2001/08/21
ANAHEIM, CALIFORNIA - CITY COUNCIL MEETING
AUGUST 21, 2001
The City Council of the City of Anaheim met in regular session.
PRESENT: Mayor Pro Tem Shirley McCracken, Council Members: Frank Feldhaus, Lucille
Kring, Tom Tait. Mayor Tom Daly entered the Council Chamber at 3:12 P.M.
STAFF PRESENT: Assistant City Manager Dave Morgan, City Attorney Jack White, Assistant
City Clerk Cynthia Daniel-Garcia.
A copy of the agenda for the meeting of the Anaheim City Council was posted on August 17,
2001, at the City Hall inside and outside bulletin boards.
Mayor Pro Tem McCracken called the regular meeting to order at 3:10 P.M. in the Council
Chambers of the Anaheim City Hall, 200 South Anaheim Boulevard.
WORKSHOP:
Assistant City Manager, Dave Morgan, introduced Mr. Art Leahy, Orange County Transportation
Authority, who presented the SR-91 Freeway Study/Action Plan. Mr. Leahy said that OCTA had
worked on a number of projects, State Route 22 was a project that would go to the Board in
October. He stated that OCT A was exploring a design/build approach for the project and it
would be one of the very first times that the approach maximized the contribution of the private
sector and would be used on an operating highway in the State of California. He believed that
by taking that approach it would excellerate the completion of the HOV lanes and auxiliary lanes
and the improvements to on and off ramps by three to four years over the original CalTrans
schedule. He said he had also taken steps to excelerate the work on the 55 Freeway and the
Collins and Chapman crossings. Mr. Leahy then referred to the power point presentation on the
Riverside/91 Freeway corridor, available in the City Clerk's Office.
Mr. Leahy noted that the worst of the traffic jam on the 91 Freeway occurred to the east of the
241 Freeway. With regard to the Four Corners Study, Mr. Leahy said that the conclusions from
that study were to extend the toll road or express lanes; look at express connections between
the 91 and 241 Freeways and between the 71 and 91 Freeways and to provide intermediate
access points on the express lanes within Orange County. The Four Corners actions were
adopted by Orange, San Bernardino and Los Angeles counties, he said. Riverside was
concerned about this, he said, and even though OCTA had continued to try to work on these
projects, and there were concerns that Riverside had limited aCTA's ability to solve some of the
problems. OCT A had participated in a CET AP project, which was the Riverside project, to look
at alternative corridors.
Mr. Leahy stated that the mobility between the two counties was important. With regard to the
possibility of a new corridor, he said that there was a great deal of concern about where a new
corridor would be placed and what issues it would have environmentally and the street and
freeway network in Orange County as far as where it would hook up. He noted that OCT A
should not do a new corridor until they had exhausted all the improvements that were possible
on the 91 Freeway corridor.
Mr. Leahy said that there was a poll taken of high propensity voters and there was strong
support for increased rail, widening of the 91 Freeway and express bus. There was reduced
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ANAHEIM CITY COUNCIL MEETING MINUTES
AUGUST 21, 2001
PAGE 2
support for double decking the 91 Freeway or a tunnel, he said. Mr. Leahy explained the
different perspectives between aCTA and Riverside County Transit. He said that aCTA was
working on adding capacity and new Metrolink service between Riverside, Fullerton and Los
Angeles areas; negotiating on franchise buy-out of westbound auxiliary lane; increasing express
bus service and studying options to alleviate problems around Lakeview Avenue and the 55
Freeway. He said that aCTA was planning auxiliary lanes on the 91 Freeway west of 55
Freeway to Tustin Avenue and west of 57 Freeway to the 1-5 Freeway.
Council Member Kring asked if there would be any State funds used for the 91 Freeway that
were programmed for the Centerline and Mr. Leahy said that OCT A had not reprogrammed any
of the money that was to go into the Centerline; however, that may occur in the future.
Council Member Tait asked if the aCTA Board had been given the option to switch that money
to the 91 Freeway corridor and Mr. Leahy said no, the plans had not yet been changed due to
recent discussions with the cities in west Orange County and other groups of cites that may be
interested in a light rail line. He said if that were not to happen, or it would take a substantial
amount of time before it would happen, then aCTA would look at other ways of investing those
funds.
Council Member McCracken said that the Transportation Corridor Agency CPTC had some
suggestions and she said that the City would have to work on some agreements with them
since they had the rights to that stretch of freeway. Mr. Leahy agreed.
Mayor Daly asked if the potential auxiliary lanes on the 91 Freeway west of 57 Freeway to the 1-
5 Freeway would require any additional right-of-way in that corridor. Mr. Leahy said he did not
believed so. Mayor Daly asked about the timing of that potential installation and Kia Marcosby,
Manager of Planning for aCTA, said that the goal was to keep it within the existing right-of-way
with the taking of minimal right-of-way. This was west bound only, he said, and working within
the existing right-of-way would get the project moving faster.
CalTrans was to provide OCT A with the amount of existing right-of-way available, Kia Marcosby
said, in response to Council Member Tait.
Mr. Leahy said that a new corridor may take five to ten years but he believed that work should
be done on the 91 Freeway and was looking at auxiliary lanes and improvements on the
Lakeview Avenue on ramp and express connectors between the 71 Freeway, 91 Freeway and
241 Freeway.
Council Member Feldhaus spoke about having the express bus service in the diamond lanes on
the 91 Freeway. He mentioned the sign that was past the 55 Freeway on the 91 Freeway
eastbound that said Yorba Linda city limits and he asked Mr. Leahy to check into that since it
was Anaheim.
Mayor Daly noted that he had requested from staff to check into CalTrans which had erected a
Fullerton city limits sign on the 91 Freeway at Harbor Boulevard on the Anaheim side of the
freeway.
Assistant City Manager Morgan said that he and Public Works Director, Gary Johnson, had a
meeting with Director Cindy Quan at CalTrans on August 22, 2001. He added that there were a
long list of issues that needed to be discussed.
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ANAHEIM CITY COUNCIL MEETING MINUTES
AUGUST 21, 2001
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Council Member Tait stated he had concerns that the CalTrans study did not address the issue
of adding new lanes and it was more about transit issues. Mr. Leahy stated that he would follow
up on that and that CalTrans was a party to the lawsuit and it may have affected what they had
said. Council Member Tait asked if aCTA was being asked to help in any way with regard to
the lawsuit and Mr. Leahy said that OCT A would do what they could to help bring it to a
resolution.
Mayor Daly asked if there was any governmental study or analysis underway on the new south
west passage by aCTA or any other governmental agencies and Mr. Leahy said that Riverside
was pursuing work on that project and aCTA was taking part in their steering committee. At
aCTA, he said, there was no work on the way. Mr. Leahy said that there was a strong
consensus in favor of wanting to find solutions and wanting to look at the 91 Freeway.
Assistant City Manager Morgan suggested that staff prepare a 91 Freeway status report for
Council every 90 days since the 91 Freeway was a key issue for the City and there were
different entities involved.
Mayor Daly asked that the staff report back to Council on any issues affecting the City, the
height of the design of the ramp, aesthetics, sound walls, on the additional west bound
connection between the 91 Freeway and the 241 Freeway.
ADDITIONSIDELETIONS TO CLOSED SESSION:
Mayor Daly moved, seconded by Council Member Kring, to add the performance review of the
Council appointees. Motion carried unanimously.
PUBLIC COMMENTS - CLOSED SESSION ITEMS:
There were no public comments relative to Closes Session items.
Mayor Daly moved to recess to Closed Session, seconded by Council Member McCracken.
Motion carried unanimously. The Council recessed to Closed Session at 3:56 P.M.
1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Section 54956.9 of the Government Code)
Name of case: Kord Group v. The Fieldstone Company, et aI.,
Orange County Superior Court Case No. 76-32-58.
2. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Section 54956.8 of the
Government Code)
Property: 2951 - 2961 West Lincoln Avenue and 222 - 306 North Beach Boulevard,
Anaheim, California.
Agency negotiator: Elisa Stipkovich
Negotiating parties: Anaheim Redevelopment Agency and RHC Communities LLC:
and Anaheim Redevelopment Agency and Wilshire-Selby East Ltd.
Under negotiation: price and terms.
