2000/05/16ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
MAY 16, 2000
The City Council of the City of Anaheim met in regular session.
PRESENT:
PRESENT:
ABSENT:
PRESENT:
MAYOR: Tom Daly
COUNCIL MEMBERS: Frank Feldhaus, Lucille Kring, Tom Tait
COUNCIL MEMBERS: Shirley McCracken
CITY MANAGER: Jim Ruth
CITY ATTORNEY: Jack White
CITY CLERK: Sheryll Schroeder
ASST. CITY CLERK: Ann Sauvageau
EXEC. DIRECTOR OF COMMUNITY DEVELOPMENT: Lisa Stipkovich
PUBLIC UTILITIES GENERAL MANAGER: Ed Aghjayan
SR. ELECTRIC SYSTEMS DESIGNER: Bob Templeton
A complete copy of the agenda for the meeting of the Anaheim City Council was posted on May 12, 2000
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 Council Meeting of May 16, 2000 to order and welcomed
those in attendance (3:27 P.M.). He noted that Council Member McCracken was ill and would not be
present today.
City Manager, James Ruth introduced Ed Aghjayan, Public Utilities General Manager who will make the
presentation today.
FIVE-YEAR ELECTRICAL UNDERGROUND CONVERSION PROGRAM: Ed Aghjayan, Public Utilities
General Manager. This is almost the 10TM anniversary of the Underground Conversion Program
established by the City Council in June 1990. Before beginning his presentation, he showed four Power
Pointe slides of Harbor Boulevard north of Katella before 1993, in 1994, 1999 and finally 2000 which
depicted the dramatic change that had taken place not only with undergrounding utilities, but also
elimination of signage, (now monument signs) and beautification relative to the landscape and
streetscape. This was one of the most successful and ambitious programs for removing clutter and
beautification of the area under a City-wide effort. The success is due to the City Manager's leadership,
all City Departments and the insistence of the City Council to make it happen.
Mr. Aghjayan then presented the Five-Year Underground Conversion Plan (FY2000/01 through 2004/05)
supplemented by Power Pointe slides, hard copies of which were presented in a booklet entitled, The
Anaheim Underground Conversion Program, made a part of the record. His presentation covered the
following which he briefed: History of the Underground Conversion Program; Approval Process (which
projects are undertaken and how); Progress Summary (June 1990-January 2000 - $52.5 million spent to
date, 25 underground projects completed, six projects presently under construction); Completed Projects;
location of projects under construction; Five-Year Proposed Plan - FY2000/01 through 2004/05 - 17
projects total (16 carried over, one new project); Proposed Plan - Projects/Schedule/Cost - new project
added @ LaPalma/Imperial; Projects by Geographical Diversity; Schedule Changes (State
College/Katella, Ball/Euclid - schedule adjusted to coordinate with Public Works revised schedule);
Schedule Changes (Santa Aha Canyon Rd., Broadway Phase II, Lincoln Ave./Magnolia - schedule
revised to balance Five-Year Plan cash flow); explanation of new project at La Palma/Imperial; list of
Alternative Projects.
During his presentation, Mr. Aghjayan showed additional computer-simulated slides (before and after) of
various projects. He also noted that they are taking a strong look City wide of what else they do for the
investment, the ultimate objective being beautification, i.e., trees, landscaping, (elimination of) signs.
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES
MAY 16, 2000
At the conclusion of Mr. Aghjayan's presentation, questions were posed by Mayor Daly and Council
Members answered by Mr. Aghjayan, Russ McGuire, Deputy Director of Public Works and Bob
Templeton, Sr. Electric Systems Designer (Lead/Underground Program) relative to reason(s) for schedule
changes, coordinated effort for beautification, project funding, explanation of the La Palma/Imperial
project, etc. At the conclusion of questions, Mayor Daly noted that a project not included was Harbor Blvd.
through the downtown area. That was a project he was looking at especially with Lincoln Avenue looking
so good and the major undergrounding underway. He noted it is not on the Five-Year Plan at this point.
Ed Aghjayan. In the first-cut draft of the plan, it was one of three projects to be included this year but with
the realization that they are recommending decreasing electric rates, they lost $6 million as a result of that
recalculation which eliminated two projects. He would say it would be one of the first projects added to the
plan next year, one that would probably come in at the tail end of the Five-Year Plan.
Mr. Aghjayan, after answering additional questions, introduced Public Utilities staff members most
involved in the Underground Program and acknowledged their contributions. He also noted that the
Proposed Five-Year Electric Underground Conversion Plan was on tonight's Council agenda for approval
(Item A28).
At the conclusion of the workshop, Mayor Daiy thanked staff for the informative and detailed presentation.
He appreciates the effort put into one of the most popular programs in the City. It generates a lot of
questions and positive comments.
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.
1. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION
54956.9(a) - Existin¢~ Litic~ation:
Name of Case: Vista Royale Homeowners Assn. v. 396 Investment Co. fka The Fieldstone
Company, et al., Orange County Superior Court Case No. 77-30-74 (and related cases).
CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION:
Initiation of litigation pursuant to subdivision (b) of Section 54956.9:
One potential case.
CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION:
Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9 of the Government
Code: five potential cases. Claims of Friends of Frank Feldhaus Committee, Irving Pickler,
Supporters of Irv Pickler Committee, Debra Daly, Tom Daly and Friends of Tom Daly Committee.
CONFERECEWITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION
54957.6:
Agency designated representative: David Hill
Name of employee organization: Anaheim Firefighters' Association.
5. CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE
SECTION 54957.6:
Agency designated representative: David Hill
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
MAY 16, 2000
Name of employee organizations: Anaheim Police Association, Anaheim Municipal Employees
Association, international Brotherhood of Electrical Workers, Local 47, Service Employees
international Union Local 1877 and Teamsters Local 952- CalPERS update.
CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE
SECTION 54957.6:
Agency designated representative: David Hill
Name of employee organizations: International Brotherhood of Electrical Workers, Local 47.
CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE
SECTION 54957.6:
Agency designated representative: David Hill
Name of employee organizations: unrepresented management employees.
RECESS:
Mayor Daly moved to recess into Closed Session. Council Member Kring seconded the motion.
Council Member McCracken absent. MOTION CARRIED. (3:52 p.m.)
AFTER RECESS:
Mayor Daly called the regular Council meeting of May 16, 2000 to order at 5:55 p.m, and
welcomed those in attendance.
Mayor Daly first announced that Council Member Shidey McCracken was ill and will not be present this
evening but hopefully will be back for the next Council meeting.
INVOCATION: Pastor Steve Isenman from the West Anaheim United Methodist Church gave the
invocation.
FLAG SALUTE:
Council Member Lucille Kring led the assembly in the Pledge of Allegiance to the Flag.
CONTINUATION OF ITEM C2.
Mayor Daly. He noted that many people were present on Item C2., the proposed St. Verena Orthodox
Coptic Church. A Public Hearing on the item was held before the Council at the last meeting (May 2, 2000
- see minutes that date) and continued to this date for a full Council vote. For a variety of reasons, i.e.,
recent information has been submitted by the Coptic Church regarding their parking plan which needs to
be analyzed by Planning staff and, because Council Member McCracken is not present tonight and a full
Council is needed, he believes that the item should be continued this evening. He asked the City Attorney
to assist procedurally to allow the Council to make a decision regarding a continuation.
City Attorney White. Because it is now 6:00 P.M., the Council can take action on Public Hearings. If they
wish to offer a motion to continue the matter to a subsequent meeting, that would be in order. The public
participation portion of the hearing was closed on May 2, 2000 and there is no need to take additional
testimony at this time.
Mayor Daly. If additional information relating to the application has been submitted and the Council would
like the Planning staff to review that information, he asked if that can still happen within the parameters of
the public hearing process that has already occurred; City Attorney White answered, yes. The testimony
portion was closed and he indicated at the last meeting that no additional information should be submitted;
however, if the Council wishes to receive additional information, as long as it is made available to all
persons on any and all sides of the issue to review, and, if they disagree, to submit their own information
between now and the next meeting to which the hearing is continued, he would not see a legal problem
doing that.
3
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ANAHEIM CALIFORNIA ' CITY COUNCIL MINUTES,
MAY 2000
119: RECOGNITtONS AUTHORIZED BY COUNCIL THIS DATE TO BE MAILED OR PRESENTED AT
ANOTHER TIME:
Declaration recognizing Roberta Pantie on her retirement from the Magnolia School District.
Proclamation recognizing May 2000, as National Drug Court Month in Anaheim.
Mayor Daly recessed the City Council meeting until after the Redevelopment Agency and Anaheim
Housing Authority meetings. (6:17 p.m.).
Mayor Daly reconvened the City Council Meeting. (6:31 p.m.).
ADDITIONS TO THE AGENDA:
There were no additions to agenda items.
PUBLIC COMMENTS - AGENDA ITEMS:
Father Joseph Boules. He wanted to take the opportunity to thank the Council for their time. He
thereupon asked the friends and neighbors of St. Verena Orthodox Coptic Church to stand and to thank
them for taking the time to be present (there were approximately 70 to 80 people present). They will save
their comments for next week.
Lorie Mendoza, 1774 S. Strathmore Place, Anaheim. She lives in the Katella Smart Street project area,
one of the "Katella 9" homeowners. She was present before on the same issue (see minutes of March 7,
2000). Next to her house is a vacant lot of surplus land. The City initially offered it at $45,000 and brought
it down to $10,000. She met with the City on Mamh 27, 2000 and asked the Public Works Department,
relative to the overhead electrical wires, telephone pole and guide wires, if she purchased the property,
what happens to those wires and, if she doesn't purchase the property, what would happen. Public Works
indicated they would get back to her with the person who had those answers immediately; she is still
waiting for the answer. Also, the two other issues discussed were the weeds and gophers, both of which
have been an ongoing problem. She filed a claim with the City over a year ago relative to the money she
spent in trying to rid the property of gophers and the 80 gopher holes, but her claim was denied. One last
issue is the pavement on Katella. Her house and many of the things in it vibrates when vehicles drive by
due to the pot holes in the street and also the metal plates. She has not heard back from anybody on
these issues. She is a frustrated Anaheim resident. She has been given a decision deadline date from
the City of May 12, last Thursday. Since she cannot get the answers she needs, she cannot make a
decision. She is asking the Council to help her get the answers.
City Manager Ruth. He asked for Public Works to address the issue(s); Natalie Meeks, Civil
Engineer/Project Manager, Public Works. She first apologized that no one got back to Ms. Mendoza.
After their meeting, she called the Utilities Department and asked that they meet with her the following
week; she does not know why that has not occurred. Relative to the weeds and gophers, those have
been continuing issues. They had exterminators go out to the property previously but apparently the
gophers are back; the weeds will also have to be taken care of and she will see that there is follow up on
both. Relative to the vibration, there is a lot of construction going on but she will talk to the Field Inspector
to see what can be done relative to the pavement or the steel plates covering the trenches. Staff will
definitely get back to her tomorrow on the utility information she needs. She also reported that the project
(Katella Smart Street) is scheduled for completion in September and subsequently clarified other
questions posed by the Mayor.
