 28 from the consent calendar for further discussion; Council Member Hernandez
removed Item No. 24 and Mayor Pringle requested Item No. 22 be removed. Council Member
Sidhu removed Item No's. 14, 15, 19,20,25 and 26 and stated he would abstain on Item No. 23.
Council Member Chavez moved to approve the balance of the consent calendar Items 8 - 38,
seconded by Council Member Galloway to waive reading in full of all ordinances and resolutions
and to approve the following in accordance with the reports, certifications and recommendations
furnished each Council Member and as listed on the Consent Calendar. Roll Call vote: Ayes - 5;
Mayor Pringle, Council Members: Chavez, Galloway, Hernandez and Sidhu. Noes: - O. Motion
carried. Council Member Sidhu abstained on Item 23.
8. Receive and file the Housing and Community Development minutes of May 3, 2006 and
B105 Park and Recreation Commission minutes of March 22, 2006.
9. Reject all bids received for the Carport Shade Structures at Fire Stations 2 and 8.
0180
10. Approval of Amendment No.2 to the agreement with John Bates & Associates for
2647 consultant services to provide construction documents and construction observation
services for the West Anaheim Youth Center/Police Station project.
11. Approve the Third Amendment to the agreement between Republic Electric, Inc. and the
2821 City of Anaheim extending the term of the Traffic Signal Maintenance services agreement
for Fiscal Year 2006-07 and increasing the contract amount from $502,645 to $527,204.
12. Award the contract to the lowest responsible bidder, Engineering Construction & Support
4038 Services in the amount of $546,200, and approve and authorize the Finance Director to
execute the Escrow Agreement pertaining to contract retentions, for the Anaheim Police
Department Underground Fuel Storage Tank Replacement project.
ANAHEIM CITY COUNCIL MEETING MINUTES
May 16, 2006
Page 4
13. Approval of Amendment NO.2 to the agreement with Robert Borders & Associates Inc., for
2834 consultant services to provide additional structural engineering services and interior design
services for shelving, furnishing and theme elements for the East Hills Library/Police Station
project.
16. Accept the bid of Cleaveland/Price Incorporated, in the amount of $760,275 (plus tax) for
0180 underground remote controlled switching system components all in accordance with Bid
#6691.
17. Waive the sealed bidding requirement of Council Policy 306 and authorize the Purchasing
0180 Agent to issue a purchase order in the amount of $25,860 (including tax) to Program
Management International, for custom colored fabric for the Convention Center.
18. Accept the bid of Anixter Incorporated, in a not-to-exceed amount of $55,000, for fiber optic
0180 cable and equipment for the Public Works Department, Traffic Systems Division for a period
of one-year, with four, one-year optional renewals, and authorize the Purchasing Agent to
exercise the renewal options, in accordance with Bid #6749.
21. Waive the sealed bidding requirement of Council Policy 306 and authorize the Purchasing
0180 Agent to issue a purchase order to Linear Systems, in the amount of $60,587.90 plus tax,
for a digital photographic, video, and audio evidence management system for the Forensics
Division.
23. Approve an agreement with The Chance Theater, Inc. for a fee waiver to utilize the Twila
3502 Reid Recreation Center for rehearsals.
Council Member Sidhu abstained.
27. Approve and authorize the Redevelopment Agency Executive Director to execute a Right of
4036 Entry and License Agreement between the City of Anaheim and the Anaheim
Redevelopment Agency for Community Service Activities at Downtown Facilities. (See
Agency Item #1)
29. Approve a lease with General Aviation at Fullerton Airport to rent hangar space that will
4041 house three police helicopters and the Air Support Bureau operation during the proposed
construction of the Police Heliport at Fullerton Airport.
30. Approve a Joint Trench Agreement with Pacific Bell Telephone Company (Pacific Bell), dba
4042 AT&T California, to facilitate joint trench construction and cost sharing for work within
Underground District No. 40 - Santa Ana Canyon Road, and authorize the Public Utilities
General Manager, to execute the Agreement and related documents and take such actions
as necessary to implement the agreement.
31. Authorize the Public Utilities General Manager to accept an orphan site clean up account
0182 grant from the State for assessment and remediation of gasoline-contaminated soil at 1725
S. Brookhurst Street.
ANAHEIM CITY COUNCIL MEETING MINUTES
May 16. 2006
Page 5
32. Approve and authorize the Public Utilities General Manager, to execute the Railroad
4043 Wireline Crossing Agreement and related documents, with Union Pacific Railroad Company
for the wireline crossing of power lines within Underground District No. 52 - Broadway
Phase 2, and take such actions as necessary to implement the Agreement.
33. RESOLUTION NO. 2006-090 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
D155 OF ANAHEIM (i) authorizing the submittal of an application to the California State
Department of Housing and Community Development for funding under the BEGIN
Program for the affordable housing project located at 516 East Santa Ana Street, (ii) if
selected for such funding, authorizing the execution of a standard agreement, any
amendments thereto and any related documents necessary to participate in the BEGIN
Program, and (iii) if selected for such funding, amending the budget for Fiscal Year 2006-07
accordingly.
34. RESOLUTION NO. 2006-091 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
0155 OF ANAHEIM (i) authorizing the submittal of an application to the California State
Department of Housing and Community Development for funding under the BEGIN
Program for the affordable housing project located at 610 South Olive Street, (ii) if selected
for such funding, authorizing the execution of a standard agreement, any amendments
thereto and any related documents necessary to participate in the BEGIN Program, and (iii)
if selected for such funding, amending the budget for Fiscal Year 2006-07 accordingly.
35. RESOLUTION NO. 2006-092 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
P124 OF ANAHEIM accepting certain deeds conveying to the City of Anaheim certain real
properties or interests therein. (City Deed No. 10951)
36. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM declaring its intention to vacate certain publiC streets, highways and
easements. (Abandonment No. 2006-00124). A Public Hearing is scheduled for June 20,
2006.
This item removed from the agenda; no action taken.
37. ORDINANCE NO. 6026 (ADOPTION) ORDINANCE OF THE CITY COUNCIL OF THE
P105 CITY OF ANAHEIM amending Ordinance 5993 as to certain conditions of approval
(Amendment NO.2 to the Mountain Park Specific Plan No. 90-4). (Introduced at the
meeting of May 9, 2006, Item No. 33)
38. Accept the low bid of Emergency Vehicle Group, Incorporated, for a not-to-exceed amount
0180 of $3,219,500 including tax, for four tractor drawn aerial fire apparatus, all in accordance
with Bid # 6729.
