1999/10/26ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
OCTOBER 26, 1999
The City Council of the City of Anaheim met in regular session.
PRESENT: MAYOR : Tom Daly
PRESENT: COUNCIL MEMBERS : Frank Feldhaus, Lucille Kring, Tom Tait, Shirley McCracken,
ABSENT: COUNCIL MEMBERS:
PRESENT: CITY MANAGER : Jim Ruth
SENIOR ASST. CITY ATTORNEY : Cristina Talley
CITY CLERK : Sheryll Schroeder
ASST. CITY CLERK : Ann Sauvageau
COMMUNITY SERVICES MANAGER : Chris Jarvi
EXEC. DIR. COMMUNITY DEVELOPMENT : Elisa Stipkovich
JOB TRAINING PROGRAM MANAGER : Ruben Aceves
RECREATION SUPERINTENDENT : Terry Lowe
PARK PLANNER : Dick Mayer
A complete copy of the agenda for the meeting of the Anaheim City Council was posted at 3:25 p.m. on
October 22, 1999 at the City Hall Bulletin Board, (both inside and outside the entrance to City Hall)
containing all items as shown herein.
Mayor Daly called the Workshop portion of the meeting of October 26, 1999 to order and welcomed
those in attendance.
City Manager, James Ruth introduced Chris Jarvi, Community Services Director who will give the
presentation on the Ross Park Development.
ROSS PARK DEVELOPMENT :
150: Chris Jarvi, Community Services Director. He gave a
presentation on the Ross Park Master Plan supplemented by Power Pointe slides (hard copies of which
were presented in booklet form – re: Ross Park Master Plan Presentation – made a part of the record)
and graphics that were presented on easels in front of the dais. The presentation covered the following
which were briefed by Mr. Jarvi ; park size (a 6.93 acre neighborhood park at Santa Ana Street and
Manchester Avenue), surrounding land uses, park deficiency area, the design process (which included
four community meetings), master plan approval (if Council is amenable to the plan, staff will take it to
the Parks and Recreation Commission tomorrow and subsequently return to the Council), integration with
Betsy Ross School expansion, park design elements, future park expansion opportunities/constraints
(possible future acquisition of Home Oil Property), funding and development costs estimates, issues
raised by the community, project schedule if plan is approved. (Also submitted was a map showing
gymnasiums within an approximate 1 ¼ mile radius of the Ross park site and a Conceptual Master Plan
of the site.)
Some of the major issues/aspects of the plan were discussed in more detail. Mr. Jarvi . The Community
Center multi-purpose building (being provided by the school as part of the expansion ), is not just for
school purposes, but for community use as well. The school itself is a locked-off campus but the
multipurpose room (community center) was placed next to the parking lot so it could be used even on
school days for resident-type uses. Relative to the Home Oil property, the land acquisition cost is at
least $1 million, an amount that Community Services does not have in the budget; however, they wanted
to move ahead and not wait. If they acquire the site, there are other issues that would also have to be
resolved (which he explained). Relative to a gymnasium/youth center, there has been an appeal for
such facilities. A gym along with a park would take up about 2/ 3’s of the site. If there were to be a gym
at the location, it would cost approximately $1.2 million for a high-school gym and $1.0 million for a jr.
high gym with operating cost of $281,000 a year. It is not that another publicly owned gym is not needed,
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
OCTOBER 26, 1999
but not at this location. He referred to the map submitted showing the close proximity of other school
gyms in the area and also the newest City gym built next to the Downtown Community Center.
Mr. Jarvi briefed the features of the community center that is to be provided at Ross Park noting that the
school would not have normally included such a facility. It is the only school that has anything like it to
serve the needs of the community. The City will get a $1.5 million building at no cost.
At the conclusion of the presentation, Council Members posed questions relative to many aspects of the
plan. Mr. Jarvi first confirmed for the Mayor that approval of the Master Plan itself will come back to the
Council and staff would then start the design process. Council Member Tait . He would like to see a
more active than passive park, one which would include two soccer fields; Mr. Jarvi explained that staff
had looked at the possibility of putting in some fields (other than the baseball field) and, working from the
graphics, showed the possibilities considered but it was determined in the final analysis, that without the
Home Oil property at this time, it was not feasible to add additional fields.
Extensive discussion/questions followed on the issue of adding additional fields, lighting the ballfield,
status of negotiations with Home Oil and related issues (such as the possibility of ground contamination),
proposed landscape treatment on both sides of the railroad track, views into the park site, etc. Additional
input was given by Mr. Jarvi, Dick Mayer, Park Planner, and Terry Lowe , Recreation Superintendent.