5
ANAHEIM CALIFORNIA - CITY COUNCIL MINUTES
MAY 167 2000
Mayor Daly. In concluding, he noted that staff will be following up and will be in touch with Ms. Mendoza
on the Utility issues as well as the overall issues and will keep the Council informed as to the status of all
nine properties and the ultimate results.
Linda Lee Grau, 24 Morning Dove, Irvine. Reduce the size and cost of government; give Savis Roditis his
100 cabs.
Esther Wallace, 604 Scott Lane, Anaheim. She thanked the Council/City for helping with the very
successful West Anaheim Barbecue held last week end at Twila Reid Park. She personally thanked City
staff who assisted and also gave special thanks to Sally Feldhaus who received the "Tim Ewing Walk-
Around Award" which is given to the person or persons instrumental in contributing to the betterment of
West Anaheim. She also explained the "Community Friendly Business Award" signified by a decal to be
placed in the window of businesses who, in the eyes of WAND (West Anaheim Neighborhood
Development Council) deserve the decal along with a certificate from 4t~ District Orange County
Supervisor, Cynthia Coad. The purpose is to get West Anaheim people to shop in West Anaheim and
make it business friendly.
Richard Chavez, Board Member, Eli Home for abused children. He is present as a spokesperson but he
is also Vice President of the O.C. Central Labor Caouncil and an Anaheim Firefighter, 3325 E. Miraloma,
Unit 124, Anaheim. A couple of weeks ago, (see minutes of May 2, 2000) there were some incredible
allegations made about what is really a wonderful charity, the Eli Home. It was disturbing to hear the
allegations that were blatantly false. They have learned since then that the Council is considering moving
forward and perhaps closing the Eli Home. It would be extremely sad for him and the Board of Directors.
They feel as a community, they have a responsibility to protect the most innocent of victims, children that
have been abused. He feels it is imperative for the Council to look closely at what is going on, i.e., the
pattern of substance abuse from the small group (who made the allegations) and also that the women
who spoke (against the Eli Home) were bought and paid for by the same small group of detractors who
have opposed the home from the beginning. Because of the complaints, the home has been repeatedly
investigated and nothing has been found either by Code Enforcement or the Police Department. They are
not afraid of investigations. City officials have also been involved in demeaning this charity. (He reported
on one incident involving the Mayor which was refuted by the Mayor who noted that Mr. Chavez was
paraphrasing, using words not said by him.) In concluding, Mr. Chavez stated that the home is safe, there
have been no Police incidents, and the Federal Government has indicated that Eli's children have a right
to be in that neighborhood. They are confident that the Federal government will support them in their
ability to protect children and allow them to be in a neighborhood where children can thrive.
Sandra Harris, 1919 E. Center St., Room 303, Anaheim. She addressed several issues which were of
concern to her in the downtown area, one being the material used in the cross walks which she felt made
it difficult to walk. She also stated she had requested a Claim Form some months ago but never received
it; Mayor Daly stated that a form would be sent.
A woman who did not wish to be identified stated that she had been a victim of domestic violence. She
also noted that a business in the City is operating illegally and the City has known this to be so. Two
weeks ago, Council Member Feldhaus asked for an answer as to why the Eli Home is still in operation and
she would like to know as well. The City Attorney promised a full report and she asked if it was available
tonight.
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
MAY 2000
City Attorney White. The report has been given to the Council It will be discussed in Closed Session
since it relates to potential litigation and will not be discussed publicly.
The woman then explained some incidents that occurred while she was at the Eli Home; Mayor Daly
asked that whatever material she might have should be shared with City staff for evaluation.
MOTION:
Mayor Daly moved to waive reading in full of all ordinances and resolutions to be acted upon for
the Council meeting of May 16, 2000. Council Member Kring seconded the motion. Council
Member McCracken was absent. MOTION CARRIED.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR A1 - A31: On motion by Mayor Daly,
seconded by Council Member Kring, the following items were approved in accordance with the reports,
certifications and recommendations furnished each Council Member and as listed on the Consent
Calendar; Mayor Daly offered Resolutions Nos. 2000-75 through 2000-77, both inclusive, for adoption.
Refer to Resolution Book.
Al. 118: Rejecting and denying certain claims flied against the City. Referred to Risk Management.
The following claims were filed against the City and actions taken as recommended:
a. Claim submitted by Yair Melamed, M.D. for property damage sustained purportedly due to
actions of the City on or about March 13, 2000.
b. Claim submitted by Barbara Elias for property damage sustained purportedly due to actions of
the City on or about October 1, 1999.
A2.. 105: Receive and file minutes of the Anaheim Park and Recreation Commission meeting held
March 22, 2000.
105: Receive and file minutes of the Golf Advisory Commission meeting held March 23, 2000.
105: Receive and file minutes of the Anaheim Redevelopment and Housing Commission meeting
held April 5, 2000.
174: Receive and file a Notice of Extension of Time dated May 4, 2000, filed before the United
States of America Federal Energy Regulatory Commission by Entergy Services, Inc.
Council Member Feldhaus noted in the Parks & Recreation Committee minutes of Mamh 22, 2000 (page
2) it states, "An extensive discussion took place. Staff answered questions from the Commission." It does
not indicate what the discussion was about. He would also like more information on the Park Bond Act
especially since $1.5 million is for Anaheim and there are 120 unfunded captial projects pending.
City Manager Ruth. Chris Jarvi, Community Services Director, has done his evaluation and will be coming
forth in the budget hearings with recommendations on how those bond funds could be allocated. Staff will
be looking for Council policy direction on that issue and will include a listing of the proposed projects for
Council consideration.