3. ANNUAL EMPLOYEE PERFORAMNCE EVALUATIONS:
Titles: City Manager, City Attorney, City Clerk, City Treasurer
AFTER RECESS:
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ANAHEIM CITY COUNCIL MEETING MINUTES
AUGUST 21, 2001
PAGE 4
STAFF PRESENT: Assistant City Manager Dave Morgan, City Attorney Jack White, City Clerk
Sheryll Schroeder, Community Services Director Chris Jarvi, Planning Director Joel Fick, Zoning
Division Manager Greg Hastings, Civil Engineer Natalie Meeks
Mayor Daly called the regular Council meeting of August 21,2001, to order at 5:42 P.M. and
welcomed those in attendance.
INVOCATION: Pastor Mark Bove, Calvary Chapel of Anaheim
FLAG SALUTE: Council Member Kring.
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PROCLAMATIONS AND DECLARATIONS:
Recognizing long-term City of Anaheim employees on their retirement.
Recognitions to be presented at a later date were: Proclaiming September 9, 2001, as Let's
Make a Difference Day in Anaheim; Recognizing Cathy Thomas on receiving the Anaheim
Chamber of Commerce Crystal Apple Award and Proclaiming August 25 - September 1, 2001,
as National Truck Driver Appreciation Week.
At 5:51 P.M., Mayor Daly recessed the City Council meeting until after the Redevelopment
Agency meeting.
Mayor Daly reconvened the City Council meeting at 6:01 P.M.
ADDITIONS/DELETIONS TO THE AGENDA: None.
PUBLIC COMMENTS:
James Robert Reade, 100 West Midway Drive, Space #124, spoke about a situation he had
with the Police Department and demanded that officers attend specialized training at the Simon
Wisenthal Center and Museum of Tolerance on Pico Boulevard in Los Angeles.
Linda Lee Grau, 24 Morning Dove Drive, Irvine, asked Council to reduce the size and cost of
government and she asked that the City give South Coast Cab 100 taxi cabs.
Resident Patty Gaby explained to Council that field space for soccer games had been reduced
and there was a need for a sports facility in Anaheim hills. She said that the primary fields being
used by the leagues were Canyon Rim and they had limited use of Peralta Park, Imperial
~Iementary, T oyon Park and the lower portion of ~I Rancho.
Mayor Daly said that Council had asked staff to look for locations where more than one field
could be built. He said that soon there would be three or four soccer fields in one location which
made it easier and the fields would also be potentially lighted. The parks staff and City
Manager's Office had come up with a few opportunity sites, both in the hills and other parts of
the City as well.
Pat Kotter, spoke on item A32. She encouraged Council not to vote for term limits for
commissioners. She said she believed that it was very helpful to have commissioners with
experience.
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ANAHEIM CITY COUNCIL MEETING MINUTES
AUGUST 21, 2001
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MOTION: Mayor Daly moved to waive reading in full of all ordinances and resolutions,
seconded by Council Member McCracken. Motion carried unanimously.
CITY MANAGER/DEPARTMENTAL CONSENT CALENDAR A1 - A30: On motion by Mayor
Daly, seconded by Council Member McCracken, the following items were approved in
accordance with the reports, certifications and recommendations furnished each Council
Member and as listed on the Consent Calendar. Item A 19 was continued to August 21, 2001
and Item A22 acted upon separately. Mayor Daly offered Resolutions Nos. 2001 R-217 through
2001 R-226 for adoption. Mayor Daly offered Ordinance Nos. 5776 through 5777 for adoption.
Motion carried unanimously.
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A1.
105
A2.
A3.
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158
A4.
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A5.
A6.
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Reject certain claims filed against the City.
Receive and file the minutes of the Anaheim Workforce Investment Board meeting of
June 21, 2001 and the amended minutes of the Redevelopment and Housing
Commission meeting held July 18, 2001.
Approve Amendment NO.1 to Agreement C-0-0161 with the Orange County
Transportation Authority to implement the TravelTIP interface to collect congestion and
traffic incident information.
RESOLUTION NO. 2001 R-217 RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM accepting certain streets or portions of streets into the City street
system [City Deed Nos. 9822 (R/W511 0) and 9831 (R/W5144)].
RESOLUTION NO. 2001 R-218 RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM accepting certain deeds conveying to the City of Anaheim certain
real properties or interests therein [City Deed Nos. 10426 (RIW5655, 10427 (RIW5655-
1), 10428 (RIW5630), 10425 (R/W5656), 10424 (RIW5625), 10423 (RIW5644) and
10422 (RIW5400-08)].
Increase the General Fund revenue and expenditure appropriations in the City Attorney,
Public Works and Convention, Sports and Entertainment Departments by $261,000,
$80,000 and $65,000 respectively, decrease General Fund revenue and expenditure
appropriations in the Community Development Department by $4,950,939 and increase
General Fund revenue appropriations in the Finance Department by $3,000,000 and
authorize the transfer of an equal amount to the Community Improvements Fund.
Mayor Daly said that the end of the year revenues were up and the City Manager was
recommending an additional $3 million be transferred to the Community Improvement Fund,
which brings the Community Improvement Fund to $9 million and the other $6 million had not
yet been allocated.
Assistant City Manager Morgan stated that the first $3 million had been allocated as part of
Council's adoption of the budget and this would be the next $3 million that would go in and the
second year of the budget would anticipate another $3 million for a total of $9 million in the next
two years.
Mayor Daly suggested that there would be a workshop next week to revisit the list of capital
projects that Council had approved and look at adding to the list or expediting some projects
because the end of the year balance was greater than Council had budgeted for. Mayor Daly
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ANAHEIM CITY COUNCIL MEETING MINUTES
AUGUST 21, 2001
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voiced his belief that there were other funds available to Council depending on what projects the
Council wanted to pursue.
A7.
Waive the sealed bidding requirements of Council Policy No. 306 and authorize the
Purchasing Agent to issue a purchase order to Schweitzer Engineering, clo Matzinger-
Keegan, Inc., in the amount of $20,322 (plus applicable taxes) for six each SEL relays
for the Clair Substation protection upgrade.
Waive the sealed bidding and advertising requirements of Council Policy No. 306 and
authorize the Purchasing Agent to issue a purchase order to Valley Detroit Diesel
Allison, in the amount of $203,660 (excluding tax and freight) for the purchase of micro
turbines, software and warranty and authorize the Public Utilities General Manager to
execute an agreement with the American Public Power Association to receive
Demonstration of Energy Efficient Developments (DEED) grant funding, in the amount of
$35,000.
A9. ORDINANCE NO. 5776 (INTRODUCTION) ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF ANAHEIM fixing and levying a property tax on full cash
value of all property within the corporate limits of the City of Anaheim for the fiscal year
2001/2002.
A8.
A 10. Approve and authorize the Public Utilities General Manager to execute the agreements
between the City and Ling Electronics, Precision Anodizing and Plating, Solid Printing,
Westcoast Performance Products, and Alstyle Apparel/A&G to assist these entities in
developing energy projects which increase energy efficiency, reduce pollution and toxic
emissions and encourage innovative energy applications for a total cost of $488,910.
A 11. Approve and authorize the Public Utilities General Manger to execute the proposed
Services and License Contract between Enterprise Automation Advisors, Inc. and the
City, in an amount not to exceed $500,000 per calendar year, for the first calendar year,
and not to exceed $400,000 per calendar year for the remaining term of the contract
(through November 2006).
A 12. Waive the sealed bidding and advertising requirements of Council Policy No. 306 and
authorize the Purchasing Agent to issue a purchase order to Siemens, Power
Transmission and Distribution,LLC, in an amount not to exceed $240,000 for the
purchase of 200 electric meters with satellite communication protocols.
A 13. ORDINANCE NO. 5777 (INTRODUCTION) ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF ANAHEIM adding, deleting and amending various
chapters, sections and subsections of Title 2 of the Anaheim Municipal Code relating to
taxes.
A14. Approve the submission of an application for the Community Technology Center Grant
offered by the Federal Department of Education for computer equipment and personnel.
A 15. Approve an agreement to receive $400,000 in second year grant funds from the County
of Orange to continue operating two Family Resource Centers for the purpose of
providing services that promote safe and stable families, reduce child abuse, and
provide support for relative caregivers and increase the revenue and expenditure
appropriations in the amount of $400,000 in Program 101-213-7245.
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ANAHEIM CITY COUNCIL MEETING MINUTES
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A 16. Approve an agreement with Western Youth Services in the amount of $25,000 effective
upon execution of the agreement through September 30, 2001, and $45,000 from
October 1, 2001 through September 30, 2002, to provide individual, family and group
counseling services for individuals referred by the Manzanita Park and Ponderosa Park
Family Resource Centers.