Before concluding the discussion, Mr. Jarvi confirmed that the design proposed came from community
input. The community was not asking for multiple ball fields. With the exception of the gym, the plan
presented is what they wanted to see – a mix of active and passive uses for the neighborhood.
Council Input Relative to the Plan:
Council Member Tait . He would not take anything out of the plan but trade some of the passive open
space for another playing field. He made a template of the field and feels they can move the baseball
field down and put another field in the northern portion and place the building and basketball courts in the
upper right; Mayor Daly asked for a rendering of some sort that would lay out that possibility and the
expense involved; Council Member McCracken. It is necessary to keep the play area for the younger
children; Council Member Kring : If the Home Oil property is acquired, a soccer field could be
accommodated in that area. Mr. Jarvi stated he did not want to leave the impression they were close to
acquiring the Home Oil property. Working from the drawing, he noted the bigger triangle is $1 million
and the smaller triangular piece is $65,000. When staff comes back with a design, they will show what
the alternatives can be.
Mayor Daly. He would like to see the ultimate layout of the park if the property is acquired. Knowing
what the ultimate configuration of the park is going to be will be very helpful to the Council. He also
asked if barbecue pits were a part of the plan.
Dick Mayer. There may be some barbecue pits where there are picnic tables ; Mayor Daly. He feels the
issue needs to be discussed at some future time. His personal feeling is that barbecues create
problems.
Council Member McCracken . Parks like Pearson and LaPalma Park are utilized heavily by families,
especially those that don’t have air conditioning. They go to parks to barbecue and for their children to
use the play areas. Those things create a balance in park uses ; Chris Jarvi. Modjeska Park does just
that and it has only one ball field. It is a tremendous asset to the neighborhood.
Mayor Daly. The plan presented is a logical and useful plan. He reiterated the request for an alternative
that attempts to lay out the second soccer field and also showing what the ultimate layout of the park can
be if all acquisitions take place and, relative to lighting the field, to provide the cost of doing so. The
time table is a good one and the treatments at the edges make sense. The plan needs to work as well as
possible with the school. They look forward to the next steps and any other alternatives to make the park
as attractive and useful as possible.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
OCTOBER 26, 1999
Chris Jarvi . The requests of the Council can be fairly simply done. Staff will come back in a couple of
weeks with alternatives and will hold off taking anything to the Parks and Recreation Commission
tomorrow.
Council Member Tait assured Mr. Jarvi that he was especially pleased that Community Services was
able to bring the plan to fruition since he believes urban in-fill parks are very important.
Mayor Daly thanked staff for the informative and detailed presentation.
REQUEST FOR CLOSED SESSION:
City Attorney Jack White requested a Closed Session noting first that there were no additions to
Closed Session items.
PUBLIC COMMENTS - CLOSED SESSION ITEMS:
There were no public comments relative to Closed Session items.
The following items are to be considered at the Closed Session.
CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION
1.
54956.9(a) – Existing Litigation:
Name of case
: Vista Royale Homeowners Assoc. vs. 396 Investment Co. fka The Fieldstone
Company, et al., Orange County Superior Court Case No. 77-30-74, (and related cases).
CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION
2.
54956.9(c) – Anticipated Litigation:
Number of potential cases :
one.
CONFERENCE WITH LABOR NEGOTIATORS:
3.
Agency designated representatives
: David Hill, Jim Ruth
Employee organization
: Anaheim Fire Association.
CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION
4.
54956.9(a) – Existing Litigation:
Name of case
: Pepper v. City of Anaheim, et al., Orange County Superior Court No. 78-22-21.
CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT
5.
CODE SECTION 54956.8
Property
: Rancho Del Rio Stables located east of SR 57, west of Phoenix Club Drive, south of
the Phoenix Club and north of the Union Pacific RR right-of-way.
Agency negotiator
: James D. Ruth
Negotiation parties
: City of Anaheim and Robert G. Jones
Under negotiation
: lease renewal and terms
PUBLIC EMPLOYEE PERFORMANCE EVALUATION:
6.
Title:
City Manager, City Attorney, City Treasurer, City Clerk
(Public action may be taken on salary adjustments for City Council appointees)
By general consent, the Council recessed into Closed Session. (3:37 P.M.).
AFTER RECESS:
Mayor Daly called the regular Council meeting of October 26, 1999 to order at 6:07 P.M. and
welcomed those in attendance.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
OCTOBER 26, 1999
INVOCATION: Pastor Rick Dana from the Cornerstone Foursquare Church gave the invocation.