END OF CONSENT CALENDAR:
14. Award the contract to the lowest responsible bidder, SMC Construction, in the amount of
4039 $4,409,568 for the construction of the helicopter air support facility at the Fullerton Airport,
approve and authorize the Finance Director to execute the Escrow Agreement pertaining to
contract retentions, increase the Police Department's expenditure appropriation by $20,000
and increase the Department of Public Works' expenditure appropriation by $650,484.
ANAHEIM CITY COUNCIL MEETING MINUTES
May 16. 2006
Page 6
Council Member Sidhu asked why the original estimate was lower than the bids received. Natalie
Meeks, Public Works Department, responded that some of the bid projects were budgeted several
years ago and the current market place made it difficult to keep up with the estimates. She
emphasized it was not just the cost of materials soaring but the economy was also keeping
contractors busy and bidding proposals were coming in higher. The City Manager added that in
trying to keep the costs doser to this estimate, this project had been rebid and downsized to the
full extent possible without marginalizing the operation, which saved $500,000 from the bids initially
received. Ms. Meeks added the estimate was developed by the architect for the project two years
ago. Council Member Sidhu inquired if adjustments had been made to budgets reflecting the
higher costs. Mr. Morgan responded that he had met with staff on this date to insure budgets were
adjusted accordingly as the market continued to change.
Council Member Sidhu moved to approve Item No. 14, seconded by Council Member Hernandez.
Roll call vote: Ayes - 5; Mayor Pringle, Council Members: Chavez, Galloway, Hernandez and
Sidhu. Noes - O. Motion carried.
15. Award the contract to the lowest responsible bidder, Metro Builders & Engineers Group,
3474 LTD. in the amount of $4,723,552.19, approve and authorize the Finance Director to
execute the Escrow Agreement pertaining to contract retentions and approve an increase to
the Convention, Sports & Entertainment Department's FY2005/06 budget appropriation of
$1,282,924 for the Anaheim Convention Center Katella Avenue Frontage Landscape
Improvement-Phase II project.
16. Accept the bid of Cleaveland/Price Incorporated, in the amount of $760,275 (plus tax), for
0180 underground remote controlled switching system components, all in accordance with Bid #
6691.
Mr. Morgan reported Item No's 15 and 16 were interconnected and could be discussed as one.
Council Member Sidhu asked for details related to the protest filed. Jack White, City Attorney
explained a bid protest had been received claiming the low bidder did not hold a C10 license to do
the electrical subcontractor portion of the work specified in the contract. The individual filing the
claim, added Mr. White, also protested another subcontractor alleging he was listed as a
subcontractor but did not have a contractor's license. The City Attorney's office looked into the
claims, determined they were unfounded and believed this contract was properly awarded to the
low bidder. Council Member Sidhu asked if the protester had been given that information; Natalie
Meeks of the Public Works Department indicated that information had been communicated. Mayor
Pringle pointed out the dissenter's bid was $1 million more than the successful low bidder.
Council Member Sidhu moved to approve Item No's. 15 and 16; seconded by Council Member
Chavez. Roll call vote: Ayes - 5; Mayor Pringle, Council Members: Chavez, Galloway, Hernandez
and Sidhu. Noes - o. Motion carried.
19. Waive the sealed bidding requirement of Council Policy 306 and authorize the Purchasing
0180 Agent to issue a purchase order to Miracle Playground Sales of Southern California, in an
amount not-to-exceed $35,500, for purchase and installation of playground equipment for
the Community Services Department.
ANAHEIM CITY COUNCIL MEETING MINUTES
May 16, 2006
Page 7
Council Member Sidhu inquired as to the safety aspects of playground equipment being installed in
City parks. Terry Lowe, Community Services Director, responded that as far as the legality and
safety of the City's playground equipment, it was regularly examined by trained inspectors on staff.
He stated there was equipment in the system which needed replacement and those items were
scheduled and budgeted in the capital budget each year. He added staff had been routinely
moving throughout the City replacing pieces but that the equipment identified in Item No. 19
reflected an opportunity that came to the City as a result of a local trades how and allowed the City
to get a piece of equipment at a drastically reduced rate to replace an aging piece. Council
Member Sidhu asked if there had been accidents or incidents related to playground equipment and
what those numbers were. Mr. Lowe stated he was not aware of any types of incidents or
accidents related to faulty equipment explaining that in addition to the inspection staff, the
maintenance staff and park rangers routinely inspect equipment as well. At this time, he
acknowledged, the City had no liability exposure but did have a responsibility to replace equipment
as it aged which was an ongoing process within the department. Mayor Pringle suggested Mr.
White share sometime in the future the 1996/97 State law modifications which limited liability of
cities in such areas as skateboard parks and playground equipment with Council Member Sidhu.
Council Member Chavez moved to approve Item No. 19, Council Member Galloway seconds. Roll
call vote: Ayes - 5; Mayor Pringle, Council Members: Chavez, Galloway, Hernandez and Sidhu.
Noes - O. Motion carried.
20. Accept the bid of The Rouse Company, in a not-to-exceed amount of $132,224.70
D180 (including tax) for the installation of custom terrazzo flooring, all in accordance with Bid #
6758
Upon further reflection, there was no need for discussion on this item and Council Member Sidhu
moved to approve Item No. 20, seconded by Council Member Hernandez. Roll call vote: Ayes - 5;
Mayor Pringle, Council Members: Chavez, Galloway, Hernandez and Sidhu. Noes - O. Motion
carried.
22. Approve the agreement with Time Warner Telecom of California, LP, for the right to install,
4040 own, repair, operate and maintain fiber optic and/or coaxial cable facilities and related
equipment capable of accommodating voice, data and video transmissions and/or
telecommunications service at City Hall West.
The Finance Director, Bill Sweeney, reported this agreement provided right of entry to allow Time
Warner to install fiber optic cable from the street to City Hall West where it would connect to the
Ci~'S data center. The City Manager added that Council had approved an agreement on March
28t which established a citywide process and this agreement was solely to permit right of entry to
Time Warner.