A 17. Approve a consultant services agreement with WLC Architects, in an amount not to
exceed $646,990 for design services to prepare a new master plan for Maxwell Park and
the construction documents and construction observation for the Maxwell Park and
Haskett Library expansion improvements identified in the master plan work.
In response to Mayor Daly, Community Services Director Jarvi stated that there was a six-
month master planning process that involved citizen participation in the area. He said it would
also deal with the library expansion and that Community Services would take the master plan to
the Parks and Recreation Commission and Council for input relative to the design. Mr. Jarvi
said it would take about one year before construction drawings and construction started after
having an approved master plan. Instead of being a combined community center and library, he
said, it had been scaled back due to the impact on the site and was a library expansion which
would be double the size of the current facility and add meeting room space to accommodate
150 people.
Assistant City Manager Morgan explained that the items scaled back at Maxwell Park had been
relocated to Brookhurst expansion and to the Beach Boulevard youth center. He added that
those uses had not been eliminated from the plans, just relocated, and this would be back to
Council by January.
In response to Mayor Daly, Director Jarvi said that the $646,990 was for the planning and
architecture of the park. The entire construction of would be complete by December 2002.
In response to Council Member Kring, Director Jarvi stated that Dougherty and Dougherty had
the expertise in library planning but did not have the overall qualifications for the park and library
work. Council Member Kring expressed her concern about spending the extra money for WLC
Architects.
Assistant City Manager Morgan stated that the total cost of the project was around $7 million
and he emphasized the importance of having the expertise of WLC.
In response to Council Member Kring, Director Jarvi said that combining services would
elongate the process and it would take time to bring the second architect up to speed. The
second architect would also have to go through the public participation process, he said. If it
were all one process, the architect could move into the second phase of the project.
A 18. RESOLUTION NO. 2001 R-219 RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM authorizing the destruction of certain city records more than two
years old (Audit Division).
A 19. Approve and authorize the City Manager to execute the Raymond Retarding Basin
Perimeter Improvements agreement by and among the Orange County Flood Control
District, the Redevelopment Agency and the City and make certain findings for Agency
funding of said Improvements as provided in Exhibit "A."
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ANAHEIM CITY COUNCIL MEETING MINUTES
AUGUST 21, 2001
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A20. Approve and authorize the Executive Director of the Community Development
Department to execute the agreements for acquisition of a real property to acquire the
property at 1126 La Palma Parkway and that certain all-inclusive agreement for
acquisition of real property to acquire the property at 318 South Hessel for the La Palma
Park and Ross Park expansion.
A21. Approve and authorize the Mayor to execute the Second-Year Modification of the
Anaheim Workforce Investment Area Strategic Five-Year Plan and authorize staff to
submit the Modified Plan to the State for approval.
A22. RESOLUTION NO. 2001 R-220 RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM denying reinstatement of Conditional Use Permit NO.1 043 and
making certain findings in conjunction therewith.
Council Member Kring noted that she had received documentation from the residents of the
Lincoln Inn that said that they had no where else to go. She said if the conditional use permit
was denied, the owner would have three different options. She believed that the owner had
tried and that he had put $600,000 into the property. She said that Code Enforcement had fixed
up the interior of the building and the exterior was still in some disrepair. She noted that
churches had commented that the owner allowed bible studies, there was a community room
and Project Dignity was tutoring the children, Orange County rescue was there and the owner
had lots of things for the children. She believed that the City should reach out to the people and
give them some hope.
Mayor Daly commented that the City did a lot to alleviate the housing challenges for low-income
families and no other city came close to matching the City's performance record. He said that
the owner needed to have the necessary permits to reflect the type of building that he owned
and the type of operation that he had. He said that the owner was a landlord and was charging
rent to people. Mayor Daly said that it was a business for the property owner and the City had a
responsibility to apply, in an even-handed way, the standards and conditions just as they would
on any apartment project. He believed that it would not be fair to other property owners nearby
not to hold this property to the same standards as the City holds other properties.
Council Member Tait agreed with Council Member Kring and he noted he was concerned about
117 families that would not have a place to live. He said that the Hilton and Marriot Hotels did
not have the 30-day rule and that all hotels were not treated the same. He said that he would
vote to deny the item and support the Lincoln Inn.
Council Member McCracken disagreed with Council Members Kring and Tait. She said that the
Code Enforcement Officers were at the Lincoln Inn to get them to comply and not put them out
of business. She said that it was true that there was people being taken advantage of, and at
this facility, there was not a conditional use permit for church services, and that was not what
the Lincoln Inn was there for. She said that it was great that the motel allowed a church to
come in, but that was not what the conditional use permit was for and it did not even mention
church services or classes for children. The permit was for the Lincoln Inn to be a motel, she
said, and that was what was denied because they had not fulfilled the requirements to be a
motel. She mentioned that the City had worked with 147 other motels in order to bring them up
to Code. She believed that it was time for the Lincoln Inn to come up to Code and that Council
could then re-establish their permit and let them manage to operate as a motel.
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ANAHEIM CITY COUNCIL MEETING MINUTES
AUGUST 21, 2001
PAGE 9
Council Member Feldhaus commented about rents in Orange County and added that the tenant
mix was about 25 percent senior citizens and the rest was families. He said that 80 percent of
the 105 to 117 rooms available to be rented were occupied with families with children and then
there were low income individuals and mixed demographics. He said that this started back
when the owner of the motel was given initial notices to come up to Code with his motel
predicated upon some very unhealthy conditions. He was given notice to correct those and it
was ignored in the beginning, he said. When there was a threat to pull the conditional use
permit, he said, the owner began to fix some of the rooms up, and because he did that, he had
been given a one-year extension by the Planning Commission which Council endorsed. The
one-year extension had expired and the work had not been completed, he said, and then the
owner said he had spent around $600,000 fixing up the motel. Council Member Feldhaus said
that the Code was very specific and he believed that the Council and Planning Commission had
been fair in encouraging the owner to bring the property up to a liveable condition. He said that
the violations had not been corrected and it went to the Hearing Officer and he recommended
that the conditional use permit be denied. Council Member Feldhaus said he would be
accepting the Hearing Officer's recommendation.
Council Member Tait read some of the transcripts of guests at the Lincoln Inn and he said that
he felt a terrible injustice to close down the Lincoln Inn. He said that testimony from Code
Enforcement was that the owner now was doing a better job than had ever been done before
under prior ownerships. He said it was not perfect, but it was home to 117 families.
Mayor Daly reported some of the apartment rents in different areas of the City and he said it
was the lowest in Orange County, lower than Santa Ana, Stanton, Buena Park and all the cities
around Anaheim. He said that the landlord of the Lincoln Inn was charging $700 a month for
something less than a one-bedroom apartment, and it could not even be called a one-bedroom
apartment because it was not an apartment, it was a motel room, and that was the issue. He
said that the City had done a great job in providing a range of housing and now had the
distinction of having more and less expensive apartments than any place else in Orange
County.
Council Member Kring agreed that the City did a lot and that the City had more Section 8
vouchers than any other city. With the very low vacancy factor, there would be a lot of people
that would rent apartments for $700 or $800 and if the apartments were not available, the
people could not get them. She believed that there was not one person at the Lincoln Inn that
would not prefer to live in an apartment or something nicer; she said it was that those people
could not afford it. She mentioned that the people of the Lincoln Inn were trying to get on their
feet financially and that if the motel closed, would there be 117 apartments in the City that those
people could be transitioned into. She said that Mr. Karmelich had made some improvements
and he needed to make more but if he was shut down, she asked what the City had gained.
Mayor Daly believed that the time could be better spent encouraging the creation of additional
quality housing for families, rather than encouraging and allowing substandard housing.
Assistant City Manager Morgan said that the City had 147 hotels or motels and this was the only
one where staff, for public safety reasons, had made the recommendations that they had. He
said that 146 operators had found fit to operate in a safe and healthy manner.
Council Member Feldhaus believed that something could have been addressed earlier when the
property owner had an opportunity to change his motel to an apartment complex.
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ANAHEIM CITY COUNCIL MEETING MINUTES
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Mayor Daly commented that there were 147 motels and hotels in the City and this one had
crossed the line with its substandard conditions and operating procedures.
Council Member Tait moved to deny the recommendation of the Hearing Officer for the denial of
Conditional Use Permit NO.1 043, seconded by Council Member Kring.
Roll call vote: Ayes - 2: Council Members Tait and Kring. Noes - 3: Mayor Daly and Council
Members McCracken and Feldhaus. Motion to deny the denial of the reinstatement failed.