FLAG SALUTE:
Council Member Kring led the assembly in the Pledge of Allegiance to the Flag.
FINANCIAL DEMANDS AGAINST THE CITY
in the amount of $5,139,439.83 for the period ending
October 26, 1999, in accordance with the 1999-2000 Budget, were approved.
ADDITIONS TO THE AGENDA:
There were no additions to agenda items.
ITEMS OF PUBLIC INTEREST:
Mr. Gerald Bushore , Anaheim resident. He feels it is wrong for someone to give their address when
addressing the Council; there needs to be another way. He then reported on several instances where
people have accessed his credit report. He also received two items in the mail from the Public Utilities
Department on Thursday, the first being a credit report which he had not requested. He was concerned
that there is no policy that such requests be made in writing. He urged the establishment of a policy that
any credit references have to be requested in writing. The second item relates to the notice received on
the City’s Paramedic program, an issue he addressed approximately 20 years ago when the charge for
same appeared on the Utility bill. At that time he stated it could not just be included on the bill;
subsequently, a check-off box was included to either accept or reject participation. The recent notice
indicated in red letters, “final notice” which was disconcerting to him especially since he thought such
techniques had been stopped 20 years ago. He and his wife both have insurance and do not want/need
to spend another $36 for the program. If the City (for whatever reason) sends notices, he asked that they
not contain big red (warning) letters.
Mayor Daly. He asked the City Manager to check into the current policies and practices on the subject of
credit references and also to address the latter subject and convey to the Council his analysis and
recommendation.
PUBLIC COMMENTS:
There were no public comments on City Council Agenda items.
MOTION:
Mayor Daly moved to waive rea ding in full of all ordinances and resolutions to be acted upon for
the Council meeting of October 26, 1999. Council Member McCracken seconded the motion.
MOTION CARRIED.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR A1 – A11:
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; Mayor Daly offered Resolution No. 99R-216, for adoption. Refer to Resolution Book.
A1. 118: Rejecting and denying certain claims filed against the City. Referred to Risk Management.
The following claims were filed against the City and actions taken as recommended:
a. Claim submitted by Elmer O. Caballero for property damage sustained purportedly due to
actions of the City on or about August 8, 1999.
b. Claim submitted by David K. Gordon for property damage sustained purportedly due to
actions of the City on or about July 4, 1999.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
OCTOBER 26, 1999
c. Claim submitted by Navaz Malik, Texaco Service Station. for property damage sustained
purportedly due to actions of the City on or about July 28, 1999.
d. Claim submitted by Mary Jo T. Ross for property damage sustained purportedly due to
actions of the City on or about March 19, 1999.
e. Claim submitted by Rose Roush for property damage sustained purportedly due to actions of
the City on or about August 31, 1999.
f. Claim submitted by Mike Rowley for contractual indemnity sustained purportedly due to
actions of the City on or about September 21 1999.
g. Claim submitted by Patricia & Eric Wellmeyer for property damage sustained purportedly due
to actions of the City on or about August 19, 1999.
A2. 117: Receive and file the Investment Portfolio Report as submitted by the City Treasurer.
128: Receive and file the Monthly Financial Analysis for one month ended July 31, 1999, as
presented by the Finance Director.
175: Receive and file Docket No.ER99-4310-000, et al. of the United States of America Federal
Energy Regulatory Commission.
175: Receive and file Docket Nos. EC99-105-000 and ER99-4039-000 of the United States of
America Federal Energy Regulatory Commission filed on August 10, 1999, for an application for
the sale by Edison of jurisdictional facilities to the City of Anaheim.
A3. 175: Award a contract to the lowe st responsible bidder, Lambco Engineering, Inc., in the amount
of $876,959.60 for Underground District No. 35, Citron Street, and approve the Escrow
Agreement pertaining to contract retentions with Lambco Engineering, Inc. and authorize the
Finance Director to sign said Agreement.
A4. 123: Approve an agreement with the United States Department of Energy Urban Consortium
Energy Task Force for the Electric Vehicle Station Car Program Tool Kit and authorize the Mayor
and City Clerk to execute said Agreement.
A5. 123: Waive Council Policy 401 and enter into agreement with Kimley-Horn Associates to
provide modifications to the City’s traffic systems to enable the TravelTIP Program.
A6. 158: Approve the First Amendment to an Acquisition Agreement for purchas e and sale of real
property for 101 West Katella Way (R/W 5180-38) authorize the Mayor and City Clerk to execute
said Amendment.