Council Member Feldhaus continued relative to Item D, page 3, the Pacific Symphony Concert at Pearson
Park, it states that three free concerts are to be given at the park. He questions whether they are really
free because the cost of the concerts is $72,000. An outside person has been hired to raise the other
$60,000 from businesses throughout the City. It may be free to the attendees, but not something he
would consider "free". He feels that money could be put to better use, specifically for a skateboard park
since he believes there is a need.
7
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
MAY 16, 2000
Relative to the Golf Advisory Commission minutes of March 23, 2000, he read, "Agreement was reached
on the parameters of the appraisal and a list of four golf course appraisers." He asked when the report is
going to be coming to the Council.
City Manager Ruth stated it should be forthcoming within the next couple of weeks. They had tried to plan
a briefing of the Council in Closed Session today but due to the heavy agenda, it was impossible to do so.
They will be bringing it forward in the next couple or three weeks. Staff has completed the analysis and
did due dilligence and will be coming forth with a recommendation for consideration. An extensive amount
of time was spent with the actual Iow bidder in checking his background and experience. Due dilligence
was also done on the financial background and as a result of that investigation, a recommendation has
been compiled for Council consideration.
Council Member Feldhaus. He is hearing this from citizens while he has heard nothing; City Manager
Ruth. They had to follow up to make sure the bid was for real and the proposer could back it up.
A3.
175: Award the contract to the lowest responsible bidder, Atlas-Allied, Inc., in the amount of
$50,948 for 16 inch and 6 inch water main replacement and approve and authorize the Finance
Director to sign the Escrow Agreement pertaining to contract retentions.
A4.
169: Award the contract to the lowest responsible bidder, Hiilcrest Contracting, Inc., in the
amount of $265,499.90 for Lincoln Avenue Median Improvement and Beautification (Gilbert Street
to Magnolia Avenue) and approve and authorize the Finance Director to sign the Escrow
Agreement pertaining to contract retentions.
A5.
175: Award the contract to the lowest responsible bidder, Pouk & Steinle, Inc., in the amount of
$630,250 for Backbone Rehabilitation of the Fry & Rim 12kV Circuits and approve and authorize
the Finance Director to sign the Escrow Agreement pertaining to contract retentions.
A6.
158: Approve the Acquisition Agreement for real property located at 1730 South Clementine
Street (RNV 5180-89) in connection with the Anaheim Resort Specific Plan and EIR, authorize the
Mayor and City Clerk to execute said Agreement and authorize the acquisition payment of
$55,099 to Satellite Cleaners, Inc.
A7.
123: Approve an Agreement with the Anaheim Transportation Network for operation of the
Anaheim Resort Transportation Service.
A8.
123: Approve Program Supplement No. M072 to Agency-State Agreement for the Federal Aid
Projects No. 12-5055 for the Kreemer Boulevard street improvement project from Miraloma
Avenue to Coronado Street.
Ag.
123: Approve an agreement with EBus, Inc., for the provision of a complimentary electric bus for
demonstration in the Anaheim Resort Transportation Project.
AIO.
158: RESOLUTION NO. 2000R-75 RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM accepting certain deeds conveying certain real properties or interests therein to the
City. (Deeds 10282 - 10283.)
A11.
160: Authorize the issuance of a change order to Hahn & Bowersock, to increase the dollar
amount of the purchase order by $10,000 to a not to exceed amount of $30,000 for court reporter
services.
A12. 160: Accept the Iow bid of Gaines Electric Supply Company, in the amount of $25,893,80, for a
lighting panel project in accordance with Bid #6037.
ANAHEIM CALIFORNIA - CITY COUNCIL MINUTES
MAY 2000
A13.
160: Waive Council Policy 306 and authorize the Purchasing Agent to issue a purchase order to
Pursuit Technology, Inc., in the amount of $29,096.48, for the purchase of accessory equipment
for the Police Department's Mobile Data Computer project.
Al4.
160: Waive Council Policy 306 and authorize the Purchasing Agent to issue a purchase order to
RFL Electronics, Inc., c/o Matzinger-Keegan, in the amount of $117,392 for 16 RFL Model 9300
relays for Katella, Lewis and Southwest Substations.
A15. 184: Conditionally consent to the use of the City's expert, Eberhart Consultants, by the Santiago
Geologic Hazard Abatement District.
A16.
123: Approve a Sixth Amendment to Agreement with the Orange County Chapter of the American
Red Cross, extending the terms of the agreement until May 31, 2000, at a cost of $5,000 for
swimming lesson service fees.
Council Member Feldhaus asked for clarification if the date for extending the contract was, in fact, March
31, 2000 or 2001 since in one instance it states 2000 and in another, 2001; Chris Jarvi, Community
Services Director confirmed that it was March 31, 2001.
A17. 150: Approve the waiver of $415 in facility use fees for baseball camp to be held at Boysen Park
August 7 - 11, 2000, for deaf youth as requested by the Orange Empire Sertoma service
organization.
A18. 123: Approve and execute an Agreement between the City of Anaheim and the Anaheim Union
High School District for the period of June 1, 2000 through September 30, 2000, to facilitate
summer sports camps to students 12-18 years of age.
A19. 123: Approve and authorize the Public Utilities General Manager to execute (1) a Third
Amendment to extend the Agreement with EES Consulting, Inc., to provide consulting services to
the Public Utilities Department with regard to the electric system competitive environment and
utility rate studies for both water and electric service; and (2) a Third Amendment to extend the
Agreement with R.W. Beck to provide additional consulting services relating to the Department
strategic options with regard to the electric system competitive environment.