Mayor Pringle moved to approve Item No. 22, seconded by Council Member Hernandez. Roll call
vote: Ayes - 5; Mayor Pringle, Council Members: Chavez, Galloway, Hernandez and Sidhu. Noes
- O. Motion carried.
24. Approve agreements with the Anaheim City Elementary, Centralia and Magnolia School
1571 Districts to provide Park Ranger patrols of school facilities.
1568, 1569
ANAHEIM CITY COUNCIL MEETING MINUTES
May 16, 2006
Page 8
Council Member Hernandez had pulled this item from the consent calendar to highlight the manner
in which the City partnered with the school districts for the purpose of making City schools better
and safer.
Terry Lowe, Community Services Director, reported that for many years the City enjoyed a
relationship with local school districts and that many residents utilized school grounds during off
school hours as public parks. With the use of that open space, the same types of problems
encountered in local parks were encountered on school grounds, such as illegal use of the facility,
littering, and vandalism. He added that many years ago the City entered into a partnership with the
school districts to provide park ranger services at schools as well as at City parks since many of
the parks were directly adjacent to schools and the benefit was to get more service in the parks as
a result of having more rangers in the field. He noted that all school districts reported their
vandalism and graffiti rates going down significantly and the rangers working in conjunction with
the police department had been successful in reducing the numbers of break-ins at these facilities.
The goal was to make sure when weekend use of the facility took place, those schools would be
up and running to go on Monday mornings. Mr. Lowe added that the school districts completely
reimbursed the City for all costs.
Council Member Hernandez moved to approve Item No. 24, Council Member Galloway seconds.
Roll call vote: Ayes - 5; Mayor Pringle, Council Members: Chavez, Galloway, Hernandez and
Sidhu. Noes - O. Motion carried.
25. Approve an Assignment and Assumption Agreement between Purkiss-Rose-RSI, Moore
1485 lacofano Goltsman, Inc., and the City of Anaheim regarding Master Consultant services.
26. Approve an Assignment and Assumption Agreement between Purkiss-Rose-RSI, Moore
3138 lacofano Goltsman, Inc., and the City of Anaheim regarding design and construction
observation services for athletic field improvement projects.
Council Member Sidhu requested clarification on both Items 25 and 26, asking how often the City
bid these types of contracts especially when the contract was being assigned to another firm. In
this particular case, Terry Lowe reported, Purkiss Rose merged with a larger firm but the City
would still be working with same management staff in the same local office and would continue to
manage the project. He added the company had been absorbed by a larger company with whom
the City had also done much business. Related to bid scheduling, Mr. Lowe responded that built
within the language of the contract were opportunities for extensions but was also a regular
schedule to rebid the master consulting agreements periodically. Council Member Sidhu asked
how many times the contract had been extended since 1998 and Mr. Lowe replied there had been
a 5-year option to renew which had been recommended to Council and approved in 2002 and he
expected to rebid the contracts in 2007.
Council Member Sidhu moved to approve Item No's 25 and 26, seconded by Council Member
Galloway. Roll call vote: Ayes - 5; Mayor Pringle, Council Members: Chavez, Galloway,
Hernandez and Sidhu. Noes - O. Motion carried.
28. Execute an agreement between the County of Orange and the City of Anaheim and accept
3221 an award of funds in the amount of $987,464, for the provision of Welfare- To-Work
Employment Services for Program Year 2006-07.
ANAHEIM CITY COUNCIL MEETING MINUTES
May 16, 2006
Page 9
Council Member Galloway requested a staff report on this item with specific details relating to the
number of participants in the program and the percentage of those participants who had obtained
employment. Ruben Aceves, Work Force Development Manager, responded the program served
100 enrollments over Fiscal Year 2005/06 w)th an employment rate of almost 80 percent. He was
hopeful the County Board of Supervisors would continue the program for the 2006/07 fiscal year.
Council Member Galloway asked what types of programs were offered, whether counselors were
available and how the program worked. Mr. Aceves reported this program was special funded for
two years in partnership with the Workforce Investment Board (WIB) and developed with the
Orange County Social Services Agency, Casa Loma, a private college specializing in health care
occupational training and with the Anaheim Workforce Center. The program was targeted to
welfare recipients as the social services agency was mandated by the state to provide certain
types of employment opportunities. He added WIB developed the program to meet the needs of
the health care industry. The components of this program trained participants to become certified
nursing assistants, restorative nursing assistants and also home health aides. He pointed out this
particular program had been very successful and it also worked with the Housing Authority Section
8 clientele to give them an opportunity for training. Council Member Galloway asked about the
funding process and Mr. Aceves responded that it was on an annual basis with the County Board
of Supervisors.
Mayor Pringle added that the 1997 California Welfare Reform Act required counties to individually
craft programs to move welfare recipients into either education or into specific job assignments and
in this case.
Council Member Galloway moved to approve Item No. 28, seconded by Council Member
Hernandez. Roll call vote: Ayes - 5; Mayor Pringle, Council Members: Chavez. Galloway.
Hernandez and Sidhu. Noes - O. Motion carried.
39. Consider appointment to the Planning Commission, term to expire June 30, 2009.
B105 (Ed Perez) (Continued from the May 9,2006 meeting. Item 29)
With the consent of Council. Mayor Pringle continued this item to May 30, 2006
40. Consider appointment to the Park and Recreation Commission. term to expire June 30.
B105 2007. (Rick Skinner) (Continued from the May 9.2006 meeting. Item 30)
With the consent of Council, Mayor Pringle continued this item to May 30. 2006
Mayor Pringle requested Council be provided with details as to which commission members had
term limits ending June 30. 2006. asking Council to be reflecting on individuals for consideration to
those positions.
5:30 P.M. PUBLIC HEARINGS:
41. This is a public hearing to consider the abandonment of a portion of a public utility and
P110 water easements located at 700 Convention Way.
Natalie Meeks, Public Works Department, reported the Anaheim Marriott was proposing expansion
of their ballroom facilities which conflicted with an existing water line and utility easement. She
ANAHEIM CITY COUNCIL MEETING MINUTES
May 16. 2006
Page 10
stated the hotel would relocate the water line and staff was recommended approving the
abandonment to allow for the Marriott's expansion.