Upon the roll call vote the Council Consent Calendar, Council Members Kring and Tait asked
the City Clerk to register a no vote for Item A22 .
Roll call vote: Ayes - 3: Mayor Daly and Council Members McCracken and Feldhaus.
Noes - 2: Council Members Kring and Tait. Motion carried.
A23.
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A26.
A27.
Approve and authorize the City Manager to execute the Welfare-to- Work and Workforce
Investment Act Vendor Agreements by and between the City and Craig Foster and
Andrea Foster for comprehensive objective assessments for customers receiving
services under the Workforce Investment Act and federal Welfare-to-Work Program.
Approve and authorize the City Manager to execute the Welfare-to-Work and Workforce
Investment Act Vendor Agreements by and between the City and North Orange County
Community College District for comprehensive objective assessments for customers
receiving services under the Workforce Investment Act and federal Welfare-to-Work
Program.
Amend the Police Department's fiscal year 2001/02 budget by increasing revenues and
expenditures in the amount of $30,000 for reimbursement of expenses for gang
enforcement from the Orange County Regional Gang Enforcement Team.
Approve and authorize the Mayor to execute the agreement between the City and
Psychologist, Eric W. Gruver, Ph.D. for psychological services for the Police
Department.
Approve a new lease agreement with Gary and Linda Schnaible for 1,600 square feet of
office space at 1335 S. Euclid Avenue for temporary housing of personnel and
equipment for a period of six months and authorize the Fire Chief to approve additional
lease extensions on an as-needed basis until the completion of the new Euclid Fire
Station.
A28.
Authorize transfer of ownership of one 2001 Chevrolet pick-up truck from the Joint
Powers Training Authority to the City and approve the agreement between and among
the cities of Anaheim, Garden Grove and Orange and the Joint Powers Training
Authority relating to the transfer of said vehicle and the ownership and maintenance
thereof.
A29.
RESOLUTION NO. 2001 R-221 RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM reciting the fact of the special election held August 14, 2001 in
Community Facilities District No. 1989-1 (Sycamore Canyon), declaring the result and
such other matters as provided by law.
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ANAHEIM CITY COUNCIL MEETING MINUTES
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PAGE 11
RESOLUTION NO. 2001 R-222 RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM reciting the fact of the special election held August 14, 2001 in
Community Facilities District No. 1989-2 (The Highlands), declaring the result and such
other matters as provided by law.
RESOLUTION NO. 2001 R-223 RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM reciting the fact of the special election held August 14, 2001 in
Community Facilities District No. 1989-3 (The Summit), declaring the result and such
other matters as provided by law.
RESOLUTION NO. 2001 R-224 RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM determining that certain changes in the facilities financed by
Community Facilities District No. 1989-1 (Sycamore Canyon) are lawfully authorized
pursuant to Section 53338 of the Government Code of the State of California.
RESOLUTION NO. 2001 R-225 RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM determining that certain changes in the facilities financed by
Community Facilities District No. 1989-2 (The Highlands) are lawfully authorized
pursuant to Section 53338 of the Government Code of the State of California.
RESOLUTION NO. 2001 R-226 RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM determining that certain changes in the facilities financed by
Community Facilities District No. 1989-3 (The Summit) are lawfully authorized pursuant
to Section 53338 of the Government Code of the State of California.
114 A30. Approve minutes of the Council meeting held August 7,2001.
END OF CONSENT CALENDAR
A31.
Discuss and consider Jeffrey Farano's request for retroactive extension of time for
Conditional Use Permit No. 4084 and the Negative Declaration to allow time to comply
with conditions of approval (originally approved on January 4,1999 with an extension to
expire January 4, 2001) for a previously-approved outdoor recreational vehicle and boat
self-storage facility with an on-site manager's office/living unit, located at 1631 South
Euclid Street, Southern California Edison Easement. At the Planning Commission
meeting of June 18, 2001, Conditional Use Permit No. 4084 was approved for a
retroactive extension of time for one year to expire on January 4, 2002 and the Negative
Declaration was previously approved by 6 yes votes, Commissioner Bristol was absent.
(Continued for discussion purposes from Council meeting of July 10, 2001, Item B9,
requested by Mayor Daly and Council Member McCracken, continued from Council
meeting of July 24, 2001, Item A31, at staff's request).
179
Mayor Daly moved, seconded by Council Member McCracken, to approve the staff request for
continuance. Motion carried unanimously to continue to October 16, 2001.
Planning Director Fick stated that this item had expired last January and it was a request for a
retroactive extension of time.
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ANAHEIM CITY COUNCIL MEETING MINUTES
AUGUST 21, 2001
PAGE 12
105
A32. ORDINANCE NO. 5778 (INTRODUCTION) ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF ANAHEIM adding new Section 1.04.395 to Chapter 1.04 of
Title 1 of the Anaheim Municipal Code relating to limitations of board and commission
appointments.
Council Member Tait introduced the ordinance for first reading.
Mayor Daly noted that he was not in support of the ordinance to limit terms of volunteer board
and commissioners who serve an advisory capacity to Council.
Council Member Feldhaus said that Council Policy 117 already covered what he was looking for
and it did not require the ordinance.
106 A33. Discuss additions and/or deletions to the budget for the fiscal year 2001/2002
(Requested by Mayor Daly at the Council meeting of August 7,2001).
Mayor Daly asked that a workshop be scheduled to revisit the list of Public Works projects that
Council approved two months ago. He asked staff to prepare a very clear summary of the
projects in the current fiscal year as well as the second year of the five-year plan. He believed
having the five-year plan available to Council would be helpful over the next two years. He
mentioned that there were additional revenues in the amount of $3,000,000 available to Council
already, just six weeks into the budget year, and there was the opportunity to program for
additional projects. Mayor Daly said that the City Manager had also laid out for Council the
opportunity for bonding for some improvements with some of the additional revenues. He said
that there were additional revenues from the Resort Area, including the higher than expected
bed-tax, and various other sources, including Redevelopment. He asked Council to focus on
corridor beautification projects which were expensive but, in terms of cost and benefits, would
be some of the best investments the Council could make. He believed that the City was behind
in beautifying some of the corridors and he mentioned State College Boulevard and La Palma
Avenue were two examples of major streets in the City that were either not on the list at all for
the next five years or they were under-funded. He asked Council if they were would help focus
on expediting those projects and making sure that there was enough money in the budget for
this year and next year to deliver those projects. He believed that there were some additional
parks projects that Council should be pursuing and he believed that Council should start setting
aside money now to plan for those parks projects. Some of this, he said, may involve cutting
and spending in some of the City's existing budget and that it depended on the list of projects
that the Council would like to pursue and the available revenues. Beyond having a workshop,
and trying to reach a consensus, it would have to come back to the agenda for final approval
after the workshop. He believed that more frequent updates on Public Works projects would be
helpful and involve the Council as well as the community leaders in planning and swapping
ideas on how to make the projects as beneficial to the City as possible. There were two skate
board parks in planning, and the City with fifty square miles should be planning beyond those
two skate board parks now, he said, and start setting aside money. He said to look at the
opportunities for private sector funding assistance for those projects. He had spoken to the City
Manager about lighted vacant lots at key intersections in the City, one of those being the corner
of East Street and La Palma Avenue and there were a couple of others in west Anaheim. Until
the Council was willing to pursue small parks at some of the sites, they would not know what the
potential really was. He believed that there was a need for more beautification in the City as
well as more ball fields as Ms. Gaby had spoken about under Public Comments. He noted that
she had a large soccer league and not enough soccer fields. He said that one of the things that
was clear to him was that there was a glaring deficiency for parks with multiple playgrounds and
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ANAHEIM CITY COUNCIL MEETING MINUTES
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PAGE 13
ball fields, with three, four or five soccer fields in one location and little leagues in one location,
softball fields to include a large and growing population and he believed that the City needed to
supply more athletic fields. He said that one City-owned gymnasium which was not enough for
a City of 330,000 people and that the City could not rely on high school gymnasiums to serve
their neighborhoods and to serve all the people who would like to use gymnasiums. The
gymnasium that was built down town just a few years ago was busy seven days a week, he
added. There were groups like the YMCA and Boys and Girls Club that would like to use the
gym more and did not have enough space. He said that the solution was to build more
gymnasiums and he believed that it was a very cost beneficial investment. Mayor Daly noted
that he had spoken to both City Manager Ruth and Assistant City Manager Morgan about the
projects and he said that there were more quality Public Works projects and neighborhood
investments in the pipeline now than in a long time in the City. He said that the Council needed
to look carefully at how they were spending that money and he asked for choices for all the
investments.