A7. 123: Approve the First Amendment to an Agreement with Hunsaker & Associates for a change
in the rate schedule for plan checking services provided to the Public Works Department.
A8. 173: ORDINANCE NO. (INTRODUCTION) AN ORDINANCE OF THE CITY OF
ANAHEIM amending certain provisions of Chapter 14.60 of Title 14 of the Anaheim Municipal
Code relating to transportation demand management.
173: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM to establish facility standards to be met by applicable developments pursuant to
Chapter 14.60.040 and superseding Resolution No. 91R-89.
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OCTOBER 26, 1999
Council Member Tait . He asked for a one-week continuance on this item unless it is a time-sensitive
issue; staff confirmed that a continuance would not create a problem.
MOTION. Council Member Tait moved to continue Item A8. for one week. Council Member McCracken
seconded the motion. MOTION CARRIED
A9. 182: Approve $846,603 of revenue and expenditure appropriations in Fund 224 from the prior
1998-99 fiscal year into fiscal year 1999-00.
A10. 176: RESOLUTION NO. 99R- 216 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM declaring its intention to vacate certain public streets, highways and service
easements and rescinding Resolution No. 99R-210 (99-7A) (Suggested Public Hearing Date
November 16, 1999).
A11. 114: Approve minutes of the Anaheim City Council meeting held September 28, 1999 and the
Special City Council meeting held October 14, 1999.
Roll Call Vote on Resolution No. 99R-216 for adoption:
AYES: MAYOR/COUNCIL MEMBERS : Feldhaus, Kring, Tait, McCracken, Daly
NOES: MAYOR/COUNCIL MEMBERS : None
ABSENT: MAYOR/COUNCIL MEMBERS : None
The Mayor declared Resolution No. 99R-216 duly passed and adopted.
END OF CONSENT CALENDAR. MOTIONS CARRIED.
. PRIVATE INDUSTRY COUNCIL APPOINTMENTS:
A12 182:
Reappoint Mr. Frank Jacobson to the Anaheim Private Industry Council ( PIC), representing the
Private Sector Category, for a four year term and Mr. Tom Kurtz, representing the Public Sector
Category, for a four year term to expire 2003.
Council Member Kring posed questions relative to advertising the positions, subsequently recommending
the appointments be continued since no advertising had taken place; Lisa Stipkovich, Executive Director
of Community Development explained the process followed with Private Industry Council
appointments/ reappointments. She then asked the JTP Manager to address the issue.
Ruben Aceves , JTP Manager. The motion before the Council is not to refill any existing vacancies but to
reappoint existing members, one for the private and one for the public sector categories. The legislation
allows, as long as the members request or desire to be reappointed , the Council can reappoint without
advertising. The Chamber of Commerce is the organization that does the nominating and subsequently,
staff submits a slate to the Council for their consideration.
MOTION. Council Member Kring thereupon withdrew her request for a continuance in order to advertise
the positions and instead moved to reappoint Frank Jacobson to the Private Sector Category and Tom
Kurtz to the Public Sector Category of the Private Industry Council as recommended for a four-year term
to expire in 2003. Council Member McCracken seconded the motion. MOTION CARRIED.
B. THERE WERE NO ZONING OR LAND USE ITEMS.
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
OCTOBER 26, 1999
C1. REPORT ON CLOSED SESSION ACTIONS:
There were no actions to report.
COUNCIL COMMENTS:
C2. 114:
Council Member McCracken:
On behalf of the Council she expressed sympathy to the family of
Eleanor Faessel who recently passed away. Her son, Steve Faessel is current Chairman of the Public
Utilities Board. In the recent past, Eleanor greeted people at the Anaheim Museum one day a week but
was also involved in many community activities. She will be missed; Mayor Daly also noted that Eleanor
lived at the corner of Clementine and Sycamore Streets in an historic landmark home which had unique
and rare palm trees on the property. He recalled , she was always kind and helpful in educating people
on the background of those trees.
Council Member Kring :
She reported that the ABC network was going to be presenting a program on
the 100 most influential women of the Century hosted by Barbara Walters and that one of the women
included is Jane Fonda. She ( Kring) would like the Council to write a resolution and send it to ABC
asking that Ms. Fonda not be included considering her overt actions in protesting the Vietnam War. She
also urged Veteran’s organizations to do the same.
D. NO PUBLIC HEARINGS WERE SCHEDULED.
ADJOURNMENT: By general Council consent, the Council Meeting of October 26, 1999 was adjourned
(6:31 P.M.).
SHERYLL SCHROEDER
CITY CLERK
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