Mayor Pringle opened the public hearing and receiving no comments, closed the hearing. Council
Member Hernandez moved to approve Resplution No. 2006-Q93 and to approve the conveyance
by quitclaim of the City's right, title and interest in the abandonment area and authorize the Mayor
and City Clerk to execute a quitclaim deed, seconded by Council Member Sidhu.
RESOLUTION NO. 2006-093 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM vacating a portion of a public utility and water easements located at 700 Convention
Way (Abandonment No. ABA 2006-00123)
Roll Call vote: Ayes - 5; Mayor Pringle, Council Members: Chavez, Galloway, Hemandez and
Sidhu. Noes - O. Motion carried.
42. This is a public hearing to consider vacating a portion of a public utility easement located at
P110 2238 West Falmouth Avenue.
Natalie Meeks, Public Works Department, reported the property had an electrical easement at the
back of the property and the residents were proposing to build a pool and spa area which
conflicted with the existing easement. There were overhead utilities in this easement, she pointed
out, and the utilities Department found four feet of the easement could be abandoned to allow for
the improvements. Mayor Pringle asked if the City was abandoning the easement specifically for
this one property owner and Ms. Meeks responded in the affirmative. She added that it was only
being done due to their specific improvements and that a 10-foot easement was standard for
overhead electrical facilities but in this particular case, the Utilities Department believed a six-foot
easement would work and felt they could accommodate the owners. Mayor Pringle asked if other
property owners were considering building in that portion of their property and would ask to have
their easements vacated. Ms. Meeks was not aware of any other property owners needing similar
action. She added the cost of the abandonment application was $1,100. Mayor Pringle
anticipated neighbors contemplating similar improvements and felt the $1,100 application fee was
high. Ms. Meeks stated staff was looking at opportunities to simplify the abandonment process
which would greatly reduce the cost and was also looking at potential altemative funding which
would help property owners with these types of issues.
Mayor Pringle opening the public hearing and receiving no testimony closed the hearing. Council
Member Sidhu asked if this action would be precedent setting. Marcie Edwards, Utilities General
Manager, indicated that historically every request was taken on a case-by-case evaluation and that
the department made every effort to stay within specific safety parameters and yet offer the
customers as much flexibility as possible. Ms. Edwards remarked the Department was trying to go
forward with a macro quitclaim for the purposes of saving customers money but would do so on a
case-by-case basis to be able to flex with standards over which Anaheim had no control.
Council Member Galloway moved to approve Resolution No. 2006-04 and approve the
conveyance by quitclaim of the City's right, title and interest in the abandoned area and authorize
the Mayor and City Clerk to execute a quitclaim deed, seconded by Council Member Hemandez.
ANAHEIM CITY COUNCIL MEETING MINUTES
May 16, 2006
Page 11
RESOLUTION NO. 2006-094 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM vacating a portion of a public utility easement located at 2238 West Falmouth
Avenue. (Abandonment No. ABA2006-00126).
Roll call vote: Ayes - 5; Mayor Pringle, Council Members: Chavez, Galloway, Hernandez
and Sidhu. Noes - O. Motion carried.
43. CONDITIONAL USE PERMIT NO. 2006-05064
C220 OWNER: Saint John the Baptist Greek Orthodox Church, 405 North Dale Street,
Anaheim, CA 92801
AGENT: Karen Otis, Otis Architecture, 16871 Seawitch Lane, Huntington Beach, CA
92649
LOCATION: 321,405,425,431,509 and 511 North Dale Avenue:
Property is approximately 4.9 acres having a frontage of 767 feet on the west side of Dale
Avenue and is located 668 feet south of the centerline of Crescent Avenue.
Portion A: This irregularly-shaped 2.8 acre property has a frontage of 332 feet on the west
side of Dale Avenue and is located 483 feet north of the centerline of Yale Avenue (1405
North Dale Avenue).
Portion B: This irregularly-shaped .93-acre property has a frontage of 173 feet on the west
side of Dale Avenue and is located 111 feet south of the centerline of Baylor Avenue
(509 and 511 North Dale Avenue).
Conditional Use Permit No. 2006-05064 - Request to expand an existing Greek Orthodox
Church to permit a new administration building, multi-purpose hall and religious school
with waivers of (a> maximum structural height and (b) minimum number of parking spaces.
ACTION TAKEN BY THE PLANNING COMMISSION:
CECA Negative Declaration - Approved.
Reclassification No. 2006-00174 - Granted.
Waiver of Code Requirement - Approved.
Conditional Use Permit No. 2006-05064 - Granted.
Tentative Parcel Map No. 2005-156 - Approved. Vote: 7-0
Appealed by Thomas F. Brown
Sheri Vander Dussen, Planning Director, reported the Planning Commission had approved an
expansion to the existing Greek Church on approximately five acres of property. She stated
although the Planning Commission had approved a reclassification, a conditional use permit and a
tentative parcel map for the project, the appeal to Council was limited to the conditional use permit
which was for the expansion of the church to include a new administration building, a multi-
purpose hall and a religious school. She added the church also required a waiver of maximum
height for roof elements of the building and a waiver for the minimum number of parking spaces.
Ms. Vander Dussen explained the new administration building would replace a smaller one, with
increased landscaping, including a 15-foot wide buffer adjacent to the residential neighborhood to
the west. Some portions of the building she noted would exceed the height limit of 35 feet by 38
or 39 feet and the roof features would range from 27 to 66 feet away from existing residences.
The church felt the additional height was necessary in order to make sure the new building was in
proportion to the existing church building with only a small portion of the building exceeding the 35
foot height limit and those features would be lower than the existing church on the site.
ANAHEIM CITY COUNCIL MEETING MINUTES
May 16, 2006
Page 12
Mayor Pringle asked what the height of the existing church was and Ms. Vander Dussen pointed
out the existing towers exceed 50 feet in height with the central dome approximately the same
height.