Assistant City Manager Morgan requested that staff be given until September 11, 2001, to
coordinate the information that the Council was asking for. Mayor Daly said that the Council
needed the current list of projects and the costs of those projects and he asked that this be
brought forward in seven days.
Mayor Daly moved to schedule a workshop. Assistant City Manager Morgan said that staff
could bring summary information that was in the budget to Council to get the process started.
Mayor Daly stated that the condition of Brookhurst Street that stretched through the City was the
worst looking from north to south through Orange County. He asked for a plan and a schedule
to fix that and he asked that it be sooner rather than later and he was convinced that the City
had the resources. He spoke about the workshop held this date with the Orange County Transit
Authority and referred to the partnership with the County of Orange to widen sections of
Brookhurst Street and said that the target year was 2006. Mayor Daly believed that the
widening should be done sooner than 2006 and City staff had identified funding and had a time-
table. It impacted property values and neighborhood pride and the ability to attract private
sector investment depended upon those types of improvements. He added that Supervisor
Coad wanted to upgrade portions of the west Anaheim County island, outside City limits. She
was struggling to do so because the Mayor believed, that portions of Brookhurst Street near
there, were very unattractive. He believed that the City was behind in these projects and that
the investments would reap big rewards. He said that Council would schedule a workshop for
the August 28,2001, Council meeting. Mayor Daly asked for details and asked to start with the
big picture. He asked to discuss gymnasiums and how many the City could feasibly afford to
build and the period of time it would take to build them. He asked for location choices and said
that it should be coordinated with land planning, parks planning, community center planning and
other neighborhood improvements. He said that because the recent investments had been so
popular and beneficial, he was convinced that Council should expand the projects to other parts
of the City.
Council Member Tait suggested that this be continued to the September 11, 2001, agenda so
that it could be discussed after the workshop.
Council Member Feldhaus said that Council was waiting for answers on how to fund the projects
no matter where they were at in the City. He believed that what the Mayor was looking for was
beautification of the main thoroughfare's through the City and parks and open space. He said
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ANAHEIM CITY COUNCIL MEETING MINUTES
AUGUST 21, 2001
PAGE 14
that Council may want to go to bonded funding to get the whole project done in a short period of
time with identified revenue streams to pay those bonds, like what was done in the Resort Area.
Mayor Daly said that Council Member Kring had reminded Council about the need for more
sidewalks, curbs and gutters in the spending program and he said that more funds had been
added to those areas. In the last budget cycle, Council increased the funding for parkway tree
planting for individual sites that did not have parkway trees now. There had been tremendous
progress, he said, and there was a little extra money to reinvest in the City's neighborhoods.
Council Member McCracken had concerns about the sewers in Orange County and $53 million
in un-funded sewer repairs. She said that it would look great to build beautiful buildings and
landscaping but if the sewer system could not take it, the City would find itself in some major
problems. She added that she was willing to look at the projects the Council had before them
and how quickly they could be moved forward.
Council Member Kring agreed with Council Member McCracken and asked that the City
Manager look into funding the repairs of the City's sewer systems.
Assistant City Manager Morgan stated that he would include some of that information as part of
the workshop material. He said that there may well be different funding strategies for different
objectives and that Council may want to look at that.
Council Member Tait noted that there was a need for youth sport facilities throughout the City.
He indicated that he wanted to look at the Maag Ranch property and see if there were any
opportunities for that property and the property across from there. He said La Palma Park was
primed and ready to go and he looked forward to discussing those items.
Mayor Daly was impressed by the maintenance quality of the City parks and the City
maintenance on the west-end of Vorba Park where the City maintained the ball fields at one of
the County regional parks. He asked that the Council add to that system and use those high
standards as a guide.
Council Member Kring had been asked by citizens in the community about the possibility of
creating dog parks in the City. She said that Huntington Beach, Laguna Beach, Costa Mesa
and Orange had them. She suggested that some of the CalTrans surplus property near the
freeways be used.
Mayor Daly agreed with Council Member Kring and said that the Council should look at potential
sites and learn from the experiences of other cities on the funding. He said that the City
Manager would delegate this project to the appropriate department and he asked for this item to
return next week, in addition to the scheduled workshop. Mayor Daly asked the City Manger to
prepare whatever information he could and have it available by next Council meeting.
Assistant City Manager Morgan said that Council may need more time for the discussions on all
the budget items and Mayor Daly suggested that Council have a two hour workshop and begin
at 2:00 P.M. on August 28,2001.
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179
ANAHEIM CITY COUNCIL MEETING MINUTES
AUGUST 21, 2001
PAGE 15
Items 81 throuah 89 From Plannina Commission Meetina of Julv 30. 2001: (No action by
City Council required unless expressly indicated. Council may consider and act upon such
matters at its discretion. Items requiring a public hearing may be set for hearing at a later date
upon the request of any two Council members.) APPEAL PERIOD ENDS AUGUST 21,2001:
B1. CONDITIONAL USE PERMIT NO. 3124
CATEGORICALLY EXEMPT - CLASS 1:
OWNER: Sanderson Jay Ray, Attn: Lisa Lovely
2699 White Road, Suite 150, Irvine, CA 92614
AGENT: Bart Rainone, 3364 East La Palma Avenue
Anaheim, CA 92806
LOCATION: 3364 East La Palma Avenue. Property is approximately 2.79 acres with
a frontage of 252 feet on the north side of Riverside Freeway, accessed by 32-foot wide
access easement on the south side of La Palma Avenue, located 1,240 feet east of the
centerline of Shepard Street (Concourse Bowling Alley).
To modify the operational conditions for an existing bowling alley to permit live
entertainment and a cover charge for promotional events as an accessory use to the
existing bowling alley.
ACTION TAKEN BY THE PLANNING COMMISSION:
Proposed modification to Conditional Use Permit No. 3124 denied (PC2001-101) (4 yes
votes, Commissioners Bristol, Eastman, Koos and Vanderbilt, Commissioners Boydstun
and Arnold voted no and Commissioner Bostwick absent).
Public hearing scheduled September 25, 2001. Agent, Bart Rainone, appealed Planning
Commission's decision.
Council Member Kring requested the item be set for public hearing, seconded by Council
Member Tail. Set for public hearing September 25, 2001.
B2. CONDITIONAL USE PERMIT NO. 2000-04242
179 CATEGORICALLY EXEMPT - CLASS 1:
OWNER: Lakeview Investment Co, L TO, Attn: Kaye Richey
1667 East Lincoln Avenue, Orange, CA 92865
AGENT: Paula Schlue, 430 North Lakeview Avenue
Anaheim, CA 92807
LOCATION: 430 North Lakeview Avenue. Property is approximately 3.1 acres located
north and east of the northeast corner of Lakeview Avenue and McKinnon Drive (Body
Centre).
Requests reinstatement of this permit by the modification or deletion of a condition of
approval pertaining to a time limitation (originally approved on August 14, 2000, to expire
on August 14, 2001) to retain an existing massage facility within an existing commercial
retail center.
ACTION TAKEN BY THE PLANNING COMMISSION:
Approved reinstatement of Conditional Use Permit No. 2000-04242 for five years to
expire on July 30, 2006 (PC2001-1 02) (6 yes votes, Commissioner Bostwick absent).
B3. CONDITIONAL USE PERMIT NO. 2001-04393
179 CATEGORICALLY EXEMPT - CLASS 1:
OWNER: Jillbridge Corporation, 2161 West 182nd Street, Suite 101 Torrance, CA 90504
AGENT: Kasumi Realty Inc., 2161 West 182nd Street, Suite 101 Torrance, CA 90504
,_.~., ~.......,...
179
179
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ANAHEIM CITY COUNCIL MEETING MINUTES
AUGUST 21, 2001
PAGE 16
LOCATION: 839 South Harbor Boulevard. Property is approximately 1.6 acre with
frontage of 338 feet on the west side of Harbor Boulevard, located 340 feet south of the
centerline of South Street.
To establish conformity with existing Zoning Code land use requirements for an existing
commercial retail center and to permit a convenience market without beer and wine.
ACTION TAKEN BY THE PLANNING COMMISSION:
Conditional Use Permit No. 2001-04393 granted (PC2001-103) (6 yes votes,
Commissioner Bostwick absent).