Council Member Tait. He asked for a 30-day continuance on this item since he noted there were no costs
indicated relative to the request. A continuance would give the Liaison Committee an opportunity to
discuss the issue.
MOTION. Council Member Tait moved that Item A19 be continued for 30 days. Mayor Daiy seconded the
motion for purposes of discussion.
Before a vote was taken, the Mayor asked staff if there were any timing issues relating to the item; Ed
Aghjayan, Public Utilities Manager answered, yes. A 30-day continuance will stop the on-going analysis
that is in process. In particular, they have an RFP (Request for Proposal) out for the operation and
maintenance of the combustion turbine. If they don't extend the contracts, they will not have consultants
available to do the evaluation. They have been providing ongoing consulting with respect to the entire
outsourcing option. EES in particular has been looking at the whole rate design (of the Utilities) in terms
or restructuring rates as well.
Mayor Daly noted that it does not approve any more funds since no dollar amounts are mentioned; Don
Shackelford, Acting Financial Services Manager/Utilities. The request is taking two existing contracts and
extending the term. Each firm has provided an hourly cost for each individual and the City will be billed
under the terms indicated in the attachment and they will be able to bill the Utilities under that amendment.
Funds are budgeted in the upcoming budget to be approved by the Council. The EES term is still ongoing
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ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
MAY 16, 2000
Mr. Aghjayan stated because prior contracts had a maximum and they have reached the maximum which
requires further Council action. He does not know why the subject contracts do not have maximums.
A vote was then taken on the foregoing motion amended as follows: Approving the Third Amendment to
extend the Agreement with EES Consulting, Inc., and continuing the proposed Third Amendment to
extend the Agreement with R.W. Beck for three weeks instead of 30 days. MOTION CARRIED
UNANIMOUSLY. (Council Member McCracken was absent).
A20. ~ Authorize the Community Services Department to accept an augmentation to the Public
Library Fund Grant from the State Library and increase the Community Services Department's
i~c~ Library Services Division budget for both revenue and expenditures in State Grant fund 213-217 in
the amount of $332,043 for FY 99/00.
156: RESOLUTION NO. 2000R-76 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM authorizing the Chief of Police to submit a grant proposal on behalf of the City of
Anaheim to the Office of Criminal Justice Planning for second year funding for the Suppression of
Drug Abuse in Schools Grant Program.
Authorize the Chief of Police to execute all required grant documents,
123: Waive Council Policy 306 and approve an Agreement with Anaheim Memorial West Hospital
to provide medical services for evidence collection on alleged sexual assault victims and authorize
the Chief of Police on behalf of the City to approve and execute future amendments to said
Agreement which revise only the charges per examination, up to and including increases of ten
percent per year.
156: Authorize the Chief of Police to accept a grant award, in the amount of $105,361 from the
Office of Criminal Justice Planning for the Juvenile Accountability Incentive Block Grant Program
and execute ail required grant documents and increase revenues and expenditures by $26,675 in
the Police Department's FY 99/00 budget.
123: Approve an amendment to Agreement with the State of California, Department of
Transportation, in the amount of $990,000 for the reimbursement to the Police Department for
traffic control services, authorize the Chief of Police to execute said agreement and amend the
fiscal year 1999/2000 budget by increasing revenues and expenditures by $990,000 in Account
101-309-2251.
A25. 129: Authorize the Fire Chief to sign a letter to the California Department of Forestry (CDF)
acknowledging and approving continuance of the current rate charged by CDF for wildland fire
protection for the City of Anaheim for fiscal year 2000/2001 and notifying CDF that the amount of
acreage covered by the agreement for Protection of Wildlands has not changed,
A26. 153: RESOLUTION NO. 2000R-77 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM approving a Letter of Understanding between the International Brotherhood of
Electrical Workers, Local 47, and the City of Anaheim amending Article 27 of the Memorandum of
Understanding - Health Insurance.
A27. 123: Approve the Electrical Utility Agreement between the City of Anaheim and S & N Show
Services which authorizes S & N Show Services to provide various electrical services, on a non-
exclusive basis, to persons at the Convention Center who require such services in connection with
events,
175: Approve the Proposed Five-Year Electric Underground Conversion Plan for fiscal years
2000/01 through 2004/05 (Proposed Plan) at an estimated capital cost of $46.1 million as
recommended by the Public Utilities Board at their meeting of April 20, 2000.
11
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
MAY 2000
Mayor Daly asked for a one-week continuance on this item since he would like to review the list of
projects in the proposed five-year plan more closely, try to expedite a couple of projects, and to talk to
staff about staying on schedule for some of the major projects - Harbor being one and State College
another. He would like to find a way to expedite those two projects.
MOTION. Mayor Daly moved that Item A28 be continued for one week. Council Member Tait seconded
the motion. Council Member McCracken was absent. MOTION CARRIED.
a30.
123: Approve and authorize the Public Utilities General Manager to execute an Agreement with
American Public Power Association to receive Demonstration of Energy-Efficient Development
funding in the amount of $23,000.
175: Ratify the actions of the Public Utilities General Manager, on behalf of the City, to authorize
an additional $250,000 in expenditures for emergency repairs to the combustion turbine generator
and authorize the Purchasing Agent to issue a confirming change notice to the purchase order to
MTU Maintenance Berlin-Brandenburg GMBH, increasing the not to exceed amount from
$400,000 to $650,000.
A31. 114: Approve minutes of the Anaheim City Council meeting held April 18, 2000.
Roll Call Vote on Resolution Nos. 2000R-75 through 2000R-77, both inclusive, for adoption:
AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, Daly
NOES: MAYOR/COUNCIL MEMBERS: None
ABSENT: MAYOR/COUNCIL MEMBERS: McCracken
The Mayor declared Resolution Nos. 2000R-75 through 2000R-77, both inclusive, duly passed and
adopted.