She reported the appellant was a resident located near the southwest comer of the church
property and had raised a number of concerns related to the expansion. Some of those concerns
were for late night activities, inadequate fence heights and landscape setbacks as well as parking
lot light glare, the serving of alcoholic beverages during church events and inadequate parking for
the members. Ms. Vander Dussen explained the Planning Commission considered those
concerns during its deliberation and imposed conditions that limited the hours of activity to 10
P.M. Sundays through Thursdays, 11:00 P.M. on Fridays and 2:00 A. M. on Saturday nights or
Sunday mornings. The church was required to provide security after 10 P.M. and to provide a six
foot high fence between residences and the church and a 15-foot wide landscape buffer adjacent
to the homes to be planted with trees. With respect to service of alcoholic beverages, she noted
that was regulated by the Alcohol Beverage Control Board not by the City. The final issue raised
was parking, and 68 additional spaces would be provided as part of the expansion to total 192
spaces. She acknowledged the Anaheim Code required 492 spaces for a church of this size but a
parking study had been submitted which demonstrated the parking provided would be adequate
for this particular church. Some neighbors, stated Ms. Vander Dussen, also raised concerns of
continuing violations on the property, but City records did not reflect noise or other disturbances
on this property with the Police Department reporting one call in the last several years. After the
Commission conditionally approved the applicant's request, a letter of opposition was received
from a Mr. Ward who expressed concerns similar to those raised by the appellant and also
expressed concerns with how the annual Greek Festival was operated. Ms. Vander Dussen
stated that although the Greek Festival was not before the Council, they were prepared to
respond to any questions on that event. Mr. Ward also expressed concerns about the
maintenance of property owned by the church at 519 North Dale Street. This property was not
part of the request before the Council but the Community Preservation staff was investigating
these complaints and she pointed out the applicant agreed to remedy any code violations that
were to be found. She ended her presentation recommending approval.
Mayor Pringle opened the public hearing.
Lee Petros, a member of St. John's Greek Orthodox Church and the parish council involved with
the expansion, reported he had the opportunity to review the letter submitted for the appeal of
which three issues related to the project - a time restriction, the variance/height restriction and the
parking. He said there was currently no time restriction in place and with the time constraints now
imposed, any of the neighbors' concerns should be alleviated. Related to allegations of a frequent
history of the Police Department being called out to the church, Mr. Petros commented the only
call-out shown was on March 13,2006 at 12:32 A.M. when a man had a heart attack and passed
away which prompted the police and medical service presence. He believed allegations of
frequent noise and historical abuses were baseless. He further stated with any event going past
10 P.M., there would now be security personnel to escort people to the parking lot to minimize any
noise. With regard to parking, he acknowledged the expansion was to accommodate current
church members, and that the church was not seeking to attract new members and the parking
met their current needs. For the Greek Festival, he referred to off-site parking provided by buses
which would now be rerouted by not going through the residential neighborhoods. Related to the
height restriction, the current sanctuary was 50 feet in height, and the variance request for an
ANAHEIM CITY COUNCIL MEETING MINUTES
May 16, 2006
Page 13
additional four feet about the 35 feet, he felt was not significant compared to the current height of
the towers. .
Council Member Galloway asked for clarification as to the time limitation and that was provided.
Thomas Brown, 324 North Coolidge Avenue, stated he and other neighbors had been having
problems with the church for some time. He emphasized there were a lot of noise complaints
against the church, but that complaint only appeared on the dispatcher's tapes not on the police
blotter. By not putting the complaint on the blotter, residents would not be required to report
nuisances at the time their homes were sold. He indicated the police department periodically
visited the church on Friday and Saturday nights to put a stop to the noise. He also complained
the Planning Commission would only hear new concerns at the Commission public hearing and
would not allow the complaints listed in his appeal application to be restated during the hearing.
He also indicated there was a glitch in the timeline in which a citizen could make an appeal.
Mayor Pringle suggested Mr. Brown share any information he wished to share on the expansion
of the Church at this time and further requested the City Attorney to investigate whether there was
enough time for individuals to file an appeal after a Planning Commission decision.
Mr. Brown listed the following complaints: 1) He was unable to determine who owned the church
property; 2) there was a concern with the fence constructed as a requirement of the original
conditional use permit being built with little foundation and little steel and filled to a three foot level
so that it now became a retaining wall that was too low on the church side and too high on Mr.
Brown's residential property; 3) grading had been done without a permit; 4) party noise was a
continuing nuisance and especially when church members left at 2:00 A.M. in the morning; 5) a
2:00 A.M. time restriction on Saturday night would be precedent setting for other Anaheim
churches; 6) the glare from the parking lot lights was disturbing to the neighborhood; 7) the noise
from the amplified Greek Easter was a nuisance as well; 8) and the week long Greek Festival
was amplified and disturbing to the neighbors.
Joanne Caldwell wanted to ensure the cypress trees along the back of the retaining wall would be
removed. Mayor Pringle asked for clarification on the retaining wall and current landscaping.
Della Herrick, Planner, reported that currently there was little landscaping and the church would
be removing most of the cypress trees and replanting that area with new trees and shrubs. The
church would also be constructing a new block wall six feet from the property line and all other
walls would be required to be meet Code. There would be 15 feet of landscaped setbacks away
from all of the walls along the back of the property.
With no other public testimony offered, Mayor Pringle closed the hearing, asking if there was a
condition relating to lighting in the conditional use permit. Ms. Vander Dussen replied there was
no condition, but that the conditional use permit submittal included a photometric survey that
detailed the lighting plan which demonstrated the church could comply with the City's
requirements and they would be obligated to develop in accordance with that plan because it
would be part of the approved package. Mayor Pringle asked if new parking lights would be
installed in the parking lot; Ms. Vander Dussen responded they would be installed and approved
by staff with specific illumination levels related to spillover on adjoining properties, all part of the
development of the project. She added as the applicant moved through the construction phase,
the lighting plan would not be signed off until it was brought to that level of specification. He
inquired about the education component to the new building and Ms. Vander Dussen indicated the
church was proposing to offer religious instruction to members of the church on site, but would not
ANAHEIM CITY COUNCIL MEETING MINUTES
May 16, 2006
Page 14
be offering educational instrudion such as might be offered in lieu of a public school. Mayor
Pringle confirmed that a non-profit organization, St. John's Greek Orthodox Church of Orange
County, owned the property.
Council Member Hernandez to approve Resolution No. 2006-095, seconded by Council Member
Sidhu.
RESOLUTION NO. 2006-095 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM granting Conditional Use Permit No. 2006-05064.
Roll call vote: Ayes - 5; Mayor Pringle, Council Members: Chavez, Galloway, Hernandez and
Sidhu. Noes - O. Motion carried.