In response to Mayor Daly, Zoning Division Manager Greg Hastings reported that in order for
the convenience market to go forward, the Code required that there be a conditional use permit
on the center. That enabled staff and Planning Commission to impose conditions of approval
for operation of the center.
Planning Director Fick pointed out that owner of the property was working to repave and
refurbish some of the landscaping and it had been improved. He said that Planning Department
was dealing with existing buildings and circumstances and there was a limitation as to what
improvements the Planning Commission may impose on a permit like this one. He said that this
would allow the permit for that particular use within the facility. A number of the items would be
brought up to Code, he added.
B4. WAIVER OF CODE REQUIREMENT
CONDITIONAL USE PERMIT NO. 2001-04394
AND NEGATIVE DECLARATION:
OWNER: Tom and Kay Hiramatsu, 3030 East Coronado Street Anaheim, CA 92806
AGENT: Spirit of America Tours, 3040 East Coronado Street Anaheim, CA 92806
LOCATION: 3040 East Coronado Street. Property is approximately 0.92 acre with a
frontage of 129 feet on the south side of Coronado Street, located 210 feet west of the
centerline of Kraemer Place.
To permit a bus storage and dispatch facility with waiver of (a) required improvement of
parking and outdoor storage areas, (b) required screening of parking areas, and (c)
minimum landscape setback.
ACTION TAKEN BY THE PLANNING COMMISSION:
Waiver of Code requirement approved in part [waiver (b) approved and waiver (a) and
(c) denied] (6 yes votes, Commissioner Bostwick absent).
Conditional Use Permit No. 2001-04394 granted for five years to expire on July 30, 2006
(PC2001-1 04)
B5. CONDITIONAL USE PERMIT NO. 2001-04396
AND NEGATIVE DECLARATION:
OWNER: Southern California Edison Company
2244 Walnut Grove, Rosemead, CA 91770
AGENT: Nextel Communications, Attn: M. Zimmerman
310 Commerce, Irvine, CA 92602
LOCATION: 2720 West Yale Avenue. Property is approximately 3.9 acres with
frontages of 265 feet on the south side of Yale Avenue and 265 feet on the north side of
Lincoln Avenue, located 360 feet east of the centerline of Syracuse Street.
To permit a telecommunication antenna and accessory ground-mounted equipment on
an existing electrical transmission tower.
ACTION TAKEN BY THE PLANNING COMMISSION:
ANAHEIM CITY COUNCIL MEETING MINUTES
AUGUST 21, 2001
PAGE 17
Conditional Use Permit No. 2001-04396 granted for five years to expire on July 30, 2006
(PC2001-105) (6 yes votes, Commissioner Bostwick absent).
Negative Declaration approved.
Review of the Planning Commission's decision requested by Mayor Daly and Council Member
McCracken. Set for public hearing October 2, 2001.
179
B6. CONDITIONAL USE PERMIT NO. 2001-04398
CATEGORICALLY EXEMPT - CLASS 1:
OWNER: Central Church Of Christ, Inc., 1590 West Ball Road Anaheim, CA 92802
AGENT: Gaines Stanley, 1590 West Ball Road, Anaheim, CA 92802
LOCATION: 1590 West Ball Road. Property is approximately 1.76 acre with a
frontage of 164 feet on the south side of Ball Road, located 170 feet east of the
centerline of Loara Street (Central Church of Christ, Inc.).
To permit a pre-school and daycare facility in conjunction with an existing church.
ACTION TAKEN BY THE PLANNING COMMISSION:
Conditional Use Permit No. 2001-04398 granted (PC2001-106) (6 yes votes,
Commissioner Bostwick absent).
179
REPORTS AND RECOMMENDATIONS:
B7. CONDITIONAL USE PERMIT NO. 3115 - REQUEST FOR RETROACTIVE
EXTENSION OF TIME
AND NEGATIVE DECLARATION:
Mark Rossington, 222 North East Street, Anaheim, CA 92805, requests a retroactive
extension of time to comply with conditions of approval (approved May 22, 2000 to
expire on May 22,2001) for a previously approved 14,475 square foot classroom
building and a 576 square foot maintenance building in conjunction with an existing
church and accessory private school (preschool and elementary) with waiver of parking
spaces. Property is located at 222 North East Street.
ACTION TAKEN BY THE PLANNING COMMISSION:
Approved Conditional Use Permit No. 3115 for two one-year extensions of time, one
retroactive, to expire on May 22,2003 (5 yes votes, Commissioner Bristol abstained and
Commissioner Bostwick absent).
Negative Declaration previously approved.
179
B8. CONDITIONAL USE PERMIT NO. 3860 - REQUEST FOR A NUNC PRO TUNC
RESOLUTION: City of Anaheim, Planning Department, 200 South Anaheim Boulevard,
Anaheim, CA 92805, requests a nunc pro tunc resolution to correct Condition NO.2
contained in Resolution No. PC2001-80 adopted in connection with CUP No. 3860
(Tracking No. 2001-04375). Property is located at 5620 East La Palma Avenue.
ACTION TAKEN BY THE PLANNING COMMISSION:
Conditional Use Permit No. 3860 approved (PC2001-98) (6 yes votes, Commissioner
Bostwick absent).
179
B9. CONDITIONAL USE PERMIT NO. 3935 - REQUEST FOR REVIEW OF FINAL SIGN
PLANS
AND NEGATIVE DECLARATION:
Bob Patel, 24351 ReDeGauguin, Laguna Niguel, CA 92677, requests review and
approval of final sign plans (for a previously approved restaurant and banquet facility).
Property is located at 1125 North Magnolia Avenue.
ACTION TAKEN BY THE PLANNING COMMISSION:
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ANAHEIM CITY COUNCIL MEETING MINUTES
AUGUST 21, 2001
PAGE 18
Approved final sign plans for Conditional Use Permit No. 3935 (6 yes votes,
Commissioner Bostwick absent).
Negative Declaration previously approved.
Item 810 From Zonina Administrator Meetina of Auaust 9. 2001: (No action by City Council
required unless expressly indicated. Council may consider and act upon such matters at its
discretion. Items requiring a public hearing may be set for hearing at a later date upon the
request of any two Council members.) APPEAL PERIOD ENDS AUGUST 23,2001:
REPORTS AND RECOMMENDATION ITEM:
179
B10. SPECIAL CIRCUMSTANCES WAIVER NO. 2001-00015
CATEGORICALLY EXEMPT-CLASS 4:
OWNER: Gregory Wright, 101 South Chaparral Court,
Anaheim, CA 92808
LOCATION: 101 South Chaparral Court: Property is 1.3 acres, located at the
southwest corner of Kaiser Boulevard and Chaparral Court.
Request for a waiver of Special Event Permit requirements to permit
two retaining wall-mounted temporary banners during construction activities for a new
church facility in the CO(SC)(Commercial, Office; Scenic Corridor Overlay) Zone until
December 31, 2001.
ACTION TAKEN BY THE ZONING ADMINISTRATOR:
Special Circumstances Waiver No. 2001-00015 approved
(ZA2001-29).
Item 811 From Plannina Commission Meetina of Auaust 13. 2001: (No action by City
Council required unless expressly indicated. Council may consider and act upon such matters
at its discretion. Items requiring a public hearing may be set for hearing at a later date upon the
request of any two Council members.) APPEAL PERIOD ENDS AUGUST 23, 2001:
REPORTS AND RECOMMENDATION ITEM:
B11. DETERMINATION OF CONFORMANCE WITH THE ANAHEIM GENERAL PLAN-
155 GENERAL PLAN CONFORMITY NO. 2001-00007: County of Orange, Social Services
Agency, 888 North Main Street, Santa Ana, CA 92701-3518, requests to determine
conformance with the Anaheim General Plan for the lease of office space for the County
of Orange - Social Services Agency. Property is located at 50 South Anaheim
Boulevard, Suite 90.
ACTION TAKEN BY THE PLANNING COMMISSION:
General Plan Conformity No. 2001-00007 determined to be in conformance (6 yes votes,
Commissioner Boydstun absent).
Mayor Daly offered Resolution No. 2001 R-227 for adoption.
RESOLUTION NO. 2001 R-227 RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM approving the waiver of Notice of Lease by the County of
Orange of certain property located in the City of Anaheim.
Roll call vote: Ayes - 5, Mayor Daly and Council Members McCracken, Feldhaus, Tait, and
Kring. Noes - O. Motion carried.