END OF CONSENT CALENDAR. Council Member McCracken was absent. MOTIONS CARRIED.
A32. 150: NAME CHANGE OF ANAHEIM COLONY PARK BACK TO GEORGE WASHINGTON
PARK: Consider the request of the Anaheim Colony Neighborhood Council to change the name
for Anaheim Colony Park back to George Washington Park.
Mayor Daly. Two weeks ago the subject issue was addressed by Mitch Caldwell, Chairman, Anaheim
Colony Neighborhood Council (see minutes of May 2, 2000). An organized group from the Historic Colony
District asked that the Council reconsider the previous decision regarding the name of the park. The
Council has also received additional correspondence and it seems to make sense to a majority of
persons, especially the neighbors, to continue to call this park after the original name of the school on the
site, George Washington. Put into historical context, it is historicaly accurate. He feels they should look
for opportunities to identify the Mother Colony District and the whole downtown historic area. Perhaps
there are other ways to mark the original boundaries of the City and promote the district.
MOTION. Mayor Daly moved to change the name of Anaheim Colony Park back to George Washington
Park. Council Member Tail seconded the motion. Council Member McCracken was absent.
MOTION CARRIED.
12
ITEMS
ANAHEIM CALIFORNIA - CiTY COUNCIL MINUTES
MAY 2000
B1 THROUGH B6 FROM PLANNING COMMISSION MEETING OF APRIL 24~ 2000: (No action
necessary unless Council desires to set a particular item for public hearing) APPEAL PERIOD
ENDS MAY 16, 2000
B1.
179: CONDITIONAL USE PERMIT NO. 2000-04190 AND NEGATIVE DECLARATION:
OWNER: Cameron Cord, 4660 Spring Grove Avenue, Cincinnati, Ohio 45232
AGENT: Tony Duong, 577 North Batavia Street, Orange, CA 92668
LOCATION: 1651 East Babbitt Avenue. Property is 0.86 acre located on the north side of Babbitt
Avenue, 410 feet west of the centerline of State College Boulevard (D&D Recycling).
To permit a carpet recycling transfer facility.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 2000-04190 GRANTED (PC2000-47) (7 yes votes).
Approved Negative Declaration.
B2.
179: CONDITIONAL USE PERMIT NO. 2000-04191
CATEGORICALLY EXEMPT-CLASS 32:
OWNER: Sumanbhai N. Patel, 426 South Beach Boulevard, Anaheim, CA 92804
AGENT: Chevalier, Allen, and Lichman LLP, Attn: Berne Hart, 2603 Main Street #1000, Irvine,
CA 92614
LOCATION: 426 South Beach Boulevard. Property is 0.36 acre located on the east side of
Beach Boulevard, 460 feet north of the centerline of Orange Avenue (Pacific Inn Motel).
To retain an existing non-conforming 23-unit motel.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 2000-04191 DENIED (PC2000-48) (7 yes votes).
The decision of the Planning Commission was appealed in letter dated May 15, 2000 from Chevalier,
Allen & Lichman, Attorneys at Law on behalf of Pacific Inn Motel and, therefore, a Public Hearing will be
scheduled at a later date.
B3.
179: CONDITIONAL USE PERMIT NO. 2000-04193, (MASTER CONDITIONAL USE PERMIT
NO. 3928) CATEGORICALLY EXEMPT-CLASS 1:
OWNER: Prahalad Bkakta, 420 South Beach Boulevard, Anaheim, CA 92804
LOCATION: 420 South Beach Boulevard. Property is 0.76 acre located on the east side of Beach
Boulevard, 530 feet north of the centerline of Orange Avenue (Best Budget Inn Motel).
To consider reinstatement of this permit which currently contains a time limitation (originally
approved on May 12, 1997 to expire on November 12, 1999) to retain an existing 45-unit motel.
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 2000-04193/MASTER CUP NO. 3928 GRANTED reinstatement for one year to expire
April 24, 2001 (PC2000-49) (7 yes votes).
The decision of the Planning Commission was appealed in letter dated May 11, 2000 from Frank Weiser,
Attorney representing Best Budget Inn and, therefore, a Public Hearing will be scheduled at a later date.
B4.
179: WAIVER OF CODE RECIUIREMENT~ CONDITIONAL USE PERMIT NO. 2000-04194
(MASTER CONDITIONAL USE PERMIT NO. 1742)
AND NEGATIVE DECLARATION:
OWNER: In-N-Out Burgers, Attn: Natasha Shakov, Job Captain, 13502 Hamburger Lane,
Baldwin Park, CA 91706
In-N-Out Burgers, 4199 Campus Drive, 9th floor, Irvine, CA 92715
AGENT: Richard S. Herman, AIA, RS Herman Architects, Inc., 6009 Melrose Avenue, Los
Angeles, CA 90038
13
ANAHEIM CALIFORNIA - CITY COUNCIL MINUTES
MAY 16, 2000
LOCATION: 600 South Brookhurst Street. Property is 0.51 acre located at the
southeast corner or Orange Avenue and Brookhurst Street (In-N-Out Burger),
To construct a second service window for an existing fast food drive-through restaurant with
waiver of (a) minimum number of required parking spaces, (b) minimum drive-through lane
dimensions,
ACTION TAKEN BY THE PLANNING COMMISSION:
CUP NO. 2000-04~I94/MASTER CUP NO. 1742 GRANTED
(PC2000-50) (7 yes votes).
Approved waiver of code requirement.
Negative Declaration previously approved.
REPORT AND RECOMMENDATION ITEMS:
B5.