44. VARIANCE NO. 2005-04655
C250 TENTATIVE PARCEL MAP NO. 2005-157
OWNER: Gary Calkins Trust, 6263 East Trail Drive, Anaheim, CA 92807
AGENT: Steve Ellis, 4742 Yorba Lane, Yorba Linda, CA 92886
LOCATION: 6263 East Trail Drive: Property is approximately 3.2 acres having a frontage
of 47 feet at the terminus of Trail Drive and is located 145 feet west of the centerline of
Whitestone Drive.
Variance No. 2005-04655 - Request waivers of (a) maximum structural height, (b)
maximum retaining wall height and (c) lot frontage on a public or private street to construct
a single-family residence.
Tentative Parcel Map No. 2005-157 - To establish a 2-lot, 2-unit detached single-family
residential subdivision.
ACTION TAKEN BY THE PLANNING COMMISSION:
CECA Mitigated Negative Declaration - Approved - Vote: 6-1, Chairman Eastman voted
no.
Variance No. 2005-04655 - Granted - (Deleted Condition Nos. 9 and 10) Vote: 5-2;
Chairman Eastman and Commissioner Velasquez voted no.
Tentative Parcel Map No. 2005-157 - Modified Condition No.2. Approved. Vote: 7-0
Sheri Vander Dussen, Planning Director, reported the owner of 6263 E. Trail Drive requested a
subdivision of 3.2 acres of property into two parcels to allow a second residence to be constructed
and included in the request was a variance to waive the maximum height of the home, the
maximum retaining wall height and required lot frontage. She explained the Planning Commission
approval had been appealed by a neighboring property owner based on concerns pertaining to
grading, retaining wall heights, and the height of the proposed home and protection of specimen
eucalyptus trees and slope stability.
She noted staff had worked closely with the applicant to mitigate the aesthetic impads of the
grading, retaining walls and height of the residence which would be visible from publiC streets and
neighboring properties and had recommended a condition of approval that the applicant construd
plantable retaining walls instead of solid concrete retaining walls so they would be completely
covered in vegetation. In addition, the retaining walls would be constructed at an angle resembling
the natural slope when the vegetation covered the entire wall.
With regard to the wall height waivers, she noted staff supported the variance based on site
constraints such as the steep topography and irregular lot shape. She added there were several
ANAHEIM CITY COUNCIL MEETING MINUTES
May 16, 2006
Page 15
retaining walls in the immediate vicinity exceeding the three foot height limit prescribed by Code
and completely covered with vegetation fitted into the existing hillside landscaping. Access to the
site would be provided via a 15-foot wide private driveway. The appellant had voiced concerns
regarding construction impacts to the row of mature eucalyptus trees located on the adjoining
property west of the driveway. She pointed out the proposal did not include the removal of any of
these trees and the applicant had hired two independent arborists to survey the project site and
both indicated that the construction of the private driveway would not compromise the health of the
neighbor's trees if recommended methods to protect the trees during grading and construction
were used. In addition, Ms. Vander Dussen stated the City's arborists reviewed the findings and
concurred with that assessment and there was now a condition of approval requiring a certified
arborist to be present during grading and construction of the driveway pursuant to the Planning
Commissions action.
With regard to the elevations of the proposed house, it was a two story Mediterranean style
residence with a maximum height of 34 feet for the front elevation and 20 feet for the rear
elevation. The front elevation would face the downhill neighbors to the west. She pointed out the
large difference in height was due to the house being nestled into the hillside and the steep
topography of the property created a hardship justifying the proposed height waiver. She added
that constructing the home at a 34 feet height would not block the views of the surrounding
properties since the home would be substantially lower than neighboring properties to the east and
southeast and the properties to the north and northwest were lower than the proposed home. She
further noted that similar height waivers had been granted on Ramsgate Drive and Whitestone
Drive directly adjacent to the project site. After addressing concerns from the neighborhood, Ms.
Vander Dussen reported the Commission concluded that the proposed project was compatible with
the existing and surrounding land uses and that the project as conditioned was designed to
maintain the privacy and livability for residents within the subdivision. Both staff and the Planning
Commission recommended approval of this application.
Mayor Pringle opened the public hearing.
Steve Ellis, agent and civil engineer on the project, represented Mr. Calkins, the owner who
intended to live in the new home. Mr. Ellis stated the owner had 30 years of experience in hillside
grading and constructability of homes that he had built himself. Mr. Ellis reported working diligently
with staff throughout the approximately two-year project taking into consideration site plans, wall
heights, and grading schemes and obtaining and receiving approval of all required environmental
documents.
Neil Siegel, 6221 Trail Drive, elaborated on the history of the property reporting that in 1998 a
tentative tract map, variance submittal and negative declaration had been denied by the Planning
Commission. He explained the subdivision had been for four homes, but that the denial was based
on the two houses to be built into the slope, not the homes to be built on the top. He pointed to the
similarities between the footprints of the 1998 homes and the home currently proposed. One of the
reasons for denial of the 1998 project was concern for the specimen eucalyptus trees noting that
Jack Kudron of the City of Anaheim had commented that root pruning, adding soil, compaction or
paving to and around the trees could weaken them, adding that those findings were similar to
Mr. Greg Applegate, an arborist who submitted a construction impact report in 1998 and a fOllow-
up letter in 2006. Relative to grading, Ms. Siegel pointed out the City's General Plan policy on
grading stated development should follow the natural contours of the land, therefore keeping
ANAHEIM CITY COUNCIL MEETING MINUTES
May 16. 2006
Page 16
grading to a minimum. He objected to the character of the hillside area being altered by extensive
technical operations.
Greg Applegate, registered consulting arborist, indicated he had expressed his concerns about the
specimen trees in 1998 and continued to believe that construction close to the trees would have an
impact on the continuing health and growth of the trees.
Douglas McGavin, 291 Riverwood, was opposed to the construction of the project, feeling the
height variance was not justified and any home should be built to Code. He expressed concern
that 4,000 cubic feet of dirt could be retained by 900 linear feet of retaining wall, pointing to the
nearby Ramsgate slide.