_..........._~--.."'.~. ,---"~.. "<,-,~,"",-,~,----,,,"--,,",...,..>.,
ANAHEIM CITY COUNCIL MEETING MINUTES
AUGUST 21, 2001
PAGE 19
6:00 P.M. PUBLIC HEARINGS:
179/170
C1.
CONTINUED PUBLIC HEARING:
RECLASSIFICATION NO. 2001-00047
VARIANCE NO. 2001-04432
TENTATIVE PARCEL MAP NO. 2000-211
AND NEGATIVE DECLARATION:
OWNER: Donald Skjerven, 1020 North Batavia Street, Suite #0, Orange, CA 92867
LOCATION: 1628 West Orangewood Avenue. Property is approximately 0.43 acres
with a frontage of 100 feet on the south side of Orangewood Avenue, located 100 feet
east of the centerline of Della Lane.
Reclassification No. 2001-00047: Request approval of Reclassification to reclassify
this property from the RS-A-43,000 (Residential/Agricultural) Zone to the RS-7200
(Residential, Single-Family) Zone.
Variance No. 2001-04432: Waiver of (a) minimum lot depth, (b) minimum lot size, (c)
minimum lot width, and (d) orientation of residential structures, to establish a 3-lot RS-
7200 zoned single-family residential subdivision.
Tentative Parcel Map No. 2000-211: To establish a 3-lot, single-family residential
subdivision.
ACTION TAKEN BY THE PLANNING COMMISSION:
Denied Reclassification No. 2001-00047 (PC2001-75) (5 yes votes, 1 no vote,
Commissioner Bristol absent).
Denied Variance No. 2001-04432 (PC2001-76).
Denied Tentative Parcel Map No. 2000-211.
Approved Negative Declaration.
Public hearing continued from Council meeting of July 24, 2001, Item C3 at the request
of the owner).
City Clerk Schroeder announced that a request from the owner, Don Skjerven, had been
received for continuance to September 25, 2001.
Council Member Kring declared a conflict and left the diazo
In response to Mayor Daly, Director Fick stated that the staff and Planning Commission concern
on the property was the three lots proposed were not in conformance with the General Plan,
subdivision and zoning requirements for the site. He said that two lots would be in conformance
and the applicant was revising plans to take it down to two lots and wanted to go back to
Planning Commission. Council would have the benefit of the revised recommendation from
Planning. Director Fick believed that it would be good to keep the item at the Council level and
the applicant would consider the revision of the plans. He recommended continuing the public
hearing.
Mayor Daly moved, seconded by Council Member Feldhaus, to continue the public hearing to
September 25, 2001. Ayes - 4: Mayor Daly and Council Members Feldhaus, Tait and
McCracken. Noes - O. Abstain - 1: Council Member Kring. Motion carried.
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ANAHEIM CITY COUNCIL MEETING MINUTES
AUGUST 21, 2001
PAGE 20
C2. PUBLIC HEARING: To consider the abandonment of certain easements for public utility
176 purposes located on the east side of Douglass Road, north of Katella Avenue (1460 S.
Douglass Road).
At their meeting held July 10, 2001, Item A20, the Anaheim City Council adopted
Resolution No. 2001 R-172 declaring its intention to vacate certain public streets,
highways and service easements (Abandonment No. ABA2001-00035).
REQUESTED BY: Jon Killen, on behalf of PO Arena L.P., a Washington limited
partnership and Queensgate Northwest L.P., a Washington limited partnership, 24361 EI
Toro Road, Suite 100, Laguna Woods, CA 92653.
A brief staff report was presented by Civil Engineer Natalie Meeks. She stated that the project
had been modified and the property had been consolidated through the lot line adjustment and
new easements that would incorporate the development would be dedicated. The easements
were no longer required, she said.
Mayor Daly opened the public hearing.
John Killen, Polygon Development, noted that this was an item related to the Arena Corporate
Center. In response to Mayor Daly, acquisition of the property would be completed this month,
construction documents had been prepared and were out to bid, Trammell Crow Company
would be coming in for plan check and then subject to market conditions. He said that the
project was fully funded and ready to go.
Mayor Daly closed the public hearing and moved to approve the environmental finding of
Categorically Exempt, Class 5, seconded by Council Member McCracken. Motion carried
unanimously.
Mayor Daly offered Resolution No. 2001 R-228 for adoption.
RESOLUTION NO. 2001 R-228 A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHIEM VACATING CERTAIN PUBLIC STREETS, HIGHWAYS AND
SERVICE EASMENTS (ABANDONMENT NO. 2001-00035).
Roll call vote: Ayes - 5, Mayor Daly and Council Members McCracken, Feldhaus, Tait, and
Kring. Noes - O. Motion carried.
179
C3. PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2001-04363
AND NEGATIVE DECLARATION:
OWNER: Helen Goldman, Harvey Tepper, Robert and Renee Tepper Attn: Robert
Tepper, 19500 Merridy Street, Northridge, CA 91324
AGENT: The Consulting Group, Inc. AUn: Dayna Aguirre,
18500 Von Karman Avenue, Suite #870, Irvine, CA 92612
LOCATION: 3440 West Lincoln Avenue. Property is approximately 1.2 acres located
south of the southeast corner of Knott Street and Lincoln Avenue.
To permit a telecommunications antenna with accessory ground-mounted equipment.
ACTION TAKEN BY THE PLANNING COMMISSION:
Conditional Use Permit No. 2001-04363 granted for five years to expire on July 2, 2006
(PC2001-90) (7 yes votes).
Negative Declaration approved.
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ANAHEIM CITY COUNCIL MEETING MINUTES
AUGUST 21, 2001
PAGE 21
Informational item at the meeting of July 24, 2001, Item 83. Review of the Planning
Commission's decision requested by Mayor Daly and Council Member McCracken.
Mayor Daly had asked that this item be scheduled for a public hearing because the Planning
staff recommended that the telecommunications antenna, with the ground mounted equipment,
be approved. He said that Planning staff had suggested a stealth design which would
camouflage the telecommunications pole better and Mayor Daly suggested that the applicant
work with Planning staff to come up with a design that was stealth and more neighborhood
friendly.
Mayor Daly opened the public hearing and asked the applicant's representative about
redesigning the facility in keeping with what the Planning staff had recommended.
Agent, Paul Kim, The Consulting Group, representative of Cingular Wireless, said that they
would work with Planning staff and said that there were some limitations that were posed by the
particular site.
A staff report was given by Zoning Division Manager, Greg Hastings. He stated that staff had
encouraged the applicant to explore other designs both on and off-site so as to make the
antenna less obvious. He said that staff felt that a 50-foot high 19 inch diameter flag pole was
not in scale with the buildings in this particular center. He said that the applicant had indicated
that other sites in this area were not feasible to existing building and site constraints and the
inability to find cooperative property owners for lease. He added that staff continued to believe
that the location currently chosen by the applicant and under consideration by the Council would
be suitable for an integrated architectural element such as a clock tower or a design feature that
would form an identity for this particular center. Planning Commission approved the applicant's
flag pole with a five year time limitation.
In response to Mayor Daly, Zoning Division Manager Hastings said that the Planning
Department recommendation would be that some type of architectural element be added to the
center that would be used to act as a land mark or architectural focal point for the center rather
than having a flag pole which would be obvious that it was not a flag pole.
Planning Director Fick said that there were many applicants that did stealth operations where
they were actually incorporated into the buildings and they were permitted as a matter of right.
These were the exceptions, he said, where an acceptable solution, architecturally, had not been
worked into the existing buildings. He commented that Planning Department was attempting to
get the best quality option or alternative and encouraged the applicants to look creatively at
some of the other alternatives.
In response to Council Member Kring, Planning Director Fick said it was not a preference to be
a clock tower, but the Mayor mentioned that there would be lots of alternatives that other cities
and other situations had used. One of the obstacles was the height that was proposed for some
of the antennas and this one ended up being fifty feet. He said that a clock tower was an
example of one thing or other types of architectural elements that had been used in other cities
or other locations and staff would rather see that then something that would not look like an
accurate flag pole.
Planning Director Fick, in response to Mayor Daly, mentioned that when a flag pole was
proposed, Planning Department looked at the appearance to see that it was in some type of
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ANAHEIM CITY COUNCIL MEETING MINUTES
AUGUST 21, 2001
PAGE 22
context with the other architecture and other structures in the center. He believed that in this
particular location, it would stand out even more.
Paul Kim said that the flag pole design was fifty feet and said that the other issue was the
search ring. He said that there was a particular area that was in need of coverage. Sprint gave
that to The Consulting Group and they explored the options to see what was available to them.