179: CONDITIONAL USE PERMIT NO. 2000-04195~ REQUEST FOR DETERMINATION OF
SUBSTANTIAL CONFORMANCE (MASTER CONDITIONAL USE PERMIT NO. 3956)
B6.
AND NEGATIVE DECLARATION:
Riley F. Marquis Jr., 5772 Garden Grove Boulevard, #147, Westminster, CA 92683, request for
determination of substantial conformance with previously-approved exhibits (of Master Conditional
Use Permit No. 3956) in order to construct two additional restreom buildings in conjunction with an
existing church and private school. Property is located at 641 South Western Avenue (Orange
County Christian School).
ACTION TAKEN BY THE PLANNING COMMISSION:
Determined CUP 2000-04195/MASTER CUP NO. 3956 to be in substantial conformance (7 yes
votes).
Negative Declaration previously approved.
179: CONDITIONAL USE PERMIT NO. 2000-042107 REQUEST FOR DETERMINATION OF
SUBSTANTIAL CONFORMANCE (MASTER CONDITIONAL USE PERMIT NO. 3724)
AND NEGATIVE DECLARATION:
Saint Thomas Korean Catholic Center, Attn: Paul M Chey, 412 North Crescent Way, Anaheim,
CA 92801 & Andrade Architects, Attn: Stan Andrade, 24501 Del Prado, Suite D-l, Dana Point, CA
92629, request for determination of substantial conformance to permit the use of an existing metal
building for limited social gatherings in conjunction with a previously-appreved church. Property is
located at 412 North Crescent Avenue (Saint Thomas Korean Catholic Center).
ACTION TAKEN BY THE PLANNING COMMISSION:
Determined CUP 2000-04210/MASTER CUP NO. 3724 to be in substantial conformance (7 yes
votes).
Negative Declaration previously approved.
B7.
ORDINANCES FOR ADOPTION:
179: ORDINANCE NO. 5729 (ADOPTION) Amending Title 18 to rezone property under
Reclassification No. 99-00-13 located at 127 South Harding Avenue from the RS-7200 zone to the
RS-5000 zone. (Introduced at the meeting of May 2, 2000, Item B13.)
B8.
179: ORDINANCE NO. 5730 (ADOPTION) Amending Title 18 to rezone property under
Reclassification No. 99-00-14 located at 1256 East Lincoln Avenue from the CH zone to the CL
zone. (Introduced at the meeting of May 2, 2000, Item B14.)
14
ANAHEIM CALIFORNIA - CITY COUNCIL MINUTES
MAY 167 2000
Mayor Daly offered Ordinance Nos. 5729 and 5730 for adoption. Refer to Ordinance Book.
ORDINANCE NO. 5729 (ADOPTION) Amending Title 18 to rezone property
under Reclassification No. 99-00-13 located at 127 South Harding Avenue from
the RS-7200 zone to the RS-5000 zone. (Introduced at the meeting of May 2,
2000, Item B13.)
ORDINANCE NO. 5730 (ADOPTION) Amending Title 18 to rezone property
under Reclassification No. 99-00-14 located at 1256 East Lincoln Avenue from
the CH zone to the CL zone. (Introduced at the meeting of May 2, 2000, Item
B14.)
Roll Call Vote on Ordinance No. 5729 and 5730 for adoption:
AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Krin9, Tait, Daly
NOES: MAYOR/COUNCIL MEMBERS: None
ABSENT: MAYOR/COUNCIL MEMBERS: McCracken
The Mayor declared Ordinance No. 5729 and 5730 duly passed and adopted.
C1.
176: PUBLIC HEARING -ABANDONMENT NO. 99-22A: In accordance with application filed by
Alberto and Sara Segura, 19239 E. Lydle Creek Place, Walnut, CA, 91789 a Public Hearing was
held on the proposed abandonment of a certain easement for a water ditch, approximately one
and a half feet in width located on that certain property located at the northwest corner of La
Palma Avenue and Onondaga Avenue - 1827 W. La Palma, reserving unto the City of Anaheim
easement for public utility purposes, pursuant to Resolution No. 2000R-64 duly published in the
North County News and notices thereof posted in accordance with law.
At their meeting held April 18, 2000, Item A2, the Anaheim City Council adopted Resolution No. 2000R-64
declaring its intention to vacate certain public streets, highways, and service easements and to consider
abandoning that certain easement for a water ditch, approximately one and a half feet in width located on
that certain property located at the northwest corner of La Palma Avenue and Onondaga Avenue - 1827
W. La Palina Avenue (ABANDONMENT NO. 99-22A).
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in North County News: April 27, 2000
Publication in North County News: May 4, 2000
Mailing to property owners within 300 feet: April 20, 2000
Posting of property: April 21,2000
Natalie Meeks, Civil Engineer, Public Works. This is the abandonment of a water ditch easement which is
no longer required by the City. Staff recommends abandonment.
Mayor Daly opened the Public Hearing and asked to hear from anyone who wished to speak; there being
none, the Public Hearing was closed.
ENVIRONMENTAL IMPACT REPORT - CATEGORICAL EXEMPTION: On motion by Mayor Daly
seconded by Council Member Kring, the City Council determined that the proposed activity fall within the
15
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
MAY 16, 2000
definition of Section 3.01 Class 5, of the City of Anaheim guidelines to the requirements for an
Environmental Impact Report and is, therefore, Categorically Exempt for the requirements to file an EIR.
Council Member McCracken absent. MOTION CARRIED.
Mayor Daly offered Resolution No. 2000R-78 for adoption, approving Abandonment No. 99-22A. Refer to
Resolution Book.