Richard Price, attorney representing Dr. Gavin, provided a copy of a letter sent to Council May 9th
in opposition to the project, asking that it be made a part of the record. He stated the primary
concern was the inappropriateness of using a negative declaration as the environmental
documents for this project. He expressed concern for the variances granted by the Planning
Commission, stating there were insufficient findings to justify the waivers. He addressed the fire
and safety vehicle access which would be hampered by the existing retaining walls and asked
Council to reverse the Planning Commission's decision.
Elizabeth Hearn, stated the proposed project was behind her home and she was fearful of a slide
occurring.
Carolyn Svensson, nearby resident, stated this area had been declared a sensitive area for nature
and expressed concern at impacting protected species such as the California gnatcatcher and
other species less protected such as the cactus wrens.
Jill Perris, 6270 East Arboretum, was in opposition to the project primarily due to hill slides and had
been under the impression the City would protect and not develop the surrounding areas.
Marilyn Capel was supportive of the project, indicating the owner had been proactive in discussing
his plans with the neighbors to insure their concerns were addressed and felt he would build a
quality home that would be an asset to the neighborhood.
Mark Govis, Ramsgate resident, pointed out that the Ramsgate homes had become extremely
depressed economically due to the slide. He added this project was not adjacent to Ramsgate, it
was located on the back side, across the valley and was not related to the Ramsgate slide land.
He was supportive of building a quality home which would add value to the area.
Mike Treadway, consulting geologist, stated the landslide issue was misleading pointing out the
Calkins property was not mapped within the landslide area. He had personally looked for slide
planes and shear zones in the structure underlying the site commenting the Calkins slope was
favorable for construction and was a moderate slope and should have no problem from a
geotechnical or geological point of view. He suggested after a cut had been made from the
eastern portion behind the house, that a licensed geologist evaluates the slope, maps it to make
sure there were no slip surfaces or zones to indicate sliding but it was his opinion it was a sound
geological site.
ANAHEIM CITY COUNCIL MEETING MINUTES
May 16, 2006
Page 17
Ross Hammond, soils tester, explained his experience and background. He felt there was no
problem with constructing on the sandstone on the site, indicating this builder never took chances
and built the finest products in Orange County. He pointed out the applicant put in a fire road at
the bottom to allow access to homes, cleaned out the loose trash and dry wood and enhanced that
side of the hill and would work to insure everything would be done properly.
Christine Cory, attorney and friend of Mr. Calkins, stated the applicant had worked for
approximately two years with the Anaheim planning staff and together had developed a plan that
addressed all concerns raised by staff. He had agreed to moving the house further back on the
property, increasing the width of the driveway, to minimize the walls in front of the residence to two
six foot walls rather than 10 foot walls and developed a plan which mitigated any aesthetic impacts
of the neighbors. She added Mr. Calkins proposed to build a single family residence in which he
intended to reside and to retire and requested approval of the variances due to special
circumstances applicable to his property due to its shape, topography and location which do not
apply to other properties in the vicinity and, because of these circumstances, the strict application
of the zoning code would deprive this property of privileges enjoyed by other properties under
identical zoning classifications in the vicinity.
Gloria Kolaras, long-time resident, asked who would be ultimately responsible if the slope comes
down into someone's yard. Mayor Pringle responded it would be responsibility of the homeowner.
Bonnie Calkins commented on the eucalyptus tree issue, indicating that an arborist determined
some of the trees had been non-selectively reduced or topped which would weaken and
compromise the branch structures and from this arborist's viewpoint, some damage had already
been done due to the pruning.
Gary Calkins, applicant, commented he was building the house with the garage below as he liked
to build hotrods. He intended to sell his 10,000 square foot, eight-car garage on the hill. His
proposed home would be built in such as way that none of his neighbors would see more than 16
feet of the house from their backyard. He added he tried to think of his neighbors when he was
designing the home. He also stated he would move the house back another ten feet if it would
help the neighbors. He indicated he had hired two arborists to insure he would not impact the
specimen row of trees and would be happy to work with the arborists when trenches were dug for
his utilities to insure everything was done to protect the trees.
Susie Siegel rebutted the statement made regarding topping of the eucalyptus trees pointing out it
had been done in the same manner for 20 years and they had not lost a tree.
With no other testimony offered, Mayor Pringle closed the public hearing.
Mayor Pringle questioned the applicant on site elevations. Mr. Calkins indicated the Planning
Department measured height from the garage floor and while the house was 18 feet high from floor
level up, it was fourteen feet below ground. The living area of the house was ten feet high with an
eight foot roof. Discussion was held relative to driveway width and retaining wall width and any
impacts resulting in changes to those widths. Ms. Vander Dussen added the gutters were required
to prevent water from the property draining onto adjoining properties. Mayor Pringle also asked
staff if there were any additional conditions that could be added to limit any potential impact to the
specimen trees. Ms. Vander Dussen indicated the trees were a huge asset to the neighborhood
ANAHEIM CITY COUNCIL MEETING MINUTES
May 16, 2006
Page 18
and in addition to the Planning staff reviewing the conditions, the City's arborist had assisted in
evaluating reports and suggested Mr. Hudak offer comment at tonight's hearing.
Allen Hudak, the City's Urban Forester Manager, reported the concern for the trees occurred at the
site where the sewer or trenching might be located for the proposed home. The utilities were
proposed to be located by the retaining wall at least 15 feet from the base of the trees and with the
builder taking all precautions and doing minimum excavation work around the roots, Mr. Hudak
believed 15 feet was far enough away to protect the trees.
Council Member Galloway asked if there was a condition relating to having an arborist present
when the utilities were installed and Ms. Vander Dussen confirmed there was a requirement to
have an arborist present to address that issue.
Council Member Chavez asked staff if there were any potential for landslides affecting the
proposed property. Natalie Meeks, Public Works Department, indicated the site was near the
Ramsgate landslide area but was not a part of the landslide feature. She noted that geotechnical
information revealed this property was suitable for development. Council Member Chavez
remarked the only concern he had was whether or not there was a potential for a landslide to occur
and with staff's response to that question, he was now comfortable and would support the project.
Council Member Sidhu asked why the 1998 project had been rejected. Amy Vazquez, Associate
Planner, responded the project had changed significantly since 1998. The original request had
been for a four lot subdivision with 12 foot high retaining walls, substantial cut and fill and the
removal of several specimen trees. Two homes were proposed above and two homes below and
now, she stated, only two homes were being proposed for the site.