He said that an issue was finding a suitable location and following that up with a suitable design.
He submitted to Council other flag pole simulations that were done. He said that there was a
technical requirement for having the width of the pole be at 19 inches and the antennas must be
mounted within the shroud and then within the poles, the co-ax cables must be run up to the
antenna. He said that The Consulting Group had thought about doing some sort of architectural
feature to the building itself. Some type of architectural roof mount of sorts, he said. The
Consulting Group's architects had found that since the shopping center had a non-descript
nature to it and it was difficult to come up with a design that would blend in well with the
shopping center in addition to the height. He stated that The consulting Group was more than
willing to work with the City to create a design that was aesthetically pleasing. Mr. Kim said that
there was not a suitable landowner available except for this particular one. He asked Council
for feedback on the examples he had submitted with regard to the flag pole and said that the
company felt limited in the types of designs that they could do. He said that he was open to
exploring other options and if there was something that Council would like to see, he work with
staff.
In response to Mayor Daly's question, Mr. Kim stated that the antenna had to be within the
search ring and he agreed with the Mayor that the search ring was very limited. It was possible
that the antenna may work outside the search ring, but in order to shoot into that particular area
that needed coverage, the antenna may have to be re-angled or the height would have to be
increased a little bit in order to clear obstructions. He said that The Consultant Group had three
to four pending applications and as users increase, there would be a need for increased service
capacity.
Planning Director Fick said that at the last Planning Commission meeting there were five
proposals. There were two or three flag poles and other proposals with antennas attached to
Edison towers. He believed that several were from The Consultants Group.
Council Member Tait declared a conflict and left the diazo
Planning Director Fick said master plans were sought from all of the companies and they were
submitted and workshops held.
Mayor Daly asked how many total facilities were already in the City and Planning Director Fick
said that he would have to let the Council know how many there were and also how many were
in the works. Mr. Fick would prepare a report.
In response to Council Member McCracken, Planning Director Fick stated that the Planning
Department thought that the flagpole with the nineteen-inch diameter straight pole would be out
of context in thiS location. He said that the Planning Department suggested architectural
features be incorporated in some of the buildings and that would be a challenge because of
some of the architecture on the side. He said that a number of other locations had done stand
alone features, whether it was an identity item for a particular center or a clock tower or some
feature like that. He said that the City had limited options if the search ring was established as a
constraint by The Consultant Group engineers.
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ANAHEIM CITY COUNCIL MEETING MINUTES
AUGUST 21, 2001
PAGE 23
In response to Council Member Kring, Mr. Kim said that The Consultant Group would have to
replace the light pole with a new one and add additional height that was required. He noted that
there was a requirement for a certain width and there were some design complications.
Esther Wallace, West Anaheim Neighborhood Development group, noticed an increase in the
telecommunication antennas and stated her concerns. She said that WAND agreed with the
Planning Department that the telecommunications antennas should be incorporated in the
architecture of the establishment so that they would not be seen. She was driving down Orange
Avenue and looking at the electric poles that were being undergrounded and wondered if she
would be seeing telecommunications poles down the street instead. She believed that some of
the poles should be placed in the square so that they were not so obvious and they could be
hidden in a palm tree and she noted that the palm trees should be high enough. Fifty feet was
very high and she said that WAND was trying to improve the aesthetics in west Anaheim. She
believed that placing these on the corners was not the best place to locate them and she asked
if something could be done such as placing them elsewhere and putting them way back into the
community. She said that each of these companies were coming in and asking for their own
flagpoles and she noted that the item pulled this evening on the Nextel on the Edison line and
she believed that Sprint had an item on the Planning Commission Monday, August 13, 2001,
also wanting one at the site. There would be two antennas close to each other, she said, and
she asked how many companies were putting these up and how many flagpoles could be
expected in an area. She was concerned that since the poles did not cover a large area that
there would be a lot of them. She would like to see it as some sort of a stealth situation.
Judithanne Gollette said she was present at the last Planning Commission meeting and that
most of the time was spent on telecommunication towers. She believed that AT&T, Nextel,
Sprint, and Verizon would be asking for a space in the market. She said that Mr. Kim noted that
a lot of businesses did not want the telecommunication towers applied to them and she believed
that each one of the companies were being given approximately $1,000 to $5,000 per month for
the use of their land. She said that this was good money to a business so why would they not
want to have the extra income and have the antennas there. Ms. Gollette asked about the
school districts and said at $5,000 a month it would be money to the schools and she did not
know why they would not take advantage of it. She believed that this was a regional problem
and that every city and county was going to deal with it. She would like to see a comprehensive
study done on how many businesses were in the City and how many more businesses would be
coming into the City and at what sites. She believed that it could be a benefit to the City instead
of a detriment. Ms. Gollette said that WAND was working on getting the community together
with Mr. Kim and the church to work something out at the site. She mentioned that the Planning
Commission talked about looking at the Edison utility right of ways, which were already full and
the area could be compounded more and used. She said that she wanted to de-compound the
space and make it into greenbelt area. She stated that Council had requested a comprehensive
study from Redevelopment on all the Edison right-of-ways and they had not come back with
that. She said that she needed some answers before the towers began to go in. Ms. Gollette
said that Mr. Kim was trying to put the tower in a blighted location and she believed that it would
be economically feasible for a company to go in there. She added that most of the City was
single-story residences and if the telecommunications pole was placed fifty feet in the air, it
would be obtrusive. She noted that the City was placing five-year time limitations on the
granting of the telecommunication poles because of the change in technology and asked once
again that a study be prepared.
ANAHEIM CITY COUNCIL MEETING MINUTES
AUGUST 21, 2001
PAGE 24
Mayor Daly referred to item A31 on this agenda which dealt with one particular proposal in the
Edison right of way and he said in the staff report was the longer analysis of some of the other
right of ways.
Paul Kim, The Consultant Group, explained to Council the importance of telecommunications
and he viewed it as vital infrastructure and said that there was a high demand for it. He stated
that the establishment of the infrastructure would serve technical needs and reduce the visual
impact to the City and a majority of the applications had now become stealth. He said that at
the Planning Commission hearing, Commission was able to make the findings necessary to
demonstrate that due diligence had been applied to the site with the amount of review it had
gone through.
In response to Council Member Kring, Mr. Kim said that he would go back to the staff and work
out some architectural ideas that would camouflage the pole. Council Member Kring said that
the community indicated that they would look at school sites and Mr. Kim asked that if his
company did that, would staff fast track the project. Council Member Kring believed that staff
would work with Mr. Kim
Council Member Kring moved, seconded by Mayor Daly, to continue the public hearing to
September 25, 2001, and send the agent, Mr. Kim, back to Planning staff to come up with a
design that was acceptable to the community.
Ayes - 4: Mayor Daly and Council Members McCracken, Feldhaus and Kring. Noes - O.
Abstained - 1: Council Member Tait. Motion carried.
Planning Director Fick said that there may be a better solution, such as having two or three
thirty foot poles with features built in to buildings instead of having one fifty foot pole.
Mayor Daly believed that more than just the existing site should be examined. He agreed that
there may be existing two-story buildings nearby where the stealth design could be effective and
he asked staff to keep that in mind.
D. Report on Closed Session Actions:
NONE.
E. Council Communications:
Mayor Daly announced the passing away of two long time community leaders, Slim Terrell and
William Visser.
Council Member McCracken expressed her sympathy to the Terrell and Visser families. She
noted that August 25,2001 was "Fill the Boot Day" and the Fire Department would be collecting
funds for muscular dystrophy at Harbor Boulevard and Katella Avenue.
Council Member Feldhaus expressed his sympathy to the Terrell and Visser families. He
reminded everyone that the Halloween Fall Festival Parade would be held on October 27,2001.
He referred to the City Attorney the question of flash cameras in the Council Chamber.
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ANAHEIM CITY COUNCIL MEETING MINUTES
AUGUST 21, 2001
PAGE 25
Mayor Daly directed the City Manager to look into the labeling of freeway corridors in the City as
scenic corridors and asked for a staff analysis of this proposal before placing on a future Council
agenda.
Next regular City Council meeting is scheduled for August 28, 2001.
Adjournment:
There being no further business to come before the City Council, Mayor Daly adjourned the
meeting at 8:41 P.M. in memory of Slim Terrell and William Visser.
Respectfully submitted:
~qj~
Sheryl! Schroeder, CMC/AAE
City Clerk
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