RESOLUTION NO. 2000R-78: A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM DECLARING ITS INTENTION TO VACATE
CERTAIN PUBLIC STREETS, HIGHWAYS AND SERVICE EASEMENTS
(ABANDONMENT NO. 99-22A).
Roll Call Vote on Resolution Nos. 2000R-78 ~ for adoption:
AYES:
NOES:
ABSENT:
MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, Daiy
MAYOR/COUNCIL MEMBERS: None
MAYOR/COUNCIL MEMBERS: McCracken
The Mayor declared Resolution Nos. 2000R-78 duly passed and adopted.
C2.
179: CONTINUED PUBLIC HEARING~ RECLASSIFICATION NO. 99-00-16~ WAIVER OF
CODERE~IUIREMENT~ CONDITIONAL USE PERMIT NO. 4178 AND NEGATIVE
DECLARATION:
OWNER: David and Sandra Huarte, Trustees of the Joseph Huarte Trust UDT, 5038 Tierra Del
Crc, Carlsbad, CA 92008-4350
AGENT: Joseph Boules, 20575 Easthill Drive, Yorba Linda, CA 92887
LOCATION: 891 South State Colleqe Boulevard. Property is 1.54 acres located at the northwest
corner of Vermont Avenue and State College Boulevard (St. Verna Orthodox Coptic Church).
Reclassification No. 99-00-16 - To reclassify subject property from CL (Commercial, Limited)
Zone, RM-1200 (Residential, Multiple-Family) Zone and RS-7200 (Residential, Single-Family)
Zone to RS-A-43,000 (Residential, Agricultural) Zone.
Conditional Use Permit No, 4178 - To construct a church facility (including a multiple purpose
assembly hall and Sunday school classrooms) in three phases, including temporary trailers for
church use before and during construction with waiver of required setback for institutional uses
adjacent to residential zones - APPROVED, (b) minimum number of parking spaces -
APPROVED, (c) maximum structural height - APPROVED, (d) required front yard setback -
APPROVED, (e) required rear yard setback - DENIED and (f) minimum dimensions of parking
spaces - DENIED.
ACTION TAKEN BY THE PLANNING COMMISSION:
Reclassification No. 99-00-15 GRANTED UNCONDITIONALLY (PC2000-24) (7 yes votes).
CUP NO. 4178 GRANTED IN PART, approving waivers (a), (b), (c) and (d), and denying waivers
(e) and (f) (P02000-25) (6 yes votes, Commission Koos voted no).
Waiver of code Requirement APPROVED, IN PART.
Approved Negative Declaration.
Informational item at the meeting of March 28, 2000, Item B3. Review of the Planning
commission's decision requested by Mayor Pro Tern McCracken and Mayor Daiy. At the public
hearing of May 2, 2000, Item C1, extensive input was received, public hearing was closed. On the
resolutions offered for approval there was a tie vote thus necessitating continuance to this date.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in North County News: April 20, 2000
16
ANAHEIM, CALIFORNIA - CITY COUNCIL MINUTES,
MAY 16, 2000
Mailing to property owners within 300 feet: April 20, 2000
Posting of property: April 21,2000
This item was discussed at the start of the Council Meeting due to the large number of people present on
the issue (see discussion at start of meeting). Following the discussion, the Continued Public Hearing
was again continued for one week to May 23, 2000 for full Council action.
C3. 179: PUBLIC HEARING - VARIANCE NO. 4390 AND NEGATIVE DECLARATION:
OWNER: Chibueze J. Dallah, 17380 Briardale Lane, Yorba Linda, CA 92886
LOCATION: 1429 East Lincoln Avenue. Property is 0.46 acre located on the north side of Lincoln
Avenue, 160 feet east of the centerline of La Plaza.
Waiver of (a) minimum side yard setback, (b) minimum front yard setback and (c) required
orientation of residence adjacent to arterial highway, to construct a single-family residence.
ACTION TAKEN BY THE PLANNING COMMISSION:
Variance No. 4390 GRANTED IN PART (PC2000-39) (6 yes votes, Chairperson Boydstun
absent).
Approved Negative Declaration.
Informational item atthe meeting of April 18, 2000. Review of the Planning Commission's
decision requested by Mayor Daly and Mayor Pro Tern McCracken.
PUBLIC NOTICE REQUIREMENTS MET BY:
Publication in North County News: May 4, 2000
Mailing to property owners within 300 feet: May 4, 2000
Posting of property: May 5, 2000
Greg Hasting, Zoning Division Manager, briefed the staff report to the Planning Commission dated March
27, 2000 describing the subject proposal.
Mr. Chibueze Dallah, Owner, approached the podium and requested a one-week continuance of the
Public Hearing; the Council was amenable to the request.
MOTION. Mayor Daly moved to continue the subject Public Hearing for one week; Council Member Tait
seconded the motion. Council Member McCracken was absent. MOTION CARRIED.
D, Report on Closed Session Actions:
City Attorney Jack White stated that there are no actions to report.
E. COUNCIL COMMUNICATIONS:
Council Member Feldhaus: He reported on the 4th Annual Western Barbecue sponsored by WAND held
last Saturday, May 13, 2000 at Twila Reid Park in West Anaheim noting there were about 2,500 in
attendance. There was great food and great entertainment. It was so successful, there was a problem
with parking and he apologized to all those who had difficulty. He is happy to report, however, that
arrangements have already been made so there will be ample parking next year and shuttle service will
also be used; Mayor Daly echoed the same sentiments about the barbecue. It was a very fine event.
Mayor Daly: In speaking with the City Clerk, they have talked about making the agenda and backup
material available to the Council on a CD. Council Member Tait has already tried it.
17
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