Council Member Sidhu asked why the need for a 6,000 square foot garage space and Mr. Calkins
replied there would be a workshop, possibly a maid's quarters but that most of it would make up
the garage as he was a car collector. Council Member Sidhu asked if the elevation could be
reduced; Mr. Calkins stated if he reduced the height of the garage, a car lift could not be installed,
as it required 13 foot 6 inches in height. He added it would also change the amount of dirt he
would have to move and would significantly reduce the back yard. He further added when staff cut
the retaining walls down to two six foot walls, the pool then had to be placed in the back yard
instead of the front yard as he had originally planned. Council Member Sidhu asked how many of
the neighbors' swimming pools he could see and Mr. Calkins responded he could view them all.
He stated he could push the house back ten feet to give the neighbors more privacy but that one of
the reasons to get the slope up was to protect the neighbor's privacy.
Council Member Hernandez commented a statement had been made two years or more ago that
the slope was too steep. Amy Vazquez indicated that in 2002, there had been a profile filed in the
department and that was when the comments were made. She added the plans were very
preliminary and they included 12 foot high retaining walls and staff had a negative recommendation
at that time. She stated the plan was modified to mitigate those impacts by reducing the retaining
walls and the amount of cut and fill. Council Member Hernandez asked if there were any issues
involving Mr. Calkins as a builder in the City. Ms. Vazquez responded he had complied with
permits and codes and she did not recall any problems. She commented there was a question in
grading the access road on the bottom but Mr. Calkins had worked with staff and resolved that
issue.
ANAHEIM CITY COUNCIL MEETING MINUTES
May 16, 2006
Page 19
Council Member Chavez was supportive of the project feeling the applicant had been considerate
to his neighbors and would build a quality home and moved to approve RESOLUTION NO. 2006-
096 and approve Tentative Parcel Map No. 2005-157, seconded by Council Member Galloway.
Council Member Hernandez felt there were too many questions in his mind relating to the
specimen trees and the slope and would not support the project. Council Member Sidhu would
also not support the project due to the height elevations and the impact to the specimen trees.
Mayor Pringle was supportive of the project stating the builder was looking to orient the house
down the hill so neighbors below would be looking up at the front of the home. And while he did
not want to see the eucalyptus trees harmed, he believed building a driveway on an individual's
property was a right, also pointing out the City's arborist believed the construction would not harm
the trees. He added the home would be built lower into the side of the hill establishing greater
stability and that the stability of the slope was not in question and the hillside had been determined
safe.
RESOLUTION NO. 2006-096 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM approving Variance No. 2005-04655.
Roll call vote: Ayes - 3 Mayor Pringle, Council Members: Chavez, Galloway. Noes - 2; Council
Members Hernandez and Sidhu. Motion carried.
Report on Closed Session Actions: None
Council Communications:
Council Member Hernandez announced early voting was available at the City Clerk's Office from
May 22 through May 26, 2006 for the June 6, 2006 Primary Election. He also emphasized the
BEGIN Project which provided down payment assistances specifically for properties on Olive
Street and East Santa Ana Street.
Council Member Sidhu apprised the public of the grand opening for the Haskett Branch Library
scheduled for Saturday, May 20, 2006 indicating the Friends of the library were sponsoring a family
festival to celebrate the new library in Maxwell Park.
Council Member Chavez reiterated that the public comment session on Council agendas were to
provide a vehicle for the publiC to bring issues to the attention of the community and that everyone
had a right to speak even though comments were inaccurate or offensive in their tone and
vocabulary, clarifying or correcting some of those comments made.
Due to KCBS news and some legislators utilizing the press to their advantage by holding a press
conference in front of Disneyland related to the placement of sex offenders % mile from Disney
gates, Mayor Pringle took this time to inform the public on Megan's Law. He stated any individual
could go on line and see who was registered as a sex offender in Anaheim and that the City had
nothing to do with where those offenders were located and asked Deputy Chief Sain to explain the
process.
Deputy Chief Sain indicated there were 264 sex offenders accessible through Megan's Law
registered in Anaheim and that the Anaheim Police Department regularly checked the data base of
offenders to insure they were registered per law. He indicated an offender must register with local
police department within five days of moving within the jurisdiction and if a residence was changed,
ANAHEIM CITY COUNCIL MEETING MINUTES
May 16, 2006
Page 20
the offender must register within 5 days. He added it was up to the offender to decide where he or
she wants to live, to report back to the parole agent and if that location was acceptable a voucher
was given. Additionally, an offender must reregister annually within five days of the offender's birth
date.
Deputy Chief Sain added that of all the Penal Code 290 registrants required to be registered in
California, only 7 to 10 percent were on parole. He stated that the Anaheim Police Department
had spoken with the interim diredor of parole operations for California concerning Anaheim and
found the California Department of Corredions (CDC) recently removed four previously mentioned
offenders to find new places to reside since the media publicity. He added the CDC did not
generally place offenders in a particular location, that it was up to the offender to decide where to
live and was then up to the parole agent to verity that residents did not violate any restridions. The
Diredor has informed his parole agents not to permit any offender to move into a motel within a
one mile radius of Disneyland.
Deputy Chief Sain commented the police department would continue to track all offender resident
locations, work with the CDC to insure appropriate compliance to resident restridions and was also
going to train personnel with the CDC monitoring system which tracked movement of seleded
sexual offenders on parole in Orange County. This CDC tracking system would improve the
registered offender compliance with their restridions and conditions, noting there were currently 40
parolees with the monitoring devices within Orange County.
He stated on Megan's Law website, there were two broad categories of offenders - one required
the full disclosure of name, physical description and specific resident address information. These
individuals generally had multiple prior convidions, and were predatory type individuals and more
serious offenders. Another category was the less serious offenders whose public notifications
required disclosure where they reside within a certain zip code, but did provide a name and
physical description. Law enforcement agencies were provided with more data base information
that what was available to the public under Megan's law and currently, Deputy Chief pointed out,
there were 445 offenders registered in Anaheim.
Adjournment:
At 9:46 P.M., with the consent of Council, Mayor Pringle adjourned the May 16th meeting.
Respectfully submitted,
Sheryll Schroeder, MMC
City Clerk